North Dakota Code § 49-02-05.1

Power to fix terms by which the facilities of one utility may cross those of
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another utility.
Whenever public convenience and necessity requires that an electric or telecommunications 
distribution or transmission line, pipeline, or railroad track of any public utility cross a line or 
track of another public utility and the public utilities have failed to agree upon the terms and 
conditions or compensation for the same, the commission, after notice and hearing, may 
prescribe reasonable terms, conditions, and compensation under which the crossing shall be 
permitted.

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