The North Dakota Pipeline Right of Way Agreement is a legal document that outlines the terms and conditions for granting permission to oil and gas companies to construct and operate pipelines on private and public lands within the state of North Dakota. This agreement ensures that both parties — the pipeline company and the landowner or governing body — are protected and have a clear understanding of their rights and obligations. In North Dakota, there are several types of Pipeline Right of Way Agreements, each with its specific purpose and terms. Some common types include: 1. Permanent Right of Way Agreement: This agreement grants a pipeline company permanent access to traverse a specific parcel of land for the purpose of pipeline construction, operation, and maintenance. The company typically compensates the landowner for the use of their land. 2. Temporary Right of Way Agreement: This agreement allows a pipeline company temporary access to the land for a specific period, typically during the construction phase. The landowner is compensated for the temporary use, and the agreement specifies the duration and conditions for restoration after construction is complete. 3. Easement Agreement: An easement agreement grants the pipeline company the right to use a specific portion of the land for pipeline purposes. It involves a more limited scope compared to a permanent right of way agreement, often restricted to underground operations. 4. Surface Use Agreement: This agreement applies when the pipeline project requires surface disturbance or activities beyond the scope of the right of way. It specifies the terms for accessing the surface, including construction staging areas, lay down yards, and temporary access roads. Compensation and restoration obligations are usually outlined in this agreement. 5. Crossing Agreement: A crossing agreement provides the pipeline company with permission to cross another pre-existing pipeline, roadway, railway, watercourse, or any other infrastructure. It outlines the specifications, safety measures, and any compensation related to the crossing. These various types of Pipeline Right of Way Agreements serve to ensure clarity, fairness, and protection for both the landowners and the pipeline companies involved in North Dakota's oil and gas industry. Landowners are compensated for the use of their land, while the agreements establish the rules and responsibilities related to pipeline construction, operation, and maintenance.
North Dakota Pipeline Right of Way Agreement
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Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.
In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional section lines are considered public roads open ...