Southeast Cass Water Resource District v. Burlington Northern Railroad

MESCHKE, Justice.

Burlington Northern Railroad Company (BN Railroad) appeals from a summary judgment declaring it responsible for the costs of necessary modifications to its bridges and culverts to accommodate drainage improvements directed by the Southeast Cass Water Resource District (District) for Cass County Drain 45. We conclude that NDCC 61 — 16.1— 42 constitutionally places upon BN Railroad the continuing responsibility for the costs of accommodating its track to necessary drainage improvements. We affirm.

I

Drain 45 was established in 1948 for part of Cass County at West Fargo along a…