Terms Used In North Dakota Code > Chapter 24-01 - State Highway System

• Abandonment: means cessation of use of right of way or activity thereon with no intention to reclaim or use again for highway purposes. See North Dakota Code 24-01-01.1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arterial highway: means a general term denoting a highway primarily for through traffic, usually on a continuous route. See North Dakota Code 24-01-01.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the public service commission of the state of North Dakota. See North Dakota Code 24-01-01.1
• Contract: A legal written agreement that becomes binding when signed.
• Controlled-access facility: means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. See North Dakota Code 24-01-01.1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County road system: means the system of secondary highways designated by the county officials, the responsibility for which is lodged with the counties. See North Dakota Code 24-01-01.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of transportation of this state as provided by section 24-02-01. See North Dakota Code 24-01-01.1
• Devise: To gift property by will.
• Director: means the director of the department of transportation of this state, acting directly or through authorized agents as provided in section 24-02-01. See North Dakota Code 24-01-01.1
• Divided highway: means a highway with separated roadways for traffic in opposite directions. See North Dakota Code 24-01-01.1
• Easement: means a right acquired by public authority to use or control property for a designated highway purpose. See North Dakota Code 24-01-01.1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Expressway: means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. See North Dakota Code 24-01-01.1
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Freeway: means an expressway with full control of access. See North Dakota Code 24-01-01.1
• Frontage street or road: means a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access. See North Dakota Code 24-01-01.1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade crossing: means the intersection of a public highway and of the track or tracks of any railroad, however operated, on the same plane or level, other than a street railway within the limits of a city. See North Dakota Code 24-01-01.1
• Intersection: means a general term denoting the area where two or more highways join or cross. See North Dakota Code 24-01-01.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Market value: means the highest price for which property can be sold in the open market by a willing seller to a willing purchaser, neither acting under compulsion and both exercising reasonable judgment. See North Dakota Code 24-01-01.1
• Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
• Person: means any person, firm, partnership, association, corporation, limited liability company, organization, or business trust. See North Dakota Code 24-01-01.1
• population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
• Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remainder: means the portion of a parcel retained by the owner after a part of such parcel has been acquired. See North Dakota Code 24-01-01.1
• Right of way: means a general term denoting land, property, or interest therein, acquired for or devoted to highway purposes and shall include, but not be limited to publicly owned and controlled rest and recreation areas, sanitary facilities reasonably necessary to accommodate the traveling public, and tracts of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to the state highway system. See North Dakota Code 24-01-01.1
• Roadside: means a general term denoting the area adjoining the outer edge of the roadway. See North Dakota Code 24-01-01.1
• Roadway: means in general, the portion of a highway, including shoulders, for vehicular use. See North Dakota Code 24-01-01.1
• Rule: includes regulation. See North Dakota Code 1-01-49
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• State highway system: means the system of state principal roads designated by the director of the department, the responsibility for which is lodged in the department. See North Dakota Code 24-01-01.1
• Summons: Another word for subpoena used by the criminal justice system.
• Traveled way: means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See North Dakota Code 24-01-01.1
• United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
• year: means twelve consecutive months. See North Dakota Code 1-01-33