Title 60, Warehousing and Deposits
11 chapters · 59 sections in this title.
N.D.C.C. § 60-06-01 Who may make application for warehouse or elevator on railroad right of way
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Any person, firm, corporation, or limited liability company desirous of erecting and operating at or contiguous to any railroad station or siding a warehouse or elevator for the purchase, sale, shipment, or storage of grain or potatoes for the public for hire, may make applicatio…
N.D.C.C. § 60-06-02 Public warehouse on railroad right of way - Application - Contents
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A written application by a person, firm, corporation, or limited liability company desirous of erecting and operating a public warehouse on a railroad right of way shall contain the following provisions: 1. A description of that portion of the right of way of said railroad on whi…
N.D.C.C. § 60-06-03 When applicant is entitled to erect public warehouse
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Upon the payment or tender of money which the applicant deems reasonable compensation for the right, privilege, and easement to erect a public warehouse on a railroad right of way, the applicant immediately shall be entitled to erect, absolutely and unconditionally, the applicant…
N.D.C.C. § 60-06-04 Compensation for right, privilege, and easement - Notice to applicant
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In case the sum tendered under section 60-06-03 is not accepted and the parties cannot agree upon the amount to pay for such right, privilege, and easement, the same shall be ascertained, assessed, and determined by proceedings in the district court of the county in which the sta…
N.D.C.C. § 60-06-05 Sidetracks to be provided
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Every railroad company or corporation organized under the laws of this state or doing business in this state, upon application in writing, shall provide reasonable sidetrack facilities and running connections between its main track and elevators and warehouses upon or contiguous …
N.D.C.C. § 60-06-06.1 Determination - Expenses
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Any party may petition the commissioner to determine rights governed under this chapter. The commissioner shall determine the matter in accordance with chapter 28-32 and the parties' rights of appeal are as limited by chapter 28-32. The value of a leaseholder's improvements may n…
N.D.C.C. § 60-06-07 Procedure in district court by applicant
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Proceedings in district court shall be instituted and carried on as follows: 1. The corporation to which the application for the right to maintain and operate an elevator or warehouse on the railroad right of way is made shall present to and file with the district court a petitio…
N.D.C.C. § 60-06-08 Procedure on trial
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At the time and place fixed for determining the compensation for an applicant's right, privilege, and easement, the court shall proceed immediately to try said matter, without a jury, if the parties consent. If they do not consent and if the time and place fixed for said hearing …
N.D.C.C. § 60-06-09 Election of gross sum or annual rental
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The court or jury, as the case may be, shall find and assess compensation both in the form of an annual rental and in the form of a gross sum for the right, privilege, and easement sought. Immediately after the finding or verdict has been made, the party against whom the proceedi…
N.D.C.C. § 60-06-10 Judgment - What it shall contain
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After election is made as provided in section 60-06-09, judgment shall be rendered adjudging among other things that upon payment of the gross sum found or the annual rental found yearly in advance, as the case may be, the party in whose favor said judgment is rendered shall be e…
N.D.C.C. § 60-06-11 Forfeiture of right, privilege, and easement by applicant
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In case the annual rental method of payment is elected, the same shall be paid yearly in advance, and if not so paid, after a default of thirty days, the right, privilege, and easement shall be forfeited absolutely.
N.D.C.C. § 60-06-12 Appeal from judgment
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Within thirty days after the entry of judgment an appeal may be taken by either party to the supreme court. Such appeal shall not stay nor hinder the use or enjoyment to the fullest extent of the right, privilege, and easement asked for by the petition or conferred by the judgmen…
N.D.C.C. § 60-06-13 Costs and disbursements of actions
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Costs and disbursements shall be paid by the unsuccessful party in each court as in civil actions. If the finding of the court or jury is for a less, or the same, amount as was tendered by the applicant before the owner of the railway at such station or siding instituted the proc…
N.D.C.C. § 60-06-14 Erection of warehouses after judgment
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Any person, firm, corporation, or limited liability company taking advantage of the provisions of this chapter, within sixty days after the amount to be paid for the easement acquired thereunder finally is determined, by agreement or by proceedings in court, shall commence the er…
N.D.C.C. § 60-06-15 Application to existing leaseholds
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The provisions of this chapter apply to the renewal or sale of existing leaseholds on railroad rights of way, and to existing leaseholds on lands that have ceased to be used for railroad rights of way after the leasehold was first created, and so long thereafter as the lease site…