North Dakota Code 60-06-07 – Procedure in district court by applicant
Proceedings in district court shall be instituted and carried on as follows:
Terms Used In North Dakota Code 60-06-07
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
1. The corporation to which the application for the right to maintain and operate an elevator or warehouse on the railroad right of way is made shall present to and file with the district court a petition in writing and under oath specifying and describing:
a. The right, privilege, and easement sought and attained. b. The time for which the same was sought and attained.
c. The fact that the parties to the proceedings are unable to agree upon the amount of the compensation therefor.
2. A copy of the application for such privilege shall be attached to said petition and thereupon the court at once by its order in writing shall fix a place and a time, not more than twenty days thereafter, where and when the court will try such proceeding and determine the amount of such compensation.
3. A certified copy of this order shall be served at least fifteen days before the time so fixed upon the party who sought and attained the right, privilege, and easement, as a summons is served in a civil action in said court. Such service when made shall be ample notice to and summons for the party so served to appear and join in the proceedings and shall give the court full jurisdiction over the party against whom the proceedings are instituted and the property involved in the proceedings.