1.    A utility may assign or otherwise transfer any rights to cross a railroad right of way to any financially responsible entity controlled by, controlling, or under common control of the utility or to any entity into or with which the utility is merged or consolidated or which acquires ownership or control of all or substantially all of the transmission assets of the utility.

Terms Used In North Dakota Code 49-09.1-11

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

2.    Notice of the assignment or transfer must be given to the railroad within thirty days.

Any other transfer or assignment may not take place without the written permission of the railroad, which permission may not be unreasonably withheld.