24-16 Establishment of Junkyards Adjacent to Highways - North Dakota Statutes

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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
controlled to protect the public health, welfare, and morals; conserve the public investment in
such highways; promote the safety and recreational value of public highways; and preserve
natural beauty.24-16-02. Definitions.1."Automobile graveyard" means any establishment or place of business or location
that is maintained, used, or operated for storing, keeping, buying, or selling wrecked,
scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or
machinery of all types.2."Commissioner" means the director of the department of transportation or authorized
agents as provided by section 24-02-01.3.3."Highway" means any highway as defined in subsection 22 of section 24-01-01.1.4."Junk" means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts
thereof or iron, steel, and other old or scrap ferrous or nonferrous material.5."Junkyard" means a business establishment or a place which is maintained,
operated, or used for placing, storing, keeping, buying, or selling junk, or for the
maintenance, use, or operation of an automobile graveyard and the term includes
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
maintained within one thousand feet [304.8 meters] of the nearest edge of the right of way of a
highway on the state highway system unless permission has been granted by the director.
Junkyards established in violation of this chapter are hereby declared to be a public nuisance and
the director may enter upon private property for the purpose of abating such nuisances without
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
natural objects, plantings, fences, or other appropriate means so as not to be visible from the
main traveled way of the state highway system must be allowed to remain within one thousand
feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided,
however, that the owners of the junkyards which are not effectively screened shall take all the
steps ordered by the commissioner to effectively screen them. When ordered by the director to
screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully
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
or by an independent contractor, the director may use state forces or may let a contract for the
screening in the same manner that contracts are let pursuant to this title for construction and
reconstruction of the state highway system and the director has the right to enter upon private
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
junkyard which in the judgment of the director does not subserve the legislative intent as
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
highway system which was lawfully in existence on December 3, 1965, may be maintained in
existence until December 3, 1970, unless required to be removed prior thereto by order of the
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
director pursuant to this chapter, must be paid just compensation for the reasonable damages, if
any, suffered by reason of such removal between the date of removal and December 3, 1970.
Just compensation does not include any relocation or removal costs as specified in section
32-15-22.1; however, costs of removal may be determined to be an element of compensation
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,
or condemnation in fee simple, or such lesser interest as the director deems necessary, and in
the acquisition of said lands by condemnation, the director shall use the procedure used for
acquiring right of way for the improvement, construction, reconstruction, widening, altering,
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
23 U.S.C. 136 and the national standards promulgated thereunder by the secretary of
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
feet [304.8 meters] from the nearest edge of the right of way along highways on the state
highway system unless the director's permission is obtained is hereby enacted into law with full
force and effect of law, from its issuance on December 3, 1965, the same as if said order was
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
operated within areas adjacent to highways which are within one thousand feet [304.8 meters] of
the nearest edge of the right of way and which are zoned under the authority of state law or
which are not zoned under the authority of state law, but are used for industrial activities as
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
misdemeanor.Page No. 2Document Outlinechapter 24-16 establishment of junkyards adjacent to highways