North Dakota § 24-01-39 Use of right of way for utilities subject to regulations by department

North Dakota Statutes

§ 24-01-39 — Use of right of way for utilities subject to regulations by department

North Dakota § 24-01-39

Title 24Highways, Bridges, and Ferries

Ch. 24-01State Highway System

This text of North Dakota § 24-01-39 (Use of right of way for utilities subject to regulations by department) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 24-01-39 (2026).

Text

Electric transmission, telephone or telegraph lines, pole lines, railways, ditches, sewers,
water, heat, or pipelines, gas mains, flumes, or other structures outside of the limits of any
municipality which under the laws of this state, may be constructed, placed, or maintained
across or along any highway which is a part of the state highway system, by any person,
persons, corporation, limited liability company, or subdivision of the state, may be so maintained
or constructed only in accordance with such regulations as may be prescribed by the
department, which has power to prescribe and enforce reasonable rules and regulations with
reference to the placing and maintaining along, across, or on any such state highway any of the
utilities hereinbefore set forth. Nothing herein restricts the a

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Electric transmission, telephone or telegraph lines, pole lines, railways, ditches, sewers,
water, heat, or pipelines, gas mains, flumes, or other structures outside of the limits of any
municipality which under the laws of this state, may be constructed, placed, or maintained
across or along any highway which is a part of the state highway system, by any person,
persons, corporation, limited liability company, or subdivision of the state, may be so maintained
or constructed only in accordance with such regulations as may be prescribed by the
department, which has power to prescribe and enforce reasonable rules and regulations with
reference to the placing and maintaining along, across, or on any such state highway any of the
utilities hereinbefore set forth. Nothing herein restricts the action of public authorities in
extraordinary emergencies. Nothing in this chapter contained may be construed as modifying or
abridging the powers conferred upon the public service commission in title 49, the intent of this
section being that the powers hereby granted to the department may be exercised only in such
manner as not to conflict with valid exercise by the public service commission of the powers
granted to it.