North Dakota Code § 24-02-03.2

Director may protect roads from damage and negotiate settlement for
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damages.
Whenever federally financed construction or maintenance activities are likely to affect any 
public road within this state, the director is hereby authorized to take such action as may be 
necessary to protect such public road from any damages that may be caused, and to negotiate 
with any contractor or any officer or agency of the federal government for the repair of damage 
or extraordinary maintenance that may be required on such public road. If the public road 
affected is under the jurisdiction of any county, city, or township, the director shall obtain the 
concurrence of the appropriate governing board of such county, city, or township before any 
agreement is entered into or any other action is taken with respect to such public road.

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