§ 49-04.1-02 — Civil action allowed

North Dakota § 49-04.1-02

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-04.1: Actions for Bypassing, Tampering or Unauthorized Metering

Text

1. A utility may bring a civil action for damages against any person who commits,
authorizes, solicits, aids, abets, or attempts any of the following acts which results in
loss to the utility:
a. Bypassing.
b. Tampering.
c. Unauthorized metering.
2. A utility may bring a civil action for damages pursuant to this section against any
person who knowingly receives utility service through means of bypassing, tampering,
or unauthorized metering.
3. In any civil action brought pursuant to this section, the utility is entitled, upon proof of
willful or intentional bypassing, tampering, or unauthorized metering, to recover one
thousand dollars or three times the amount of the actual loss, whichever is greater,
caused by the bypassing, tampering, or unauthorized metering, plus all reasonable
expenses and costs incurred on account of the bypassing, tampering, or unauthorized
metering. Reasonable expenses and costs include expenses and costs for
investigation, disconnection, reconnection, service calls, employees and equipment,
expert witnesses, costs of the suit, and reasonable attorneys' fees.