The following words and phrases when used in this title shall, for the purposes of this title, have the meanings respectively ascribed to them in this chapter:

Terms Used In North Dakota Code 24-01-01.1

  • Appraisal: A determination of property value.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    “Abandonment” means cessation of use of right of way or activity thereon with no intention to reclaim or use again for highway purposes.

2.    “Acquisition or taking” means the process of obtaining right of way.

3.    “Arterial highway” means a general term denoting a highway primarily for through traffic, usually on a continuous route.

4.    “Belt highway” means an arterial highway for carrying traffic partially or entirely around an urban area or portion thereof.

5.    “Capacity” means the ability of a roadway to accommodate traffic.

6.    “Commission” means the public service commission of the state of North Dakota.

7.    “Commissioner” means the director of the department of transportation of this state, acting directly or through authorized agents as provided in section 24-02-01.3.

    8.    “Consequential damages” means loss in value of a parcel, no portion of which is acquired, resulting from a highway improvement.

9.    “Controlled-access facility” means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason.

10.    “County road system” means the system of secondary highways designated by the county officials, the responsibility for which is lodged with the counties.

11.    “Department” means the department of transportation of this state as provided by section 24-02-01.1.

12.    “Direct compensation” means payment for land or interest in land and improvements actually acquired for highway purposes.

13.    “Director” means the director of the department of transportation of this state, acting directly or through authorized agents as provided in section 24-02-01.3.

14.    “Divided highway” means a highway with separated roadways for traffic in opposite directions.

15.    “Easement” means a right acquired by public authority to use or control property for a designated highway purpose.

16.    “Employee compensation” includes vacation and sick leave.

17.    “Expressway” means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections.

18.    “Fee simple” means an absolute estate or ownership in property including unlimited power of alienation, except as to any and all lands acquired or taken for highway, road, or street purposes. Where lands are taken for such purposes, “fee simple” shall not be deemed to include any oil, gas, or fluid mineral rights.

19.    “Freeway” means an expressway with full control of access.

20.    “Frontage street or road” means a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

21.    “Grade crossing” means the intersection of a public highway and of the track or tracks of any railroad, however operated, on the same plane or level, other than a street railway within the limits of a city.

22.    “Highway, street, or road” means a general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way. A highway in a rural area may be called a “road”, while a highway in an urban area may be called a “street”.

23.    “Intersection” means a general term denoting the area where two or more highways join or cross.

24.    “Interstate system” or “interstate highway system” means that part of the state highway system designated as the North Dakota portion of the national system of interstate and defense highways as provided for in Public Law 85-767 [23 U.S.C. 101 et seq.].

25.    “Local street or local road” means a street or road primarily for access to residence, business, or other abutting property.

26.    “Major street or major highway” means an arterial highway with intersections at grade and direct access to abutting property, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.

27.    “Market value” means the highest price for which property can be sold in the open market by a willing seller to a willing purchaser, neither acting under compulsion and both exercising reasonable judgment.

28.    “Median” means the portion of a divided highway separating the traveled ways for traffic in opposite directions.

29.    “Municipal corporation or municipality” means all cities organized under the laws of this state, but does not include any other political subdivisions.

30.    “Outer separation” means the portion of an arterial highway between the traveled ways of a roadway for through traffic and a frontage street or road.

31.    “Partial taking” means the acquisition of a parcel of property.

32.    “Person” means any person, firm, partnership, association, corporation, limited liability company, organization, or business trust.

33.    “Radial highway” means an arterial highway leading to or from an urban center.

34.    “Remainder” means the portion of a parcel retained by the owner after a part of such parcel has been acquired.

35.    “Remnant” means a remainder so small or irregular that it usually has little or no economic value to the owner.

36.    “Right of access” means the right of ingress to a highway from abutting land and egress from a highway to abutting land.

37.    “Right of survey entry” means the right to enter property temporarily to make surveys and investigations for proposed highway improvements.

38.    “Right of way” means a general term denoting land, property, or interest therein, acquired for or devoted to highway purposes and shall include, but not be limited to publicly owned and controlled rest and recreation areas, sanitary facilities reasonably necessary to accommodate the traveling public, and tracts of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to the state highway system.

39.    “Right-of-way appraisal” means a determination of the market value of property including damages, if any, as of a specified date, resulting from an analysis of facts.

40.    “Right-of-way estimate” means an approximation of the market value of property including damages, if any, in advance of an appraisal.

41.    “Roadside” means a general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

42.    “Roadway” means in general, the portion of a highway, including shoulders, for vehicular use. In construction specifications, the portion of a highway within limits of construction.

43.    “Severance damages” means loss in value of the remainder of a parcel resulting from an acquisition.

44.    “Shoulder” means the portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

45.    “State highway system” means the system of state principal roads designated by the director of the department, the responsibility for which is lodged in the department.

46.    “Through street or through highway” means every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highways and in obedience to either a stop sign or yield sign, when such signs are erected by law.

47.    “Traffic lane” means the portion of the traveled way for the movement of a single line of vehicles.

48.    “Traveled way” means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.