North Dakota § 24-09-08.1 Department of transportation to apportion cost - Exception

North Dakota Statutes

§ 24-09-08.1 — Department of transportation to apportion cost - Exception

North Dakota § 24-09-08.1

Title 24Highways, Bridges, and Ferries

Ch. 24-09Railroad Crossings

This text of North Dakota § 24-09-08.1 (Department of transportation to apportion cost - Exception) 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 § 24-09-08.1 (2026).

Text

In order to promote public safety at intersections of railroad lines and all classes of
highways, the department shall apportion the cost of automatic grade crossing protection
devices in accordance with this section. In the event that the commission in accordance with the
provisions of section 24-09-08 orders that any grade crossing must be protected by automatic
grade crossing protection devices, the commission shall in its order apportion the cost thereof
between the railroad interested, the political subdivision having jurisdiction of the highway
involved, and the state of North Dakota. Such cost must be apportioned to such parties or to
any one or more of such parties on the basis of the benefit derived respectively by highway
users and the railroad from the installation of such cross

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In order to promote public safety at intersections of railroad lines and all classes of
highways, the department shall apportion the cost of automatic grade crossing protection
devices in accordance with this section. In the event that the commission in accordance with the
provisions of section 24-09-08 orders that any grade crossing must be protected by automatic
grade crossing protection devices, the commission shall in its order apportion the cost thereof
between the railroad interested, the political subdivision having jurisdiction of the highway
involved, and the state of North Dakota. Such cost must be apportioned to such parties or to
any one or more of such parties on the basis of the benefit derived respectively by highway
users and the railroad from the installation of such crossing protection device. For the purpose
of this section, the cost attributable to the benefit of the highway users must be apportioned to
the state of North Dakota or to the political subdivision having jurisdiction of the highway
involved or to both of such parties. The cost apportioned to the state of North Dakota must be
paid out of the highway fund in the state treasury, provided that not more than one hundred
thousand dollars may be expended for this purpose in any one biennium.