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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Each carrier or other entity intending to acquire, lease, or transfer an operating railroad right of way shall file a notice of intent to do so with the commission, if any of the following applies:
a. The acquisition or lease would be by a party that is not a railroad carrier and would be of rail property that would be operated by a third party.
b. The operation would be by a new carrier and of rail property acquired or leased by a third party.
c. There would be a change of operators on the line.
2. The notice required under subsection 1 must designate the complete private or corporate identity of the acquiring or leasing party, the complete identity of the divesting carrier, and a thorough description of the line involved. The notice must include financial information as to the acquiring or leasing entity. These documents are confidential and may not be divulged by the commission to any party.
3. An acquiring, leasing, or divesting carrier shall attend conferences with the commission on reasonable notice, and shall respond to all questions and requests for information which are reasonably related, or may lead to information reasonably related, to the issue of whether the proposed transaction is consistent with law.
Cite this article: FindLaw.com - North Dakota Century Code Title 49. Public Utilities § 49-09-10.2. Identification of right of way to be acquired, leased, or transferred - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-49-public-utilities/nd-cent-code-sect-49-09-10-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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