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.

Terms Used In North Dakota Code 49-09.1-09

  • 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

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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