N.D. Const. art. XII, § 10 — Research

Local Control Over Utilities Occupying Streets or Highways. Text of the section: current and prior versions.

Every citing reference in the corpus: 6 court opinions and 2 Attorney General opinions. Counts include the section's pre-1981 designation (§ 139), era-gated by the renumbering crosswalk.

Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.

Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.

• City of Grafton v. Otter Tail Power Company, 1957 ND 66 (1957, Morris, J.) · quotes the provision
  • “…hool within the limits of the city is violative of those statutes and rules. The second contention is that the construction and maintenance by the Board of its power line across the section line road which in part bounds the City on the west is a violation of Section 139 of the North Dakota Constitution and that the Public Service Commission may properly direct the Otter Tail Power Company to cease and desist from furnishing to the Board electricity to be conveyed over the line thus ere…”
• Chrysler Light & Power Co. v. City of Belfield, 1929 ND 54 (1929, Christianson, J.) · quotes the provision
  • “…erate a street railroad, telegraph, telephone or electric light plant within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied for such purposes." Section 139, Constitution North Dakota. The Legislature has expressly authorized a city council to provide for the lighting of the streets, alleys, avenues, and public grounds and "to provide for the furnishment of lights to the…”

• Montana-Dakota Utilities Co. v. Divide County School District No. 1, 1971 ND 96 (1971, Teigen, J.)
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 62-155 (1962)
• Olson v. Erickson, 1928 ND 9 (1928, Burr, J.) · construes
  • “…ne year to exercise their rights under a franchise granted prior to July 1, 1927, and to extend the operation of the statute to cases such as his would violate section 61 of the Constitution of this state; that the law is unconstitutional, because it violates section 139 of the Constitution of this state. The trial court found "that prior to the institution of this action (September 21, 1927) the defendant herein commenced the construction of an electric lighting plant and distributing…”

• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 63-189 (1963)
• Thomas v. McHugh, 1934 ND 74 (1934, Moellring, J.) · quotes the provision
  • “…eduction of rates is requested. There is nothing in the measure to indicate any intention to amend or repeal said section 4609c23 (section 23, c. 192, Laws 1919). Another matter bearing upon this question of the power of the board of railroad commissioners is section 139 of the Constitution of this state. Said section provides: "No law shall be passed by the legislative assembly granting the right to construct and operate a street railroad, telegraph, telephone or electric light plant w…”
• Western Electric Co. v. City of Jamestown, 1921 ND 4 (1921, Bronson, J.) · quotes the provision
  • “…13. It is specifically reserved to a city by the constitutional provision which provides that no law shall be passed by the Legislative Assembly granting the right to construct and operate an electric light plant within any city without requiring its consent. Section 139, N. D. Const. This right of franchise granted to the plaintiff in 1902 was a right of value, a right of property, and, validly, the subject of a legal contract. See note 50 L. R. A. 142; Joyce on Franchises, §§ 25, 26.…”

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