North Dakota Code § 57-05-02

Right of way not used for railroad purposes to be surveyed
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Where any railroad allows any portion of its roadway to be used for any purpose other than 
the operation of a railroad thereon, and the part so used is located on lands which can be 
described only by metes and bounds, the county auditor of the county in which such lands are 
located, or the state tax commissioner, may request such railroad company, in writing, to survey 
and plat such lands and file such plat with the county auditor. If the railroad company fails to 
cause such plat and survey to be made and filed within thirty days after such request, the 
county auditor or tax commissioner shall cause the said survey to be made and such land 
platted, and the expense thereof must be paid by such railroad company, and if not paid the 
same must be added to the tax against such lands and collected as other real estate taxes are 
collected.

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