Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway system must be allowed to remain within one thousand feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided, however, that the owners of the junkyards which are not effectively screened shall take all the steps ordered by the commissioner to effectively screen them. When ordered by the director to screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully reimbursed for the costs expended pursuant to the director’s order and design. Should the director determine that the effective screening of any junkyard could best be done by state forces or by an independent contractor, the director may use state forces or may let a contract for the screening in the same manner that contracts are let pursuant to this title for construction and reconstruction of the state highway system and the director has the right to enter upon private property for the purpose of screening said junkyards without liability on the director’s part.

Terms Used In North Dakota Code 24-16-04

  • 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. See North Dakota Code 24-01-01.1
  • Contract: A legal written agreement that becomes binding when signed.
  • 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. See North Dakota Code 24-01-01.1
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • 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. See North Dakota Code 24-01-01.1
  • 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
  • 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. See North Dakota Code 24-01-01.1
  • Traveled way: means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See North Dakota Code 24-01-01.1
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