North Dakota Code § 49-09-11

Compensation for another railroad's property - Determined according to law
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of eminent domain.
If railroad corporations cannot agree upon an adjustment and the amount of compensation 
to be paid for the purchase of necessary change of location and removal of any track previously 
laid, the same shall be ascertained and determined and the common, mutual, and separate 
rights shall be adjusted in the manner provided by law for the ascertainment and determination 
of damages for the taking of real property. The court may employ a competent engineer to 

define, locate, and plat the ground and assign to each corporation the part for the tracks and 
other conveniences for each and may require the removal or purchase of tracks previously laid 
so as justly to settle the rights of such corporation upon such ground, the damages to be paid 
being assessed in accordance with the law on eminent domain.

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