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33 chapters · 351 sections in this title.
N.D.C.C. § 49-09.1-01 Definitions
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As used in this chapter: 1. "Crossing" means the construction, operation, repair, or maintenance of a facility over, under, or across a railroad right of way by a utility. The term includes the construction, operation, repair, or maintenance of a facility that runs adjacent to an…
N.D.C.C. § 49-09.1-02 Right of utilities to cross over or under railroad right of way
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A utility may cross over or under the railroad right of way for the placement of facilities, subject to payment of the crossing fee in section 49-09.1-05 and reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of fac…
N.D.C.C. § 49-09.1-03 Notice and application for placement
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1. A utility that intends to place a facility across a railroad right of way shall provide notice of the placement to the railroad at least thirty days before the placement. 2. The notice must include a completed crossing application, including a drawing showing the location of t…
N.D.C.C. § 49-09.1-04 Commencement of construction across railroad right of way
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Thirty-five days after the receipt by the railroad of the completed crossing application, crossing fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a ser…
