reglab/housing_qa huggingface dataset:
SD Codified L § 49-16A-100.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way.

49-16A-100.2. Definitions relating to utility crossing of railroad right-of-way.Terms used in §§49-16A-100.2 to 49-16A-100.10, inclusive, mean:(1)"Railroad," any nonpublic association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad;(2)"Rural water system," an entity engaged in the treatment, distribution, and sale of water to rural consumers that was created by chapters 34A-5, 46A-3A, or 46A-9 or any nonprofit corporation engaged in such activity;(3)"Utility," electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system;(4)"Crossing," the construction, operation, repair, or maintenance of a facility, over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way;(5)"Facility," any item of personal property placed over, across, or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone, or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, or attachments;(6)"Special circumstances," includes the railroad crossing's relationship to other property, location of the crossing in urban or other developed areas, the existence of unique topography or natural resources, or other dangers inherent in the particular crossing. Source: SL 2014, ch 217, §9; SL 2016, ch 223, §1.
SD Codified L § 49-16A-100.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.3 - Notice and application for placement of utility facility across railroad right-of-way.

49-16A-100.3. Notice and application for placement of utility facility across railroad right-of-way.Any utility that intends to place a facility across a railroad right-of-way shall provide to the railroad notice of the placement at least thirty days before the placement. The notice shall include a completed crossing application, including a drawing showing the location of the proposed crossing and the railroad's property, tracks, and wires that the utility will cross. The utility shall submit the crossing application on a form provided or approved by the railroad, if available. The crossing application shall be sent to the railroad by certified mail, return receipt requested. The application shall be accompanied by the crossing fee as set forth in §49-16A-100.5, and a certificate of insurance as required by §49-16A-100.6. Source: SL 2014, ch 217, §1; SL 2016, ch 223, §2.
SD Codified L § 49-16A-100.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.4 - Commencement of construction across railroad right-of-way_Exception.

49-16A-100.4. Commencement of construction across railroad right-of-way--Exception.Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility. Source: SL 2014, ch 217, §2; SL 2016, ch 223, §3.
SD Codified L § 49-16A-100.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.5 - Standard crossing fee--Flagging expense.

49-16A-100.5. Standard crossing fee--Flagging expense.Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be assessed by the railroad or by any railroad agent, contractor, or assignee to the utility or to any agent or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing, in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way. Source: SL 2014, ch 217, §3; SL 2016, ch 223, §4.
SD Codified L § 49-16A-100.6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.6 - Certificate of insurance or coverage for utilities crossing railroad right-of-way.

49-16A-100.6. Certificate of insurance or coverage for utilities crossing railroad right-of-way .The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of two million dollars for each occurrence and an aggregate limit of at least four million dollars. The certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of five million dollars for each occurrence and an aggregate limit of at least ten million dollars. The railroad may require protective liability insurance with a combined single limit of two million dollars for each occurrence and four million dollars aggregate. The coverage may be provided by a blanket railroad protective liability insurance policy if the coverage, including the coverage limits, applies separately to each individual crossing. The coverage shall be required only during the period of construction, repair, or replacement of the facility. Source: SL 2014, ch 217, §4; SL 2016, ch 223, §5.
SD Codified L § 49-16A-100.7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.

49-16A-100.7. Notice of objection by railroad--Petition for dispute resolution--Appeal.If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the utility by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the disputed crossing application within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, after notice and opportunity for hearing, must issue an order within sixty days of filing of the petition, during which time the crossing shall be stayed. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties. Source: SL 2014, ch 217, §5; SL 2016, ch 223, §6.
SD Codified L § 49-16A-100.8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.8 - Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.

49-16A-100.8. Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.If a railroad asserts in writing by certified mail return receipt requested that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the objection within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, within ninety days of filing the petition, shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties. Source: SL 2014, ch 217, §6; SL 2016, ch 223, §7.
SD Codified L § 49-16A-100.9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.9 - Existing agreements--Eminent domain.

49-16A-100.9. Existing agreements--Eminent domain.Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, impairs the authority of a utility to secure crossing rights by easement pursuant to the exercise of the power of eminent domain. Source: SL 2014, ch 217, §7.
SD Codified L § 49-16A-100.10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.10 - Application of §§ 49-16A-100.2 to 49-16A-100.9.

49-16A-100.10. Application of §§49-16A-100.2 to 49-16A-100.9.Sections 49-16A-100.2 to 49-16A-100.9, inclusive, apply to:(1)Any crossing in existence before July 1, 2014 if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the railroad during the existence of the crossing, no additional fee is required; and(2)Any crossing commenced on or after July 1, 2014. Source: SL 2014, ch 217, §8.
SD Codified L § 49-16A-102 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-102 - Railroad police--Appointment and employment by railroad.

49-16A-102. Railroad police--Appointment and employment by railroad.A railroad organized under the laws of this state, or doing business within this state, may, at its own expense, appoint and employ policemen at stations or other places on its roads within this state for the protection of its property and the preservation of order on its premises, and in and about its cars, depots, depot grounds, yards, buildings, or other structures. Source: SDC 1939, §52.1201; SDCL, §49-27-1; SL 1980, ch 322, §101.
SD Codified L § 49-16A-103 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant.

49-16A-103. Railroad police--Authority to arrest--Procedure on arrest without warrant.Policemen employed pursuant to §49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in and about its cars, depots, depot grounds, yards, buildings, or other structures. They also have the authority of law enforcement officers in regard to the arrest and apprehension of offenders in or about such premises. If an arrest is made by such a policemen without warrant, he shall immediately take the offender to a magistrate having jurisdiction of the offense, and file a complaint against the offender. Source: SDC 1939, §52.1201; SDCL, §49-27-2; SL 1980, ch 322, §102.
SD Codified L § 49-16A-104 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-104 - Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.

49-16A-104. Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.Nothing in §49-16A-102 or 49-16A-103 shall be so construed as to restrict the lawful rights, powers, or privileges of a law enforcement officer within his respective jurisdiction. A railroad making an appointment pursuant to §49-16A-102 is responsible for the acts of its policemen to the same extent as for the acts of any of its general agents or employees. Source: SDC 1939, §52.1201; SDCL, §49-27-3; SL 1980, ch 322, §103.
SD Codified L § 49-16A-105 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-105 - Entry upon railroad equipment while armed a felony.

49-16A-105. Entry upon railroad equipment while armed a felony.No person, either individually or as a member of any mob, band, or assembly, shall enter upon, occupy, or appropriate any part of a railway train or of railway equipment used or useful in the transportation of passengers or property, or in the maintenance or operation of any road in this state, armed with any instrument or weapon of any kind, for the purpose of committing any offense, or shall ride in any other than the usual, proper, and lawful manner at the legal rate of fare prescribed in the tariffs of the railroad, and in the proper coaches or cabooses provided for the purpose. A violation of this section is a Class 5 felony. Source: SDC 1939, §§52.1204, 52.9921; SDCL, §49-27-6; SL 1980, ch 322, §104.
SD Codified L § 49-16A-106 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-106 - Tampering with journal boxes a felony.

49-16A-106. Tampering with journal boxes a felony.Any person who intentionally takes or removes the waste or packing or brass from any journal box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or capable of being used or operated on a railroad, is guilty of a Class 5 felony. Source: SDC 1939, §13.4514; SDCL, §49-27-7; SL 1976, ch 294, §34; SL 1980, ch 322, §105.
SD Codified L § 49-16A-107 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-107 - Malicious destruction of railroad property a felony.

49-16A-107. Malicious destruction of railroad property a felony.Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad, is guilty of a Class 6 felony. Source: SDC 1939, §13.4513 (1); SDCL, §49-27-8; SL 1976, ch 294, §35; SL 1980, ch 322, §106.
SD Codified L § 49-16A-108 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-108 - Malicious obstruction of tracks a felony.

49-16A-108. Malicious obstruction of tracks a felony.Any person who maliciously places an obstruction on the rails or track of a railroad, or any branch, or turnout connected with a railroad, is guilty of a Class 6 felony. Source: SDC 1939, §13.4513 (2); SDCL, §49-27-9; SL 1976, ch 294, §36; SL 1980, ch 322, §107.
SD Codified L § 49-16A-108.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-108.1 - Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.

49-16A-108.1. Application of §§49-16A-107 and 49-16A-108 to tourist railroad carrier.The provisions of §§49-16A-107 and 49-16A-108 apply to a tourist railroad carrier. A tourist railroad carrier is any person who is engaged in the business of selling tickets or admission to transport passengers by rail in this state primarily as a visitor attraction and the person owns, leases, or uses a minimum of five miles of railroad track. Source: SL 2016, ch 224, §1.
SD Codified L § 49-16A-109 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-109 - Punishment for malicious interference with railroad where death results.

49-16A-109. Punishment for malicious interference with railroad where death results.If death results from any violation of §49-16A-107 or 49-16A-108 the offender is guilty of a Class 5 felony. Source: SDC 1939, §13.4513; SDCL, §49-27-10; SL 1980, ch 322, §108.
SD Codified L § 49-16A-110 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-110 - Insurance--Railroad may procure.

49-16A-110. Insurance--Railroad may procure.Each railroad owning or operating a road in this state has an insurable interest in the property on the route of the road owned or operated by it and may procure insurance on its own behalf for its protection against damages. Source: SDC 1939, §52.0941; SDCL, §49-26-6; SL 1980, ch 322, §109.
SD Codified L § 49-16A-111 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-111 - Legislation relating to restraint of domestic animals or fences--Applicability to tracks.

49-16A-111. Legislation relating to restraint of domestic animals or fences--Applicability to tracks.No law of this state or resolution or ordinance of any county, township, or municipality relating to the restraint of domestic animals or to the fences of farmers or landowners, is applicable to railway tracks unless specifically so stated in such laws, resolutions, or ordinances. Source: SL 1980, ch 322, §110.
SD Codified L § 49-16A-112 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-112 - Abandonment of right-of-way--Occupation for three years by other users.

49-16A-112. Abandonment of right-of-way--Occupation for three years by other users.At the time of abandonment of any railroad right-of-way, any corporation, partnership, individual, or political subdivision of this state, owning, operating or maintaining any telegraph, telephone, electric transmission or distribution lines, pipelines, water or sewer lines, buildings, grain elevators or other permanent fixtures on the abandoned right-of-way, may continue to occupy the right-of-way for a period of three years as provided in §§49-16A-113 and 49-16A-114. Source: SL 1980, ch 326, §1; SL 1981, ch 329, §3; SL 1981, ch 330, §1.
SD Codified L § 49-16A-113 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-113 - Consideration for continued occupancy of right-of-way.

49-16A-113. Consideration for continued occupancy of right-of-way.Continued occupancy of such right-of-way for such period of occupancy shall be for the same consideration provided for in any existing lease or license for occupancy of such right-of-way, and any person continuing to so occupy shall pay the same to the owner of the right-of-way. Source: SL 1980, ch 326, §2.
SD Codified L § 49-16A-114 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired.

49-16A-114. Termination of right of occupancy unless right to continue acquired.Unless the person occupying the right-of-way has acquired the right to continue such occupancy by lease, license, purchase, or condemnation within three years of date of abandonment, the right to such occupancy shall cease. Source: SL 1980, ch 326, §3; SL 1981, ch 330, §2.
SD Codified L § 49-16A-115 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims.

49-16A-115. Abandonment of right-of-way on public or Indian lands--Title claims.A railroad which abandons service over, salvages and removes its rail, ties and other track material from any right-of-way in which it claims any right, title or interest in public lands, as prescribed by the act of Congress approved March 3, 1875, as amended, or in Indian lands as prescribed by the act of Congress approved March 2, 1889, as amended, or §49-16A-55, shall settle title claims with adjoining landowners and municipalities within one year after salvage of the abandoned road is complete or title to the abandoned railroad right-of-way easement reverts and vests, by operation of law, pursuant to 42 Stat. 414 (March 8, 1922). Source: SL 1981, ch 329, §1.
SD Codified L § 49-16A-116 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized.

49-16A-116. Municipal claim to reverter in railroad property--Quit claim authorized.The governing body of any municipality which may have a claim to a reverter or possibility of reverter in railroad property acquired by the act of Congress approved March 3, 1875, as amended, and conveyed by the railroad, may without charge or consideration quit claim such interest as may have been established by 42 Stat. 414 (March 8, 1922) to current owners of record claiming title to said property. Source: SL 1981, ch 329, §2.
SD Codified L § 49-16A-117 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-117 - Filing of certain records related to property conveyances by a railroad to a railroad.

49-16A-117. Filing of certain records related to property conveyances by a railroad to a railroad.Any conveyance or lease, deed of trust, mortgage, or satisfaction thereof made by any railroad in connection with the sale, lease or purchase of the whole or any part of its road within this state to or from another railroad may be executed and acknowledged in the same manner as conveyances of real property by corporations and may be recorded in the Office of the Secretary of State, who shall specify the day and hour of reception and the volume and page where recorded, which is evidence of such facts. Source: SL 1986, ch 393, §1.