North Dakota Code § 49-11-18

Construction of railroad - Crossing highway or waterway
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Subject to the provisions of section 49-11-03, a railroad corporation shall have the power to:
1. Construct its railroad across, along, or up any stream of water, watercourse, street, 
highway, riverfront, steamboat, or other public landing, or canal which its route shall 
intersect or touch.
2. Carry any highway or street which it shall touch, intersect, or cross, over or under its 
track, as may be most expedient for the public good.
3. Change the course or direction of any highway or street when made necessary or 
desirable to secure more easy ascent or descent by reason of any embankment or cut 
made in the construction of the railroad and to take land necessary therefor, if such 
highway or road is not so changed from its original course more than six rods [30.18 
meters] nor its distance thereby lengthened more than five rods [25.15 meters].

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