Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-06-11 Hearings as to valuations - Called by commission
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For the purpose of ascertaining the reasonableness and justice of the rates and charges of public utilities, or for any other purpose authorized by law, the commission may cause a hearing to be held in the manner prescribed in chapter 28-32 to determine the value of the property …
N.D.C.C. § 49-06-12 Notice of hearing - Preliminary examination
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Before any hearing is had, the commission shall give the public utility affected thereby at least twenty days' written notice, specifying the time and place of said hearing. This provision shall not prevent the commission from making any preliminary examination or investigation i…
N.D.C.C. § 49-06-13 Hearing - Right of public utility - Evidence - Findings - Review
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Any public utility affected shall be entitled to be heard and to introduce evidence at such hearing. The commission is empowered to resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the sea…
N.D.C.C. § 49-06-14 Findings of commission - Admissible as evidence
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The findings of the commission, as made and filed, when properly certified by the commission, shall be admissible as evidence in any proceeding or hearing before the commission or any court in which the commission, the state, or any officer, department, or institution thereof, or…
N.D.C.C. § 49-06-15 Corrections and revaluation of public utility property
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The commission, upon the making of a valuation, shall: 1. Keep itself informed through its experts and other assistants of all extensions and improvements or other changes in the conditions and value of the property of the public utility; 2. Ascertain the value of such extensions…
N.D.C.C. § 49-06-16 Additional hearings of commission
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The commission from time to time may cause any further hearing and investigation to be had for the purpose of making a revaluation or ascertaining the value of any betterments, improvements, additions, or extensions made by a public utility subsequent to any hearing or investigat…
N.D.C.C. § 49-06-17 Limitation on number of valuation or revaluation orders
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No order for valuation or revaluation shall be made more than once in every three years after a determination of value has become final. This limitation, however, shall not apply to proceedings to determine past excess earnings for refunding purposes.
N.D.C.C. § 49-06-18 Employment of experts - Attorneys - Costs of hearing
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-19 Additional costs to be paid - Refund
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-20 Amount not paid to draw interest - Attorney general to collect
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-21 Writs of attachment and garnishment summons to be issued
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-22 Public utility valuation fund - Use
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Repealed by S.L. 1993, ch. 1, § 35. 49-06-23. Expenses of valuation or revaluation paid into public utility valuation revolving fund. Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-24 When electric rates not to be increased
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The commission may not increase electric rates as a result of actions taken by other states requiring higher cost resources to be built, purchased, or otherwise acquired as a result of the application of quantified environmental externality values, as defined in section 49-02-23,…
N.D.C.C. § 49-07-01 Violation of commission order or rule - Penalty
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Any person who violates or fails to comply with any provision of this title, or who fails, omits, or neglects to obey, observe, or comply with any order, decision, decree, rule, direction, demand, or requirement of the commission, or any part or provision thereof, in a case in wh…
N.D.C.C. § 49-07-02 Each violation a separate offense
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-07-03 Act of officer or agent that of principal
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In construing and enforcing the provisions of this title relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility, acting within the scope of that person's official duties or employment, in every case shall be deemed to be the …
N.D.C.C. § 49-07-04 Personal liability of officer, agent, or employee - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-07-05 Liability of persons other than public utility - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-07-05.1 Violations of pipeline safety standards - Penalties
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Any person who violates a rule or order of the commission pursuant to section 49-02-01.2 is subject to a civil penalty to be imposed by the commission of not to exceed two hundred thousand dollars for each violation for each day that the violation continues, except that the maxim…
N.D.C.C. § 49-07-06 Cumulative penalties - Not a bar to contempt
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All penalties accruing under this title shall be cumulative and a suit for the recovery of one penalty shall not: 1. Bar nor affect the recovery of any other penalty or forfeiture; nor 2. Bar any criminal prosecution against any public utility or any officer, manager, director, g…
N.D.C.C. § 49-09-01 Right of way through state lands - Conditions
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Every railroad corporation duly organized under the laws of any state or territory, or of the United States, and authorized to build and operate a railroad within this state, which shall have filed with the secretary of state a copy of its articles of incorporation, properly cert…
N.D.C.C. § 49-09-02 School lands to be taken at appraised value
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Whenever any school or state lands are taken for railway purposes as provided in section 49-09-01, the railway corporation taking such lands shall pay to the state treasurer the appraised value thereof but in no case any sum less than ten dollars per acre [.40 hectare] for all su…
N.D.C.C. § 49-09-03 How right of way obtained from board of university and school lands
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Any railway company desiring to secure the benefits of section 49-09-01, within ninety days after the definite location of its road across any section of such lands, shall file in the office of the board of university and school lands a plat of such section of land, showing the l…
N.D.C.C. § 49-09-04 When right of way reverts to state
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If any railway corporation appropriating any public lands by virtue of section 49-09-01 at any time shall abandon the use thereof for railway purposes for a period of one year, the same shall revert to the state. 49-09-04.1. Abandonment of railway lines - Public service commissio…
N.D.C.C. § 49-09-04.2 Abandoned railroad right of way - Sale - Priority of purchasers
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1. When service is discontinued on any railroad right of way in the state and the property is offered for sale, lease, exchange, or other disposal by the railroad or an affiliated entity, the property must first be offered to the following persons in the order of priority as foll…
N.D.C.C. § 49-09-04.4 Railroad abandonment - Records to be open to commission
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A railway corporation or railroad holding company having identified a railroad line in North Dakota for abandonment pursuant to 49 U.S.C. 10904(e)(2)(B) shall provide the commission or its designated representatives with access to all records directly relating to the railroad lin…
N.D.C.C. § 49-09-05 Securing right of way over land of decedent or ward
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-06 Petition for right of way over land of decedent or ward
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Repealed by S.L. 1973, ch. 257, § 82. 49-09-07. County court to approve petition for right of way over land of decedent or ward - Conveyance. Repealed by S.L. 1973, ch. 257, § 82.
N.D.C.C. § 49-09-08 Trust deeds and mortgages of railroad property
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-09 Sale under trust deed or upon mortgage foreclosure
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-10 Title acquired under sale
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Whenever the persons securing title under a trust deed or mortgage foreclosure sale shall own or represent a majority in amount of the bonds or other evidences of debt secured by any such trust deed or mortgage, and also shall include the persons who owned a majority in amount of…
N.D.C.C. § 49-09-10.1 Identification of railroad rights of way - Duties of commission
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Repealed by S.L. 1989, ch. 569, § 3.
N.D.C.C. § 49-09-10.2 Identification of right of way to be acquired, leased, or transferred
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1. Each carrier or other entity intending to acquire, lease, or transfer an operating railroad right of way shall file a notice of intent to do so with the commission, if any of the following applies: a. The acquisition or lease would be by a party that is not a railroad carrier …
N.D.C.C. § 49-09-11.2 Negotiations for reopening of railway line - Railroad abandoning line
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-11.3. Negotiations for sale, transfer, or lease of railroad property - Public service commission authority. Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.4 Commission's authority in public interest - Cooperation with other states
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.5 Interstate commerce commission certificate
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-11.6. Public service commission authorized to conduct periodic meetings concerning future operation of railroads. Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.7 Rules for enforcement
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-12. Sale of railroad equipment under security agreement - How property marked. Repealed by S.L. 1975, ch. 431, § 9.
N.D.C.C. § 49-09-13 Conditional sale contract - Filing - Marking property
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Repealed by S.L. 1965, ch. 296, § 32.
N.D.C.C. § 49-09-14 Utility property transfers filed with secretary of state
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Repealed by S.L. 2021, ch. 345, § 1.
N.D.C.C. § 49-09-15 Conveyance of real property other than right of way - Recording
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Every such conveyance, lease, deed of trust, or mortgage, made by a public utility which covers any real property other than that used by such public utility as a right of way for its railway, telecommunications lines, or gas or oil pipelines, also must, in order to obtain the pr…
N.D.C.C. § 49-11-00.1 Definitions
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In this chapter, unless the context otherwise requires: 1. "Public railroad crossing" means a location where a public highway, road, or street, including associated sidewalks or pathways, crosses one or more railroad tracks at grade. The term includes a crossing if a public autho…
N.D.C.C. § 49-11-01 Obstruction of crossing by railroad - Provision for temporary way
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Every railroad corporation while engaged in raising or lowering any railroad track or in making any other alterations, by means of which a railroad crossing may be obstructed, shall provide and keep in good order a suitable temporary way and crossing with adequate protection to e…
N.D.C.C. § 49-11-02 Railroad bridges must be in good repair
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Every railroad corporation shall maintain and keep in good repair all bridges and their abutments which the corporation shall construct for the purpose of enabling its road to pass over or under any public highway, watercourse, or other way. Railroad corporations which have trans…
N.D.C.C. § 49-11-03 Railroad bridge must provide clear passage over highway
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When it shall be necessary in the construction of a railroad to erect a bridge or culvert over any public highway or street, it shall be sufficient to construct the same so as to give a clear passageway of twenty feet [6.10 meters] or two passageways of fourteen feet [4.27 meters…
N.D.C.C. § 49-11-04 Highways and watercourses to be restored to former state
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Every corporation constructing, owning, or using a railroad shall restore every stream of water, watercourse, street, highway, or canal across, along, or upon which such railroad may be constructed to its former state or to such condition that its usefulness shall not be material…
N.D.C.C. § 49-11-05 Railroad to maintain sufficient highway crossings
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Repealed by S.L. 1993, ch. 278, § 2.
N.D.C.C. § 49-11-06 Railroad crossings - Construction and maintenance
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1. A public highway-railroad crossing at grade shall be constructed of a grade of earth on one or both sides of the railroad track, as the location may require, for the entire width of the highway grade but in no case less than twenty feet [6.10 meters] in width, the middle point…
N.D.C.C. § 49-11-07 Railroad crossing - Failure to construct or maintain - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-11-08 Making intersecting railroad crossing - No delay if bond filed
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The making of an intersecting railroad crossing by a railroad corporation constructing a new railroad shall not be hindered, delayed, nor prevented pending the ascertainment and determination of the compensation to be paid the affected railroad, if said railroad corporation propo…
N.D.C.C. § 49-11-09 Railroads intersecting - Compensation governed by law of eminent domain
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Every corporation whose railroad shall be intersected by any new railroad shall unite with the owners of such new railroad in forming such intersection and connections and shall grant the facilities provided for in section 49-11-08. If the two corporations cannot agree upon the a…