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Statutes > North-dakota > T24 > T24c16

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CHAPTER 24-16ESTABLISHMENT OF JUNKYARDS ADJACENT TO HIGHWAYS24-16-01. Legislative intent. The legislative assembly declares that the establishment,use, and maintenance of junkyards in areas adjacent to the state highway system should be<br>controlled to protect the public health, welfare, and morals; conserve the public investment in<br>such highways; promote the safety and recreational value of public highways; and preserve<br>natural beauty.24-16-02. Definitions.1.&quot;Automobile graveyard&quot; means any establishment or place of business or location<br>that is maintained, used, or operated for storing, keeping, buying, or selling wrecked,<br>scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or<br>machinery of all types.2.&quot;Commissioner&quot; means the director of the department of transportation or authorized<br>agents as provided by section 24-02-01.3.3.&quot;Highway&quot; means any highway as defined in subsection 22 of section 24-01-01.1.4.&quot;Junk&quot; means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash,<br>rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts<br>thereof or iron, steel, and other old or scrap ferrous or nonferrous material.5.&quot;Junkyard&quot; means a business establishment or a place which is maintained,<br>operated, or used for placing, storing, keeping, buying, or selling junk, or for the<br>maintenance, use, or operation of an automobile graveyard and the term includes<br>garbage dumps and sanitary fills.24-16-03. Establishment of junkyards and automobile graveyards - Limitation. Nojunkyards, automobile graveyards, or scrap metal processing facilities may be established and<br>maintained within one thousand feet [304.8 meters] of the nearest edge of the right of way of a<br>highway on the state highway system unless permission has been granted by the director.<br>Junkyards established in violation of this chapter are hereby declared to be a public nuisance and<br>the director may enter upon private property for the purpose of abating such nuisances without<br>liability for such action.24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement.Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened by<br>natural objects, plantings, fences, or other appropriate means so as not to be visible from the<br>main traveled way of the state highway system must be allowed to remain within one thousand<br>feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided,<br>however, that the owners of the junkyards which are not effectively screened shall take all the<br>steps ordered by the commissioner to effectively screen them. When ordered by the director to<br>screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully<br>reimbursed for the costs expended pursuant to the director's order and design.Should thedirector determine that the effective screening of any junkyard could best be done by state forces<br>or by an independent contractor, the director may use state forces or may let a contract for the<br>screening in the same manner that contracts are let pursuant to this title for construction and<br>reconstruction of the state highway system and the director has the right to enter upon private<br>property for the purpose of screening said junkyards without liability on the director's part.24-16-05.Order to remove junkyard.The director may order the removal of anyjunkyards which cannot be effectively screened within the meaning of this chapter or any<br>junkyard which in the judgment of the director does not subserve the legislative intent as<br>specified in section 24-16-01.Page No. 124-16-06. Time limitation for removal. Any junkyard which is within one thousand feet[304.8 meters] of the nearest edge of the right of way and visible from any highway of the state<br>highway system which was lawfully in existence on December 3, 1965, may be maintained in<br>existence until December 3, 1970, unless required to be removed prior thereto by order of the<br>director.24-16-07. Compensation for removal. Owners of junkyards lawfully in existence onDecember 3, 1965, which are required to be removed prior to December 3, 1970, by order of the<br>director pursuant to this chapter, must be paid just compensation for the reasonable damages, if<br>any, suffered by reason of such removal between the date of removal and December 3, 1970.<br>Just compensation does not include any relocation or removal costs as specified in section<br>32-15-22.1; however, costs of removal may be determined to be an element of compensation<br>within the meaning of this chapter.24-16-08. Acquisition of lands. The director may, if the director deems it necessary tocarry out the intent of this chapter, acquire lands used as junkyards by gift, purchase, exchange,<br>or condemnation in fee simple, or such lesser interest as the director deems necessary, and in<br>the acquisition of said lands by condemnation, the director shall use the procedure used for<br>acquiring right of way for the improvement, construction, reconstruction, widening, altering,<br>changing, locating, relocating, aligning, realigning, or maintaining a state highway.24-16-09. Director to enforce rules. The director may adopt and enforce rules for themaintenance of and establishment of junkyards consistent with the national policy set forth in<br>23 U.S.C. 136 and the national standards promulgated thereunder by the secretary of<br>transportation.24-16-10. Administrative order retroactive. The administrative order promulgated onDecember 3, 1965, by the director prohibiting the establishment of junkyards within one thousand<br>feet [304.8 meters] from the nearest edge of the right of way along highways on the state<br>highway system unless the director's permission is obtained is hereby enacted into law with full<br>force and effect of law, from its issuance on December 3, 1965, the same as if said order was<br>enacted into law by the legislative assembly to take effect as of that date.24-16-11.Certain junkyards allowed.Notwithstanding any other provision of thischapter, junkyards, automobile graveyards, and scrap metal processing facilities may be<br>operated within areas adjacent to highways which are within one thousand feet [304.8 meters] of<br>the nearest edge of the right of way and which are zoned under the authority of state law or<br>which are not zoned under the authority of state law, but are used for industrial activities as<br>determined by the director.24-16-12. Penalty. Any person who permits a junkyard, as defined in section 24-16-02,to be established on the person's property in violation of this chapter is guilty of a class A<br>misdemeanor.Page No. 2Document Outlinechapter 24-16 establishment of junkyards adjacent to highways

State Codes and Statutes

Statutes > North-dakota > T24 > T24c16

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CHAPTER 24-16ESTABLISHMENT OF JUNKYARDS ADJACENT TO HIGHWAYS24-16-01. Legislative intent. The legislative assembly declares that the establishment,use, and maintenance of junkyards in areas adjacent to the state highway system should be<br>controlled to protect the public health, welfare, and morals; conserve the public investment in<br>such highways; promote the safety and recreational value of public highways; and preserve<br>natural beauty.24-16-02. Definitions.1.&quot;Automobile graveyard&quot; means any establishment or place of business or location<br>that is maintained, used, or operated for storing, keeping, buying, or selling wrecked,<br>scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or<br>machinery of all types.2.&quot;Commissioner&quot; means the director of the department of transportation or authorized<br>agents as provided by section 24-02-01.3.3.&quot;Highway&quot; means any highway as defined in subsection 22 of section 24-01-01.1.4.&quot;Junk&quot; means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash,<br>rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts<br>thereof or iron, steel, and other old or scrap ferrous or nonferrous material.5.&quot;Junkyard&quot; means a business establishment or a place which is maintained,<br>operated, or used for placing, storing, keeping, buying, or selling junk, or for the<br>maintenance, use, or operation of an automobile graveyard and the term includes<br>garbage dumps and sanitary fills.24-16-03. Establishment of junkyards and automobile graveyards - Limitation. Nojunkyards, automobile graveyards, or scrap metal processing facilities may be established and<br>maintained within one thousand feet [304.8 meters] of the nearest edge of the right of way of a<br>highway on the state highway system unless permission has been granted by the director.<br>Junkyards established in violation of this chapter are hereby declared to be a public nuisance and<br>the director may enter upon private property for the purpose of abating such nuisances without<br>liability for such action.24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement.Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened by<br>natural objects, plantings, fences, or other appropriate means so as not to be visible from the<br>main traveled way of the state highway system must be allowed to remain within one thousand<br>feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided,<br>however, that the owners of the junkyards which are not effectively screened shall take all the<br>steps ordered by the commissioner to effectively screen them. When ordered by the director to<br>screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully<br>reimbursed for the costs expended pursuant to the director's order and design.Should thedirector determine that the effective screening of any junkyard could best be done by state forces<br>or by an independent contractor, the director may use state forces or may let a contract for the<br>screening in the same manner that contracts are let pursuant to this title for construction and<br>reconstruction of the state highway system and the director has the right to enter upon private<br>property for the purpose of screening said junkyards without liability on the director's part.24-16-05.Order to remove junkyard.The director may order the removal of anyjunkyards which cannot be effectively screened within the meaning of this chapter or any<br>junkyard which in the judgment of the director does not subserve the legislative intent as<br>specified in section 24-16-01.Page No. 124-16-06. Time limitation for removal. Any junkyard which is within one thousand feet[304.8 meters] of the nearest edge of the right of way and visible from any highway of the state<br>highway system which was lawfully in existence on December 3, 1965, may be maintained in<br>existence until December 3, 1970, unless required to be removed prior thereto by order of the<br>director.24-16-07. Compensation for removal. Owners of junkyards lawfully in existence onDecember 3, 1965, which are required to be removed prior to December 3, 1970, by order of the<br>director pursuant to this chapter, must be paid just compensation for the reasonable damages, if<br>any, suffered by reason of such removal between the date of removal and December 3, 1970.<br>Just compensation does not include any relocation or removal costs as specified in section<br>32-15-22.1; however, costs of removal may be determined to be an element of compensation<br>within the meaning of this chapter.24-16-08. Acquisition of lands. The director may, if the director deems it necessary tocarry out the intent of this chapter, acquire lands used as junkyards by gift, purchase, exchange,<br>or condemnation in fee simple, or such lesser interest as the director deems necessary, and in<br>the acquisition of said lands by condemnation, the director shall use the procedure used for<br>acquiring right of way for the improvement, construction, reconstruction, widening, altering,<br>changing, locating, relocating, aligning, realigning, or maintaining a state highway.24-16-09. Director to enforce rules. The director may adopt and enforce rules for themaintenance of and establishment of junkyards consistent with the national policy set forth in<br>23 U.S.C. 136 and the national standards promulgated thereunder by the secretary of<br>transportation.24-16-10. Administrative order retroactive. The administrative order promulgated onDecember 3, 1965, by the director prohibiting the establishment of junkyards within one thousand<br>feet [304.8 meters] from the nearest edge of the right of way along highways on the state<br>highway system unless the director's permission is obtained is hereby enacted into law with full<br>force and effect of law, from its issuance on December 3, 1965, the same as if said order was<br>enacted into law by the legislative assembly to take effect as of that date.24-16-11.Certain junkyards allowed.Notwithstanding any other provision of thischapter, junkyards, automobile graveyards, and scrap metal processing facilities may be<br>operated within areas adjacent to highways which are within one thousand feet [304.8 meters] of<br>the nearest edge of the right of way and which are zoned under the authority of state law or<br>which are not zoned under the authority of state law, but are used for industrial activities as<br>determined by the director.24-16-12. Penalty. Any person who permits a junkyard, as defined in section 24-16-02,to be established on the person's property in violation of this chapter is guilty of a class A<br>misdemeanor.Page No. 2Document Outlinechapter 24-16 establishment of junkyards adjacent to highways

State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T24 > T24c16

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CHAPTER 24-16ESTABLISHMENT OF JUNKYARDS ADJACENT TO HIGHWAYS24-16-01. Legislative intent. The legislative assembly declares that the establishment,use, and maintenance of junkyards in areas adjacent to the state highway system should be<br>controlled to protect the public health, welfare, and morals; conserve the public investment in<br>such highways; promote the safety and recreational value of public highways; and preserve<br>natural beauty.24-16-02. Definitions.1.&quot;Automobile graveyard&quot; means any establishment or place of business or location<br>that is maintained, used, or operated for storing, keeping, buying, or selling wrecked,<br>scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or<br>machinery of all types.2.&quot;Commissioner&quot; means the director of the department of transportation or authorized<br>agents as provided by section 24-02-01.3.3.&quot;Highway&quot; means any highway as defined in subsection 22 of section 24-01-01.1.4.&quot;Junk&quot; means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash,<br>rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts<br>thereof or iron, steel, and other old or scrap ferrous or nonferrous material.5.&quot;Junkyard&quot; means a business establishment or a place which is maintained,<br>operated, or used for placing, storing, keeping, buying, or selling junk, or for the<br>maintenance, use, or operation of an automobile graveyard and the term includes<br>garbage dumps and sanitary fills.24-16-03. Establishment of junkyards and automobile graveyards - Limitation. Nojunkyards, automobile graveyards, or scrap metal processing facilities may be established and<br>maintained within one thousand feet [304.8 meters] of the nearest edge of the right of way of a<br>highway on the state highway system unless permission has been granted by the director.<br>Junkyards established in violation of this chapter are hereby declared to be a public nuisance and<br>the director may enter upon private property for the purpose of abating such nuisances without<br>liability for such action.24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement.Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened by<br>natural objects, plantings, fences, or other appropriate means so as not to be visible from the<br>main traveled way of the state highway system must be allowed to remain within one thousand<br>feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided,<br>however, that the owners of the junkyards which are not effectively screened shall take all the<br>steps ordered by the commissioner to effectively screen them. When ordered by the director to<br>screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully<br>reimbursed for the costs expended pursuant to the director's order and design.Should thedirector determine that the effective screening of any junkyard could best be done by state forces<br>or by an independent contractor, the director may use state forces or may let a contract for the<br>screening in the same manner that contracts are let pursuant to this title for construction and<br>reconstruction of the state highway system and the director has the right to enter upon private<br>property for the purpose of screening said junkyards without liability on the director's part.24-16-05.Order to remove junkyard.The director may order the removal of anyjunkyards which cannot be effectively screened within the meaning of this chapter or any<br>junkyard which in the judgment of the director does not subserve the legislative intent as<br>specified in section 24-16-01.Page No. 124-16-06. Time limitation for removal. Any junkyard which is within one thousand feet[304.8 meters] of the nearest edge of the right of way and visible from any highway of the state<br>highway system which was lawfully in existence on December 3, 1965, may be maintained in<br>existence until December 3, 1970, unless required to be removed prior thereto by order of the<br>director.24-16-07. Compensation for removal. Owners of junkyards lawfully in existence onDecember 3, 1965, which are required to be removed prior to December 3, 1970, by order of the<br>director pursuant to this chapter, must be paid just compensation for the reasonable damages, if<br>any, suffered by reason of such removal between the date of removal and December 3, 1970.<br>Just compensation does not include any relocation or removal costs as specified in section<br>32-15-22.1; however, costs of removal may be determined to be an element of compensation<br>within the meaning of this chapter.24-16-08. Acquisition of lands. The director may, if the director deems it necessary tocarry out the intent of this chapter, acquire lands used as junkyards by gift, purchase, exchange,<br>or condemnation in fee simple, or such lesser interest as the director deems necessary, and in<br>the acquisition of said lands by condemnation, the director shall use the procedure used for<br>acquiring right of way for the improvement, construction, reconstruction, widening, altering,<br>changing, locating, relocating, aligning, realigning, or maintaining a state highway.24-16-09. Director to enforce rules. The director may adopt and enforce rules for themaintenance of and establishment of junkyards consistent with the national policy set forth in<br>23 U.S.C. 136 and the national standards promulgated thereunder by the secretary of<br>transportation.24-16-10. Administrative order retroactive. The administrative order promulgated onDecember 3, 1965, by the director prohibiting the establishment of junkyards within one thousand<br>feet [304.8 meters] from the nearest edge of the right of way along highways on the state<br>highway system unless the director's permission is obtained is hereby enacted into law with full<br>force and effect of law, from its issuance on December 3, 1965, the same as if said order was<br>enacted into law by the legislative assembly to take effect as of that date.24-16-11.Certain junkyards allowed.Notwithstanding any other provision of thischapter, junkyards, automobile graveyards, and scrap metal processing facilities may be<br>operated within areas adjacent to highways which are within one thousand feet [304.8 meters] of<br>the nearest edge of the right of way and which are zoned under the authority of state law or<br>which are not zoned under the authority of state law, but are used for industrial activities as<br>determined by the director.24-16-12. Penalty. Any person who permits a junkyard, as defined in section 24-16-02,to be established on the person's property in violation of this chapter is guilty of a class A<br>misdemeanor.Page No. 2Document Outlinechapter 24-16 establishment of junkyards adjacent to highways