§ 49-11-17 — Railroad crossing over land owned on both sides by one person - Penalty for failure to provide

North Dakota § 49-11-17

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-11: Railroad Bridges, Crossings, Intersections, and Fences

Text

for failure to provide.
When any person owns land on both sides of any railroad and contiguous to the railway, the
corporation or individual owning or operating such railway shall make and keep in good repair a
proper cattle guard and causeway or other adequate means of crossing such railway at such
reasonable place as may be designated by the landowner or the landowner's agent, upon at
least ten days' written notice by the commission to the railroad corporation provided an
adequate crossing is not otherwise accessible. The type of all cattle guards required by law to
be constructed in this state before being installed shall be approved by the commission. The
owner or person in possession of the land through which the railroad passes may recover
twenty-five dollars for every thirty days of default on the part of the person or corporation
operating the railroad after at least a ten-day notice served on an officer, roadmaster, or section
foreman of the operating company has designated the place for the erection of the
cattle-guarded crossings or the road crossing, requested and a like penalty for failure to keep
such cattle guards or road crossings in good repair after at least a ten-day written notice has
been served upon the operating company that such repairs are necessary.