North Dakota § 49-09.1-09 Operational relocation

North Dakota Statutes

§ 49-09.1-09 — Operational relocation

North Dakota § 49-09.1-09

Title 49Public Utilities

Ch. 49-09.1Railroad Right of Way Crossings

This text of North Dakota § 49-09.1-09 (Operational relocation) 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 § 49-09.1-09 (2026).

Text

1.A railroad may require a utility to relocate a facility if the railroad determines relocation is essential to accommodate railroad operations, and the relocation is not arbitrary or unreasonable. Before agreeing to the relocation, a utility may require a railroad to provide a statement and supporting documentation identifying the operational necessity for requesting the relocation. A utility shall perform the relocation within a reasonable period of time following the agreement.

2.The relocation must be to a location mutually agreed upon by the railroad and utility, within the railroad right of way.

3.Relocation is at the expense of the utility. The crossing fee under section 49-09.1-05 may not be imposed for relocation.

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1. A railroad may require a utility to relocate a facility if the railroad determines relocation
is essential to accommodate railroad operations, and the relocation is not arbitrary or
unreasonable. Before agreeing to the relocation, a utility may require a railroad to
provide a statement and supporting documentation identifying the operational
necessity for requesting the relocation. A utility shall perform the relocation within a
reasonable period of time following the agreement.
2. The relocation must be to a location mutually agreed upon by the railroad and utility,
within the railroad right of way.
3. Relocation is at the expense of the utility. The crossing fee under section 49-09.1-05
may not be imposed for relocation.