49-09 Acquiring and Transferring Utility Property
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<![CDATA[CHAPTER 49-09ACQUIRING AND TRANSFERRING UTILITY PROPERTY49-09-01. Right of way through state lands - Conditions. Every railroad corporationduly organized under the laws of any state or territory, or of the United States, and authorized to<br>build and operate a railroad within this state, which shall have filed with the secretary of state a<br>copy of its articles of incorporation, properly certified, shall have the right to take, hold, and use<br>for the purposes of a railroad a strip of land one hundred feet [30.48 meters] wide, fifty feet [15.24<br>meters] on each side of the centerline of such railroad, through each and every tract of public<br>land owned or held by the state across which its road shall be located or constructed. When it<br>shall be necessary to protect such railroad from snow, or to use extra width in its construction,<br>such corporation shall have the right to take, hold, and use a strip of land not exceeding two<br>hundred feet [60.96 meters] in width, one hundred feet [30.48 meters] on each side of such<br>centerline, through such public lands. At all its regular stations established upon such land, such<br>company shall have the right to take a strip of land one thousand six hundred feet [487.68<br>meters] long and three hundred feet [91.44 meters] wide for station purposes.49-09-02. School lands to be taken at appraised value. Whenever any school or statelands are taken for railway purposes as provided in section 49-09-01, the railway corporation<br>taking such lands shall pay to the state treasurer the appraised value thereof but in no case any<br>sum less than ten dollars per acre [.40 hectare] for all such lands so taken.49-09-03. How right of way obtained from board of university and school lands.Any railway company desiring to secure the benefits of section 49-09-01, within ninety days after<br>the definite location of its road across any section of such lands, shall file in the office of the<br>board of university and school lands a plat of such section of land, showing the location of such<br>road through the same and all stations located thereon. Thereafter all such lands over which<br>such roads shall pass shall be disposed of subject to such grant and every certificate or patent<br>for such lands thereafter sold shall contain an express reservation to the use of such corporation<br>of all lands which it shall have appropriated in accordance with the provisions of this chapter. If<br>such road shall not be completed across any such section within five years after the location of<br>the same thereon, the rights herein granted shall be forfeited as to such section.49-09-04. When right of way reverts to state. If any railway corporation appropriatingany public lands by virtue of section 49-09-01 at any time shall abandon the use thereof for<br>railway purposes for a period of one year, the same shall revert to the state.49-09-04.1. Abandonment of railway lines - Public service commission authority -Trust agreement - Term - Reversion of property. Repealed by S.L. 1997, ch. 284, </p>
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