North Dakota Code § 24-09-11

Overhead and underground railroad crossings may be required
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The commission may require any railroad to construct and maintain overhead or 
underground crossings and separate grades when in its opinion the interest and safety of the 
public require, and may apportion the costs therefor in such manner as the commission deems 
proper, and no overhead or underground crossing, nor separation of grades, may be made 
except upon petition therefor to the commission and with the commission's approval.

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