North Dakota Code § 40-39-04

Vacation of streets and alleys where sewers, water mains, pipes, and lines
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located - Conditions.
No public grounds, streets, alleys, or parts thereof over, under, or through which have been 
constructed, lengthwise, any sewers, water mains, gas, or other pipes, or telephone, electric, or 
cable television lines, of the municipality or the municipality's grantees of the right of way 
therefor, may be vacated unless the sewers, mains, pipes, or lines have been abandoned and 
are not in use, or unless the grantee consents thereto, or unless perpetual easements for the 
maintenance of the sewers, water mains, gas, or other pipes, or telephone, electric, or cable 
television lines have been given. Any vacation of areas within which are located electric 
facilities, whether underground or aboveground, is subject to the continued right of location of 
such electric facilities in the vacated areas.

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