N.D. Cent. Code § 60-06-06.1 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-06.1
60-06-06.1. Determination - Expenses
Status: in_force

60-06-06.1. Determination - Expenses

Any party may petition the commissioner to determine rights governed under this chapter.

The commissioner shall determine the matter in accordance with chapter 28-32 and the parties'

rights of appeal are as limited by chapter 28-32. The value of a leaseholder's improvements

may not be considered in determining a reasonable lease rate or selling price. The parties to

such a proceeding shall pay the expenses of the proceeding, as determined by the

commissioner, directly to the entities owed. The commissioner may adopt rules to carry out this

section.
N.D. Cent. Code § 60-01-20 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-20
60-01-20. Care of animals by depositary
Status: in_force

60-01-20. Care of animals by depositary

A depositary of living animals must provide them with suitable food and shelter and must

treat them kindly.
N.D. Cent. Code § 60-01-34 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-34
60-01-34. Finder - Depositary for hire - Assumption of ownership by finder
Status: in_force

60-01-34. Finder - Depositary for hire - Assumption of ownership by finder

One who finds a thing lost is not bound to take charge of it but, if the person does so, the

person is thenceforward a depositary for the owner with the rights and obligations of a

depositary for hire. Notwithstanding chapters 36-22 and 47-30.2 or any other provision of law,

an individual who finds lost personal property or money and places the property or money in the

custody of a law enforcement agency is entitled to assume ownership of the property or money

if the property or money is not claimed by its owner within two years after the property or money

was placed in the custody of the law enforcement agency.
N.D. Cent. Code § 60-01-36 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-36
60-01-36. Finder may require proof of ownership
Status: in_force

60-01-36. Finder may require proof of ownership

The finder of a thing, before giving it up, may require in good faith, reasonable proof of

ownership from any person claiming it.
N.D. Cent. Code § 60-01-23 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-23
60-01-23. Sale of deposit by depositary - When permissible
Status: in_force

60-01-23. Sale of deposit by depositary - When permissible

If a thing deposited is in actual danger of perishing before instructions can be obtained from

the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as

a deposit, giving immediate notice of these proceedings to the depositor.
N.D. Cent. Code § 60-06-12 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-12
60-06-12. Appeal from judgment
Status: in_force

60-06-12. Appeal from judgment

Within thirty days after the entry of judgment an appeal may be taken by either party to the

supreme court. Such appeal shall not stay nor hinder the use or enjoyment to the fullest extent

of the right, privilege, and easement asked for by the petition or conferred by the judgment, if

the party instituting the proceedings shall make and file a bond with sureties, to be approved by

the court, in an amount double the gross sum or annual rental, conditioned to pay such sum or

rental and to abide and satisfy any judgment the supreme court may render in the premises.
N.D. Cent. Code § 60-01-09 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-09
60-01-09. Duties of gratuitous depositary - Termination of duties
Status: in_force

60-01-09. Duties of gratuitous depositary - Termination of duties

The duties of a gratuitous depositary cease:

1. Upon the depositary restoring the thing deposited to its owner; or

2. Upon the depositary giving reasonable notice to the owner to remove it and the owner

failing to do so within a reasonable time. An involuntary depositary under subsection 2

of section 60-01-03 cannot give such notice until the emergency that gave rise to the

deposit has passed.
N.D. Cent. Code § 60-01-02 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-02
60-01-02. Voluntary deposit - Depositor - Depositary - Definitions
Status: in_force

60-01-02. Voluntary deposit - Depositor - Depositary - Definitions

A voluntary deposit is one which is made by one person giving to another with that person's

consent the possession of personal property to keep for the benefit of the former or of a third

person. The person giving is called the depositor and the person receiving the depositary.
N.D. Cent. Code § 60-06-02 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-02
60-06-02. Public warehouse on railroad right of way - Application - Contents
Status: in_force

60-06-02. Public warehouse on railroad right of way - Application - Contents

A written application by a person, firm, corporation, or limited liability company desirous of

erecting and operating a public warehouse on a railroad right of way shall contain the following

provisions:

1. A description of that portion of the right of way of said railroad on which said person,

firm, corporation, or limited liability company desires to erect a warehouse or elevator.

2. The size and capacity of the warehouse or elevator proposed to be erected.

3. The time for which it is desired to maintain said warehouse or elevator.

4. The amount the applicant deems a reasonable compensation for the right, privilege,

and easement the applicant desires to acquire.
N.D. Cent. Code § 60-01-42 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-42
60-01-42. Things abandoned by owner
Status: in_force

60-01-42. Things abandoned by owner

The provisions of this chapter have no application to things which intentionally have been

abandoned by their owner.
N.D. Cent. Code § 60-06-10 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-10
60-06-10. Judgment - What it shall contain
Status: in_force

60-06-10. Judgment - What it shall contain

After election is made as provided in section 60-06-09, judgment shall be rendered

adjudging among other things that upon payment of the gross sum found or the annual rental

found yearly in advance, as the case may be, the party in whose favor said judgment is

rendered shall be entitled to a writ of execution in proper form to invest such party immediately

with the right, privilege, and easement of the applicant.
N.D. Cent. Code § 60-01-32 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-32
60-01-32. Character of liability - Limitations
Status: in_force

60-01-32. Character of liability - Limitations

The liability of the keeper of a hotel for the loss of or injury to personal property placed by

hotel guests under the keeper's care, other than that described in sections 60-01-29 through

60-01-31, shall be that of a depositary for hire. Such liability, in no case, shall exceed the sum of

one hundred fifty dollars for each trunk and its contents, ten dollars for each box, bundle, or

package and its contents, and fifty dollars for all other miscellaneous effects, including wearing

apparel and personal belongings, unless the hotelkeeper has consented in writing with such

guest to assume a greater liability. If the loss or injury is caused by a fire not intentionally

produced by the hotelkeeper or the hotelkeeper's servants, the hotelkeeper is not liable.
N.D. Cent. Code § 60-01-33 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-33
60-01-33. Baggage left at hotel or forwarded to hotel - Liability of hotelkeeper
Status: in_force

60-01-33. Baggage left at hotel or forwarded to hotel - Liability of hotelkeeper

Whenever a person allows the person's baggage or property to remain in a hotel after

leaving the hotel as a guest, and after the relation of hotelkeeper and guest has ceased, or

whenever a person forwards the person's baggage to a hotel before becoming a guest thereof,

and the same is received in such hotel, the hotelkeeper may hold such baggage or property at

the risk of the owner.
N.D. Cent. Code § 60-01-35 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-35
60-01-35. Finder must notify owner
Status: in_force

60-01-35. Finder must notify owner

If the finder of a thing knows or suspects who is the owner, the finder must give such owner

notice of the finding with reasonable diligence. If the finder fails to do so, the finder is liable in

damages to the owner and has no claim to any reward offered by the owner for the recovery of

the thing nor to any compensation for the finder's trouble or expenses.
N.D. Cent. Code § 60-01-38 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-38
60-01-38. Storing releases finder from liability
Status: in_force

60-01-38. Storing releases finder from liability

The finder of a thing may exonerate the finder from liability at any time by placing it on

storage with any responsible person of good character at a reasonable expense.
N.D. Cent. Code § 60-01-31 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-31
60-01-31. Duties of guest and hotelkeeper
Status: in_force

60-01-31. Duties of guest and hotelkeeper

Every guest, and everyone intending to be a guest, of any hotel, upon delivering any of the

person's baggage or other article of property to the proprietor of the hotel, or to the proprietor's

servants, for safekeeping elsewhere than in the room assigned to the guest, shall demand a

check or receipt for such property to evidence the fact of such delivery, and the proprietor shall

give such check or receipt. A hotel proprietor shall not be liable for the loss or injury to such

baggage or other article of property of the hotel guest unless the same actually has been

delivered by such guest to the hotel proprietor or to the proprietor's servants for safekeeping, or

unless the loss or injury occurred through the negligence of the hotel proprietor or of the

proprietor's servants or employees.
N.D. Cent. Code § 60-01-37 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-37
60-01-37. Compensation and reward to finder
Status: in_force

60-01-37. Compensation and reward to finder

The finder of a thing is entitled to compensation for all expenses necessarily incurred by the

finder in its preservation and for any other services necessarily performed by the finder about it

and to a reasonable reward for keeping it.
N.D. Cent. Code § 60-01-29 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-29
60-01-29. Hotelkeeper's liability for loss or injury to guest's property
Status: in_force

60-01-29. Hotelkeeper's liability for loss or injury to guest's property

No hotelkeeper who constantly has in the hotelkeeper's inn or hotel a metal safe or suitable

vault in good order and fit for the custody of money, bank notes, jewelry, articles of gold and

silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets,

negotiable or valuable papers and bullion, and who keeps on the doors of the sleeping rooms

used by guests suitable locks or bolts, and on the transoms and windows of said rooms suitable

fastenings, and who keeps a copy of this section printed in distinct type constantly posted in not

less than ten conspicuous places in said hotel or inn, shall be liable for loss or injury suffered by

any guest, unless such guest has offered to deliver the same to such innkeeper or hotelkeeper

for custody in such metal safe or vault, and such innkeeper or hotelkeeper has omitted or

refused to take it and deposit it in such safe or vault for custody and to give such guest a receipt

therefor. The keeper of any inn or hotel shall not be obliged to receive from any one guest for

deposit in such safe or vault any property hereinbefore described exceeding the total value of

three hundred dollars and shall not be liable for any excess for such property, whether received

or not.
N.D. Cent. Code § 60-01-25 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-25
60-01-25. Measure of liability of depositary for negligence
Status: in_force

60-01-25. Measure of liability of depositary for negligence

The liability of a depositary for negligence cannot exceed the amount which the depositor

informs the depositary, or which the depositary has reason to suppose, the thing deposited is

worth.
N.D. Cent. Code § 60-06-14 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-14
60-06-14. Erection of warehouses after judgment
Status: in_force

60-06-14. Erection of warehouses after judgment

Any person, firm, corporation, or limited liability company taking advantage of the provisions

of this chapter, within sixty days after the amount to be paid for the easement acquired

thereunder finally is determined, by agreement or by proceedings in court, shall commence the

erection of the warehouse or elevator stated in the application referred to in section 60-06-02

and shall complete the same within ninety days thereafter. In case of failure to comply with the

provisions of this section, such person, firm, corporation, or limited liability company shall be

deemed to have abandoned the right, privilege, and easement acquired, and the part or portion

of the railroad right of way described in the application shall be subject to selection by other

applicants who may desire to avail themselves of the provisions of this chapter.
N.D. Cent. Code § 60-01-40 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-40
60-01-40. Manner of sale
Status: in_force

60-01-40. Manner of sale

A sale under the provisions of section 60-01-39 must be made as the sale of a thing

pledged is made.
N.D. Cent. Code § 60-06-07 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-07
60-06-07. Procedure in district court by applicant
Status: in_force

60-06-07. Procedure in district court by applicant

Proceedings in district court shall be instituted and carried on as follows:

1. The corporation to which the application for the right to maintain and operate an

elevator or warehouse on the railroad right of way is made shall present to and file with

the district court a petition in writing and under oath specifying and describing:

a. The right, privilege, and easement sought and attained.

b. The time for which the same was sought and attained.

c. The fact that the parties to the proceedings are unable to agree upon the amount

of the compensation therefor.

2. A copy of the application for such privilege shall be attached to said petition and

thereupon the court at once by its order in writing shall fix a place and a time, not more

than twenty days thereafter, where and when the court will try such proceeding and

determine the amount of such compensation.

3. A certified copy of this order shall be served at least fifteen days before the time so

fixed upon the party who sought and attained the right, privilege, and easement, as a

summons is served in a civil action in said court. Such service when made shall be

ample notice to and summons for the party so served to appear and join in the

proceedings and shall give the court full jurisdiction over the party against whom the

proceedings are instituted and the property involved in the proceedings.
N.D. Cent. Code § 60-06-09 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-09
60-06-09. Election of gross sum or annual rental
Status: in_force

60-06-09. Election of gross sum or annual rental

The court or jury, as the case may be, shall find and assess compensation both in the form

of an annual rental and in the form of a gross sum for the right, privilege, and easement sought.

Immediately after the finding or verdict has been made, the party against whom the proceedings

have been taken shall elect whether to receive the annual rental or the gross sum found. In

case such election is not made by such party, then the other party to the proceedings may make

such election.
N.D. Cent. Code § 60-06-13 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-13
60-06-13. Costs and disbursements of actions
Status: in_force

60-06-13. Costs and disbursements of actions

Costs and disbursements shall be paid by the unsuccessful party in each court as in civil

actions. If the finding of the court or jury is for a less, or the same, amount as was tendered by

the applicant before the owner of the railway at such station or siding instituted the proceedings,

then the applicant shall be deemed the successful party. If the amount found is larger than the

sum tendered, then the owner of the railway at such station or siding shall be deemed to be the

successful party.
N.D. Cent. Code § 60-01-15 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-15
60-01-15. Place of delivery
Status: in_force

60-01-15. Place of delivery

A depositary must deliver the thing deposited at the depositary's residence or place of

business as may be most convenient for the depositary.
N.D. Cent. Code § 60-01-27 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-27
60-01-27. Termination of deposit by payment for full time
Status: in_force

60-01-27. Termination of deposit by payment for full time

Notwithstanding an agreement respecting the length of time during which a deposit is to

continue, it may be terminated by the depositor on paying all that would become due to the

depositary in case the deposit continued for such length of time.
N.D. Cent. Code § 60-01-21 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-21
60-01-21. Deposit - Permission to use
Status: in_force

60-01-21. Deposit - Permission to use

A depositary may not use the thing deposited nor permit it to be used for any purpose

without the consent of the depositor. The depositary may not open it, if it purposely is fastened

by the depositor, without the consent of the latter except in case of necessity.
N.D. Cent. Code § 60-01-17 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-17
60-01-17. Notice of wrongful detention
Status: in_force

60-01-17. Notice of wrongful detention

A depositary who believes that a thing deposited with the depositary is detained wrongfully

from its true owner may give the true owner notice of the deposit. If within a reasonable time

afterward the true owner does not claim it and sufficiently establish the true owner's right thereto

and indemnify the depositary against the claim of the depositor, the depositary is exonerated

from liability to the person to whom the depositary gave the notice, upon returning the thing to

the depositor, or assuming in good faith a new obligation changing the depositary's position in

respect to the thing to the depositary's prejudice.
N.D. Cent. Code § 60-01-26 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-26
60-01-26. When deposit may be terminated
Status: in_force

60-01-26. When deposit may be terminated

In the absence of an agreement as to the length of time during which a deposit is to

continue, it may be terminated by the depositor at any time and by the depositary upon

reasonable notice.
N.D. Cent. Code § 60-01-07 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-07
60-01-07. Involuntary deposit - Gratuitous
Status: in_force

60-01-07. Involuntary deposit - Gratuitous

An involuntary deposit is gratuitous, the depositary being entitled to no reward.
N.D. Cent. Code § 60-01-01 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-01
60-01-01. Deposit - Classification
Status: in_force

60-01-01. Deposit - Classification

A deposit may be voluntary or involuntary and may be made for safekeeping or for

exchange.
N.D. Cent. Code § 60-01-19 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-19
60-01-19. Indemnity to depositary for damages
Status: in_force

60-01-19. Indemnity to depositary for damages

A depositor must indemnify the depositary:

1. For all damage caused to the depositary by the defects or vices of the thing deposited.

2. For all expenses necessarily incurred by the depositary about the thing other than

such as are involved in the nature of the undertaking.
N.D. Cent. Code § 60-01-08 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-08
60-01-08. Care required by gratuitous depositary
Status: in_force

60-01-08. Care required by gratuitous depositary

A gratuitous depositary must use at least slight care for the preservation of the thing

deposited.
N.D. Cent. Code § 60-01-14 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-14
60-01-14. Demand - Prerequisite to delivery
Status: in_force

60-01-14. Demand - Prerequisite to delivery

A depositary is not bound to deliver a thing deposited without demand even when the

deposit is made for a specified time.
N.D. Cent. Code § 60-01-12 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-12
60-01-12. Depositary for hire - Right to compensation
Status: in_force

60-01-12. Depositary for hire - Right to compensation

In the absence of a different agreement or usage, a depositary for hire is entitled to one

week's hire for the sustenance and shelter of living animals during any fraction of a week and to

half a month's hire for the storage of any other property during any fraction of a half month.
N.D. Cent. Code § 60-06-04 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-04
60-06-04. Compensation for right, privilege, and easement - Notice to applicant
Status: in_force

60-06-04. Compensation for right, privilege, and easement - Notice to applicant

In case the sum tendered under section 60-06-03 is not accepted and the parties cannot

agree upon the amount to pay for such right, privilege, and easement, the same shall be

ascertained, assessed, and determined by proceedings in the district court of the county in

which the station or siding at which the right, privilege, and easement sought is situated. Such

court at all times shall be deemed open and in session for the purposes of this chapter. Any

person, firm, corporation, or limited liability company to whom application is made for the right to

erect and maintain an elevator or warehouse under the provisions of this chapter, within ten

days after the receipt of the application, shall notify the applicant in writing of the acceptance or

rejection of the amount offered as compensation for the right, privilege, and easement sought to

be acquired. Failure to notify the applicant within such time shall be deemed an acceptance of

said amount but whether it is accepted or not, the applicant for the site shall be deemed to have

acquired the right, privilege, and easement asked for.
N.D. Cent. Code § 60-06-05 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-05
60-06-05. Sidetracks to be provided
Status: in_force

60-06-05. Sidetracks to be provided

Every railroad company or corporation organized under the laws of this state or doing

business in this state, upon application in writing, shall provide reasonable sidetrack facilities

and running connections between its main track and elevators and warehouses upon or

contiguous to its right of way at such stations. Every such railroad corporation shall permit

connections to be made and maintained in a reasonable manner with its sidetracks to and from

any warehouse or elevator without reference to its size, cost, or capacity, if grain or potatoes are

or may be stored. The railroad company is not required to construct or furnish any sidetracks

except upon its own land or right of way. Such elevators and warehouses may not be

constructed within one hundred feet [30.48 meters] of any existing structure and must be at safe

fire distance from the station buildings so as not to conflict essentially with the safe and

convenient operation of the road. If stations are ten miles [16.09 kilometers] or more apart the

railroad company, if required so to do by the commissioner, shall construct and maintain a

sidetrack for the use of shippers between such stations.
N.D. Cent. Code § 60-01-10 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-10
60-01-10. Storage - Definition - Depositary for hire - Definition
Status: in_force

60-01-10. Storage - Definition - Depositary for hire - Definition

Storage shall mean a deposit which is not gratuitous. The depositary in such case shall be

called a depositary for hire.
N.D. Cent. Code § 60-06-11 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-11
60-06-11. Forfeiture of right, privilege, and easement by applicant
Status: in_force

60-06-11. Forfeiture of right, privilege, and easement by applicant

In case the annual rental method of payment is elected, the same shall be paid yearly in

advance, and if not so paid, after a default of thirty days, the right, privilege, and easement shall

be forfeited absolutely.
N.D. Cent. Code § 60-01-11 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-11
60-01-11. Depositary for hire must use ordinary care
Status: in_force

60-01-11. Depositary for hire must use ordinary care

A depositary for hire must use at least ordinary care for the preservation of the thing

deposited.
N.D. Cent. Code § 60-01-16 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-16
60-01-16. Prompt notice of adverse claims - Given by depositary
Status: in_force

60-01-16. Prompt notice of adverse claims - Given by depositary

A depositary must give prompt notice, to the person for whose benefit the deposit was

made, of any proceedings taken adversely to the person's interest in the thing deposited which

may tend to excuse the depositary from delivering the same to the person.
N.D. Cent. Code § 60-01-18 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-18
60-01-18. Delivery to disagreeing owners by depositary
Status: in_force

60-01-18. Delivery to disagreeing owners by depositary

If a thing deposited is owned jointly or in common by persons who cannot agree upon the

manner of its delivery, the depositary may deliver to each the person's proper share thereof, if it

can be done without injury to the thing.
N.D. Cent. Code § 60-01-04 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-04
60-01-04. Deposit for safekeeping - Definition
Status: in_force

60-01-04. Deposit for safekeeping - Definition

A deposit for safekeeping is one in which the depositary is bound to return the identical

thing deposited.
N.D. Cent. Code § 60-01-13 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-13
60-01-13. Delivery on demand - Exceptions
Status: in_force

60-01-13. Delivery on demand - Exceptions

A depositary, on demand, must deliver the thing to the person for whose benefit it was

deposited, whether the deposit was made for a specified time or not, unless the depositary has

a lien upon the thing deposited or has been forbidden or prevented from doing so by the real

owner thereof or by an act of the law, and has given notice as required by section 60-01-16.
N.D. Cent. Code § 60-06-03 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-03
60-06-03. When applicant is entitled to erect public warehouse
Status: in_force

60-06-03. When applicant is entitled to erect public warehouse

Upon the payment or tender of money which the applicant deems reasonable compensation

for the right, privilege, and easement to erect a public warehouse on a railroad right of way, the

applicant immediately shall be entitled to erect, absolutely and unconditionally, the applicant's

warehouse or elevator on such right of way for the time specified in the application made by the

applicant and shall become invested immediately with the said right, privilege, and easement.

The person, firm, corporation, or limited liability company owning, leasing, or operating said

railway at such station or siding immediately shall render the applicant the same service the

applicant would be entitled to had the said person, firm, corporation, or limited liability company

sold or leased said site to the applicant.
N.D. Cent. Code § 60-01-22 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-22
60-01-22. Damages for wrongful use of deposit
Status: in_force

60-01-22. Damages for wrongful use of deposit

If a thing deposited with a depositary is damaged by the wrongful use thereof by the

depositary, the depositary is liable for such damage unless such damage inevitably must have

happened though the property had not been used in that manner.
N.D. Cent. Code § 60-06-01 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-01
60-06-01. Who may make application for warehouse or elevator on railroad right of way
Status: in_force

60-06-01. Who may make application for warehouse or elevator on railroad right of

way.

Any person, firm, corporation, or limited liability company desirous of erecting and operating

at or contiguous to any railroad station or siding a warehouse or elevator for the purchase, sale,

shipment, or storage of grain or potatoes for the public for hire, may make application in writing

to the person, firm, corporation, or limited liability company owning, leasing, or operating the

railway at such station or siding for the right, privilege, and easement of erecting and

maintaining a public warehouse.
N.D. Cent. Code § 60-06-06 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-06
60-06-06. Penalty for violation of applicant's rights
Status: repealed

60-06-06. Penalty for violation of applicant's rights

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 60-06-15 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-15
60-06-15. Application to existing leaseholds
Status: in_force

60-06-15. Application to existing leaseholds

The provisions of this chapter apply to the renewal or sale of existing leaseholds on railroad

rights of way, and to existing leaseholds on lands that have ceased to be used for railroad rights

of way after the leasehold was first created, and so long thereafter as the lease site remains

under the ownership or control of the railroad or an entity that was or is under common

ownership or control of the railroad. The value of a leaseholder's improvements may not be

considered in determining annual rental or the gross sum for the right, privilege, and easement

sought.
N.D. Cent. Code § 60-01-41 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-41
60-01-41. Claim against owner exonerated by surrender to finder
Status: in_force

60-01-41. Claim against owner exonerated by surrender to finder

The owner of a thing found may exonerate the owner from the claims of the finder by

surrendering it to the finder in satisfaction thereof.
N.D. Cent. Code § 60-01-03 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-03
60-01-03. Involuntary deposits - Definition - Obligation of depositary
Status: in_force

60-01-03. Involuntary deposits - Definition - Obligation of depositary

An involuntary deposit is made:

1. By the accidental leaving or placing of personal property in the possession of any

person without negligence on the part of its owner; or

2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary

emergencies, by the owner of personal property committing it out of necessity to the

care of any person.

The person with whom a thing is so deposited is bound to take charge of it if able to do so.
N.D. Cent. Code § 60-01-01.1 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-01.1
60-01-01.1. Definition
Status: in_force

60-01-01.1. Definition

For purposes of this title, "commissioner" means the agriculture commissioner.
N.D. Cent. Code § 60-01-43 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-43
60-01-43. Deposit for exchange - Transfer of title
Status: in_force

60-01-43. Deposit for exchange - Transfer of title

A deposit for exchange transfers to the depositary the title to the thing deposited and merely

creates between the depositary and the depositor the relation of debtor and creditor.
N.D. Cent. Code § 60-06-08 — ND Code / Title 60 / Chapter 60-06 / Section 60-06-08
60-06-08. Procedure on trial
Status: in_force

60-06-08. Procedure on trial

At the time and place fixed for determining the compensation for an applicant's right,

privilege, and easement, the court shall proceed immediately to try said matter, without a jury, if

the parties consent. If they do not consent and if the time and place fixed for said hearing is at a

general or special term of said court where a petit jury has been summoned, the court shall

proceed to a hearing of such matter with a jury. In case said proceedings are made returnable at

any time other than at a term where a petit jury shall have been summoned, the court shall

make an order requiring the selection of twenty-four jurors. Such jury shall be drawn and

selected in the manner provided by law for the drawing of jurors for general terms of the district

court. From the jurors so returned, a jury shall be selected the same as in civil actions and the

trial shall proceed after the manner of trials in civil actions.
N.D. Cent. Code § 60-01-28 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-28
60-01-28. Sale of unclaimed and perishable property
Status: in_force

60-01-28. Sale of unclaimed and perishable property

The provisions of sections 8-03-09 and 8-03-10 relating to the sale of unclaimed and

perishable property shall apply to hotelkeepers and warehousemen.
N.D. Cent. Code § 60-01-06 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-06
60-01-06. Gratuitous deposit - Definition
Status: in_force

60-01-06. Gratuitous deposit - Definition

A gratuitous deposit is a deposit for which the depositary receives no consideration beyond

the mere possession of the thing deposited.
N.D. Cent. Code § 60-01-30 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-30
60-01-30. Special arrangement between hotelkeeper and guest
Status: in_force

60-01-30. Special arrangement between hotelkeeper and guest

A hotelkeeper by a special arrangement with a guest may receive for deposit in a safe or

vault of the character mentioned in section 60-01-29 any property upon such terms as such

keeper and guest may agree to in writing, but every hotelkeeper shall be liable for any loss of

the articles enumerated in section 60-01-29 of a guest in the hotel after said articles have been

accepted for deposit, if such loss is caused by theft or negligence of the hotelkeeper or any of

the hotelkeeper's servants.
N.D. Cent. Code § 60-01-24 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-24
60-01-24. Presumption of willfulness or gross negligence
Status: in_force

60-01-24. Presumption of willfulness or gross negligence

If a thing is lost or injured during its deposit and the depositary refuses to inform the

depositor of the circumstances under which the loss or injury occurred so far as the depositary

has information concerning them, or if the depositary willfully misrepresents the circumstances

to the depositor, the depositary is presumed to have permitted the loss or injury to occur willfully

or by gross negligence.
N.D. Cent. Code § 60-01-39 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-39
60-01-39. When finder may sell
Status: in_force

60-01-39. When finder may sell

The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when

the owner, with reasonable diligence, cannot be found, or, being found, refuses upon demand to

pay the lawful charges of the finder in the following cases:

1. When the thing is in danger of perishing or of losing the greater part of its value; or

2. When the lawful charges of the finder amount to two-thirds of its value.
N.D. Cent. Code § 60-01-05 — ND Code / Title 60 / Chapter 60-01 / Section 60-01-05
60-01-05. Deposit for exchange - Definition
Status: in_force

60-01-05. Deposit for exchange - Definition

A deposit for exchange is one in which the depositary is bound only to return a thing

corresponding in kind to that which is deposited.