North Dakota § 49-09-04.2 Abandoned railroad right of way - Sale - Priority of purchasers

North Dakota Statutes

§ 49-09-04.2 — Abandoned railroad right of way - Sale - Priority of purchasers

North Dakota § 49-09-04.2

Title 49Public Utilities

Ch. 49-09Acquiring and Transferring Utility Property

This text of North Dakota § 49-09-04.2 (Abandoned railroad right of way - Sale - Priority of purchasers) 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 § 49-09-04.2 (2026).

Text

1.When service is discontinued on any railroad right of way in the state and the property is offered for sale, lease, exchange, or other disposal by the railroad or an affiliated entity, the property must first be offered to the following persons in the order of priority as follows:

a.The present owner or operator-lessee of fixed assets located on the property;

b.A person owning land contiguous to the right of way on opposite sides of the right of way;

c.A person presenting a reasonable plan for public recreational use of the abandoned property which includes the continuation of current private and public crossings; and

d.The adjoining landowner if the adjoining land, at the time of abandonment, is assessed for tax purposes as agricultural land.

2.The railroad company shall provide

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1. When service is discontinued on any railroad right of way in the state and the property
is offered for sale, lease, exchange, or other disposal by the railroad or an affiliated
entity, the property must first be offered to the following persons in the order of priority
as follows:
a. The present owner or operator-lessee of fixed assets located on the property;
b. A person owning land contiguous to the right of way on opposite sides of the right
of way;
c. A person presenting a reasonable plan for public recreational use of the
abandoned property which includes the continuation of current private and public
crossings; and

d. The adjoining landowner if the adjoining land, at the time of abandonment, is
assessed for tax purposes as agricultural land.
2. The railroad company shall provide written notice to present owners and
operator-lessees of fixed assets located on the property and shall publish notice of its
intent to dispose of railroad right of way in two consecutive issues of the official county
newspaper in each county in which the property is located. A railroad company is not
required to give a priority party an option to purchase the property unless the party
provides a written statement of interest to purchase the property within thirty days after
final publication of notice of the railroad company's intent to dispose of the property.
The sale price of abandoned railroad property must be equitable.
3. When abandoned railroad right of way is offered for wildlife programs or projects, the
proposed acquisitions must first be approved by the board of county commissioners of
the county or counties in which the right of way is located under section 20.1-02-17.1 if
offered to the state game and fish department or under section 20.1-02-18.1 if offered
to the United States department of the interior.
4. If a railroad complies with subsections 1 and 2 and five years have passed since
abandonment or since service was discontinued, the railroad may deed the right of
way to the county in which the right of way is located upon the acceptance of the
county.