§ 24-03-23 — Encroachments on state highways

North Dakota § 24-03-23

• Jurisdiction: North Dakota
• Title 24: Highways, Bridges, and Ferries
• Ch. 24-03: Construction and Maintenance of State Highway System

Text

No part of the right of way for state highways may be encroached upon by erection thereon
of any structure, or placing thereon any personal property, other than a temporary parking of a
motor vehicle, without a written permit from the director. Any encroachment may be caused to
be removed, obliterated, or corrected by order of the director and the total cost thereof must be
paid by the person responsible for the encroachment. Property other than motor vehicles left
upon highway right of way for a period exceeding seventy-two hours, the ownership of which
cannot be determined after reasonable effort has been made to do so, must be deemed
abandoned and may be removed from the right of way and stored at the nearest site available
for thirty days and if it is not claimed by the owner during such period, and the cost of removal
and storage paid, it may be disposed of in the manner prescribed by the director. Abandoned
motor vehicles are subject to the provisions of chapter 23.1-15. If such property is disposed of it
must, except as otherwise provided by this section, be sold or disposed of in the manner
provided in chapter 23.1-15. The receipts therefrom must be deposited in the state treasury as
provided in section 1 of article IX of the Constitution of North Dakota and credited to the
common schools trust fund unless a commercial towing service lawfully disposes of the
abandoned vehicle.