North Dakota Code § 40-34-10

Franchise granted to holder of sheriff's deed to operate property - Contents
Open in Lexace · Ask the AI about this section
of franchise.
If after the issuance of a sheriff's deed as provided in section 40 -34-09, it shall be made to 
appear to the public service commission that it is in the public interest that such utility and 

improvement be continued in operation, such commission may grant a franchise to the owners 
of such utility and improvement to engage in such business and to operate such improvement 
and utility. Such franchise may:
1. Authorize such owner or owners to charge each person, firm, corporation, or limited 
liability company owning property from which sewage or garbage is received such fee 
therefor as may be determined to be reasonable by such commission upon proper 
application and after notice to the municipality affected and a hearing upon such 
application;
2. Grant to such owner or owners, under such reasonable rules, regulations, and 
supervision as may be established by such commission, the right and privilege to lay 
all intercepting and other sewers and connecting pipes in the public streets and alleys 
of the municipality or municipalities as may be necessary to receive and conduct the 
sewage to the disposal plant; and
3. Provide for an accounting from time to time of the gross revenues of the utility or 
improvement and the application of the net revenues as determined by such 
commission upon the original secured indebtedness to the end that the holder of such 
franchise will use the net revenues as determined by such commission to discharge 
the original secured debt, together with all interest, costs, and other charges which the 
commission shall determine shall be paid.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.