North Dakota § 49-09.1-04 Commencement of construction across railroad right of way

North Dakota Statutes

§ 49-09.1-04 — Commencement of construction across railroad right of way

North Dakota § 49-09.1-04

Title 49Public Utilities

Ch. 49-09.1Railroad Right of Way Crossings

This text of North Dakota § 49-09.1-04 (Commencement of construction across railroad right of way) 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 § 49-09.1-04 (2026).

Text

Thirty-five days after the receipt by the railroad of the completed crossing application,
crossing fee, and certificate of insurance, the utility may commence the construction of the
crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious
threat to the safe operations of the railroad or to the current use of the railroad right of way. In all
other instances, the utility is deemed to have authorization to commence construction of the
facility.

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Thirty-five days after the receipt by the railroad of the completed crossing application,
crossing fee, and certificate of insurance, the utility may commence the construction of the
crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious
threat to the safe operations of the railroad or to the current use of the railroad right of way. In all
other instances, the utility is deemed to have authorization to commence construction of the
facility.