North Dakota § 49-09.1-01 Definitions

North Dakota Statutes

§ 49-09.1-01 — Definitions

North Dakota § 49-09.1-01

Title 49Public Utilities

Ch. 49-09.1Railroad Right of Way Crossings

This text of North Dakota § 49-09.1-01 (Definitions) 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 § 49-09.1-01 (2026).

Text

As used in this chapter:

1."Crossing" means the construction, operation, repair, or maintenance of a facility over, under, or across a railroad right of way by a utility. The term includes the construction, operation, repair, or maintenance of a facility that runs adjacent to and alongside the lines of a railroad for no more than one mile, or another distance agreed to by the parties, after which the facility crosses the railroad lines, terminates, or exits the railroad right of way. The term does not include longitudinal occupancy of a railroad right of way.

2."Facility" means any item of personal property placed over, across, or under a railroad right of way for use in connection with the storage or conveyance of:

a.Water;

b.Sewage;

c.Electronic, telephone, data, or telegraphic comm

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As used in this chapter:
1. "Crossing" means the construction, operation, repair, or maintenance of a facility over,
under, or across a railroad right of way by a utility. The term includes the construction,
operation, repair, or maintenance of a facility that runs adjacent to and alongside the
lines of a railroad for no more than one mile, or another distance agreed to by the
parties, after which the facility crosses the railroad lines, terminates, or exits the
railroad right of way. The term does not include longitudinal occupancy of a railroad
right of way.
2. "Facility" means any item of personal property placed over, across, or under a railroad
right of way for use in connection with the storage or conveyance of:
a. Water;
b. Sewage;
c. Electronic, telephone, data, or telegraphic communications;
d. Fiber optics;
e. Cablevision;
f. Electric energy;
g. Liquid hydrocarbons;
h. Gas;
i. Hazardous liquids; or
j. Other substances, including pipes, sewers, conduits, cables, valves, lines, wires,
manholes, or attachments.
3. "Railroad" means any association or corporation or other entity engaged in operating a
common carrier by rail or any other entity responsible for the management of
crossings or collection of crossing fees.
4. "Special circumstances" includes the railroad crossing's relationship to other property,
location of the crossing in urban or other developed areas, the existence of unique
topography or natural resources, or other dangers inherent in the particular crossing.
5. "Utility" means cooperative electric association, electric utility, public utility,
transmission company, gas utility, municipal utility, municipal power agency,
municipality, joint action agency, pipeline company, rural water system, or telephone,
telegraph, telecommunications, cable, or fiber optic carrier. The term includes
contractors and agents.