North Dakota § 49-09-04.3 Abandoned railway lines - Removal of abandoned materials - Charge by city, county, or state

North Dakota Statutes

§ 49-09-04.3 — Abandoned railway lines - Removal of abandoned materials - Charge by city, county, or state

North Dakota § 49-09-04.3

Title 49Public Utilities

Ch. 49-09Acquiring and Transferring Utility Property

This text of North Dakota § 49-09-04.3 (Abandoned railway lines - Removal of abandoned materials - Charge by city, county, or state) 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 § 49-09-04.3 (2026).

Text

city, county, or state.
Unless otherwise allowed by the commission, any railroad corporation abandoning the use
of any railway line in this state shall remove and clear all rail, ties, materials, supplies, and
debris from the railway line and leave the surface in a condition easily traversable by a motor
vehicle, and shall control noxious weeds on the railway line right of way within a reasonable
time. On request of a city or county in which there is an abandoned line, the commission shall
require the railroad corporation, as to railway line right of way in that city or county, within a
reasonable time, to take the action required by this section. On request of any state agency
having an interest in any property abutting an abandoned railway line right of way, the
commission shall require 

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city, county, or state.
Unless otherwise allowed by the commission, any railroad corporation abandoning the use
of any railway line in this state shall remove and clear all rail, ties, materials, supplies, and
debris from the railway line and leave the surface in a condition easily traversable by a motor
vehicle, and shall control noxious weeds on the railway line right of way within a reasonable
time. On request of a city or county in which there is an abandoned line, the commission shall
require the railroad corporation, as to railway line right of way in that city or county, within a
reasonable time, to take the action required by this section. On request of any state agency
having an interest in any property abutting an abandoned railway line right of way, the
commission shall require the railroad corporation, as to that railway line right of way, within a
reasonable time, to take the action required by this section. The commission shall take all action
necessary and appropriate, including the adoption of rules under chapter 28-32, to enforce this
section. If a railroad corporation fails to take action required by this section, the requesting entity
may do the work on the parts of the abandoned railway line right of way under that entity's
jurisdiction. A county may do the work on the parts of the abandoned railway line right of way in
the county, regardless of whether those parts are inside city limits. The entity doing the work
may charge the railroad corporation the reasonable expense of doing the work. If the charges
remain unpaid after ninety days, the entity may certify to the county auditor the amount of the
charges imposed under this section. These charges become part of the taxes levied against the
land for the ensuing year and must be collected in the same manner as other real estate taxes
and placed to the credit of the jurisdiction entitled to the charges. The taxpayer's right to appeal
the assessment is governed by chapter 57-23.