Operational relocation
N.D. Cent. Code § 49-09.1-09
in effect49-09.1-09. Operational relocation
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c09-1.pdf#nameddest=49-09p1-09Fetched: 10/16/2026
