ND HB1252

Individuals injured while boarding, riding, or dismounting from moving locomotives or railroad cars without authorization cannot recover damages from the railroad owner or operator unless the injury resulted from an intentional act where the operator knew serious injury was probable, or from wanton and reckless disregard.

Political subdivisions may enter agreements with railroad corporations to assume all liability for bodily injury, death, property damage, and other damages occurring on inactive railroad property, right of way, or adjoining property within their jurisdiction.

Political subdivisions assuming liability must do so to establish and maintain walking or biking paths for public use and cannot claim ownership of the property or right of way.

Railroad corporations remain liable for injuries to their employees or agents under North Dakota chapter 49-16 and the federal Employer's Liability Act (45 U.S.C. 51 et seq.), regardless of liability assumptions by political subdivisions.

Property or right of way must have been inactive for more than ten years before a political subdivision may assume liability for it.