North Dakota Code § 24-07-37

Limitations on designation of minimum maintenance roads
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A road is not eligible for designation as a minimum maintenance road if federal highway aid 
to this state would be reduced as a result of that designation. A road is not eligible for that 
designation if additional right of way or easement by eminent domain is required for constructing 
or designating the road as a minimum maintenance road, unless the consent of the landowner 
is given or the designation is necessary for drainage or public safety.

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