North Dakota § 49-06-04 Fair market price to be allowed in fixing valuations

North Dakota Statutes

§ 49-06-04 — Fair market price to be allowed in fixing valuations

North Dakota § 49-06-04

Title 49Public Utilities

Ch. 49-06Valuation of Public Utility Property

This text of North Dakota § 49-06-04 (Fair market price to be allowed in fixing valuations) 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 § 49-06-04 (2026).

Text

The commission, in determining the rates to be charged by any utility under its jurisdiction,
shall ascertain whether an advanced or fictitious cost price, or a price in excess of the fair
market value of any commodity, machinery, equipment, material, or service has been paid or is
being paid or charged, by the public utility. If it shall appear that any such fictitious or advanced
price has been or is being paid or charged, the commission shall fix and allow as a part of the
valuation or rate basis only the reasonable and fair market price of such items, at the time of the
purchase, eliminating all such fictitious or excessive prices or values.

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The commission, in determining the rates to be charged by any utility under its jurisdiction,
shall ascertain whether an advanced or fictitious cost price, or a price in excess of the fair
market value of any commodity, machinery, equipment, material, or service has been paid or is
being paid or charged, by the public utility. If it shall appear that any such fictitious or advanced
price has been or is being paid or charged, the commission shall fix and allow as a part of the
valuation or rate basis only the reasonable and fair market price of such items, at the time of the
purchase, eliminating all such fictitious or excessive prices or values.