North Dakota § 49-09-10.2 Identification of right of way to be acquired, leased, or transferred

North Dakota Statutes

§ 49-09-10.2 — Identification of right of way to be acquired, leased, or transferred

North Dakota § 49-09-10.2

Title 49Public Utilities

Ch. 49-09Acquiring and Transferring Utility Property

This text of North Dakota § 49-09-10.2 (Identification of right of way to be acquired, leased, or transferred) 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 § 49-09-10.2 (2026).

Text

1.Each carrier or other entity intending to acquire, lease, or transfer an operating railroad right of way shall file a notice of intent to do so with the commission, if any of the following applies:

a.The acquisition or lease would be by a party that is not a railroad carrier and would be of rail property that would be operated by a third party.

b.The operation would be by a new carrier and of rail property acquired or leased by a third party.

c.There would be a change of operators on the line.

2.The notice required under subsection 1 must designate the complete private or corporate identity of the acquiring or leasing party, the complete identity of the divesting carrier, and a thorough description of the line involved. The notice must include financial information as to the acquiri

Free access — add to your briefcase to read the full text and ask questions with AI

1. Each carrier or other entity intending to acquire, lease, or transfer an operating railroad
right of way shall file a notice of intent to do so with the commission, if any of the
following applies:
a. The acquisition or lease would be by a party that is not a railroad carrier and
would be of rail property that would be operated by a third party.
b. The operation would be by a new carrier and of rail property acquired or leased
by a third party.
c. There would be a change of operators on the line.
2. The notice required under subsection 1 must designate the complete private or
corporate identity of the acquiring or leasing party, the complete identity of the
divesting carrier, and a thorough description of the line involved. The notice must
include financial information as to the acquiring or leasing entity. These documents are
confidential and may not be divulged by the commission to any party.
3. An acquiring, leasing, or divesting carrier shall attend conferences with the
commission on reasonable notice, and shall respond to all questions and requests for
information which are reasonably related, or may lead to information reasonably
related, to the issue of whether the proposed transaction is consistent with law.