reglab/housing_qa huggingface dataset:
SD Codified L § 49-16A-75.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession.

49-16A-75.4. Proceedings to establish compensation--Physical possession.Upon a failure to reach agreement on compensation following a determination pursuant to §49-16A-75.3, either party may bring a proceeding in state court to establish compensation to be paid for the property taken or damaged. The court shall expedite the proceedings. A railroad is not entitled to physical possession of the property to be taken pursuant to the exercise of eminent domain except upon the earlier to occur of either:(1)Execution of a written agreement between the parties as to fair market value of compensation;(2)Entry of a judgment of condemnation in the circuit court; or(3)Upon posting by the railroad of a bond to be established by the court as soon as possible but no later than one hundred twenty days following petition by the railroad for possession. The bond shall be in an amount the court determines to be a preliminary estimate of compensation based on the best information available, but is not determinative of final compensation or admissible as evidence thereon. Source: SL 2008, ch 238, §3.
SD Codified L § 49-16A-76 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-76 - Powers--Acceptance of voluntary grants for railroad purposes.

49-16A-76. Powers--Acceptance of voluntary grants for railroad purposes.Each railroad authorized to construct, operate, or maintain a road within this state, may take and hold such voluntary grants of real and other property as are made to it, to aid in the construction, maintenance, and accommodation of its road. Any real property received by voluntary grant shall be held and used for the purposes of the grant only. Source: SDC 1939, §52.0801 (2); SDCL, §49-16-7; SL 1980, ch 322, §75.
SD Codified L § 49-16A-77 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-77 - Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.

49-16A-77. Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.Each railroad authorized to construct, operate, or maintain a road within this state, may lay out a road not exceeding one hundred feet in width, and construct it. For the purpose of cuttings and embankments and of obtaining gravel or other material, the railroad may take as much land as may be necessary for the proper construction, operation, and security of the road, and for the protection of the road from snow, and may cut down any standing trees that may be in danger of falling on the road. The railroad shall provide compensation, as provided by law, for lands taken for the use of a railroad. Source: SDC 1939, §52.0801 (4); SDCL, §49-16-9; SL 1980, ch 322, §76.
SD Codified L § 49-16A-78 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation.

49-16A-78. Entries upon land--Appropriation of land--Purposes of appropriation.Each railroad authorized to construct, operate, or maintain a road within this state may enter upon any land for the purpose of examining and surveying its road, and may take, hold, and appropriate so much real property as may be necessary for the location, construction, and convenient use of its road, including all necessary grounds for buildings, stations, workshops, depots, machine shops, switches, sidetracks, snow defenses, and water stations. It may take all materials for the construction of the road and its appurtenances, and the right of way over adjacent land sufficient to enable the railroad to construct and repair its road. The railroad may obtain the right to such real property by purchase or condemnation in the manner provided by law. Source: SDC 1939, §52.0811; SDCL, §49-20-1; SL 1980, ch 322, §77.
SD Codified L § 49-16A-79 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-79 - Condemnation for spur tracks to serve industry.

49-16A-79. Condemnation for spur tracks to serve industry.Each railroad owning, leasing, or operating a road in this state may condemn property for the right-of-way of spur tracks designed to reach or serve industries or industrial enterprises, such as mills, mines, smelters, factories, warehouses, and other manufacturing and industrial enterprises, for which freight train service is not performed. Source: SDC 1939, §52.0825; SDCL, §49-22-11; SL 1980, ch 322, §78.
SD Codified L § 49-16A-80 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys.

49-16A-80. Entry and appropriation for changing location or grade--Surveys.For the purpose of making any change in the location and grades of a road pursuant to §49-16A-79, a railroad has all the rights, powers, and privileges to enter upon and appropriate such real property and make surveys necessary to effect such changes and grades, upon the same terms and subject to the same obligations, rules, and regulations as are prescribed by law. Source: SDC 1939, §52.0807; SDCL, §49-19-20; SL 1980, ch 322, §79.
SD Codified L § 49-16A-81 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-81 - Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.

49-16A-81. Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.If it is necessary for a road to occupy a road, street, alley, or public way, or ground of any kind, the municipal or other corporation, or public officer or public authorities owning or having charge thereof, and the railroad, may agree on the manner, terms and conditions on which the same may be used or occupied. If the parties are unable to agree and it is necessary, in the judgment of the railroad, to use or occupy such road, street, alley, or other public way or ground, the railroad may appropriate so much of the same as may be necessary for the purposes of its road, in the same manner and on the same terms as provided in this chapter for the appropriation of the property of individuals. Source: SDC 1939, §52.0823; SDCL, §49-20-15; SL 1980, ch 322, §80.
SD Codified L § 49-16A-82 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court.

49-16A-82. Purchase of land--Failure to agree upon price--Determination by circuit court.A railroad may purchase and use real property for a price to be agreed upon with its owners. The damages to be paid for any real property taken, when not agreed on, shall be determined by the circuit court for the county where the real property is situated, in conformity with the law pertaining to condemnation proceedings. Source: SDC 1939, §52.0813; SDCL, §49-20-2; SL 1980, ch 322, §81.
SD Codified L § 49-16A-83 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-83 - Railroad-highway grade crossings.

49-16A-83. Railroad-highway grade crossings.The Department of Transportation may require and regulate construction of railroad and highway crossings as provided by chapter 31-27. Source: SDC 1939, §52.0910; SDCL, §49-20-22; SL 1976, ch 294, §24; SL 1980, ch 322, §82.
SD Codified L § 49-16A-84 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-84 - Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.

49-16A-84. Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.A railroad may raise or lower any public highway, not within the limits a municipality, for a railroad crossing, by petitioning the board of county commissioners, if the place is not a part of the state highway system, or by petition to the Department of Transportation if it is a part of the state system, but must guarantee to place and keep it in as good repair and condition as before the alteration was made, at its own expense. The grade approaching the crossing shall not exceed ten percent at any point thereof. Source: SDC 1939, §52.0828; SDCL, §49-19-23; SL 1980, ch 322, §83.
SD Codified L § 49-16A-85 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-85 - Temporary routes during change of grade construction.

49-16A-85. Temporary routes during change of grade construction.A railroad, while raising or lowering a public highway, or while making any other alterations which obstruct a public highway, shall provide and keep suitable temporary ways in good order to enable traffic to avoid or pass the obstruction. Source: SDC 1939, §52.0828; SDCL, §49-19-24; SL 1980, ch 322, §84.
SD Codified L § 49-16A-86 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.

49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right-of-way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed. Source: SDC 1939, §52.0909; SDCL, §49-19-26; SL 1980, ch 322, §85; SL 1984, ch 216, §4.
SD Codified L § 49-16A-87 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-87 - Crossing standards--Warning sign.

49-16A-87. Crossing standards--Warning sign.Each railroad shall construct at all points where its road crosses any public road, good, sufficient, and safe crossings and shall erect at such points, at a sufficient elevation from the road to admit free passage of vehicles of every kind, a sign with large and distinct letters giving notice of the proximity of the road and warning persons of the necessity for looking out for trains. Source: SDC 1939, §52.0923; SDCL, §49-25-16; SL 1980, ch 322, §86.
SD Codified L § 49-16A-88 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad.

49-16A-88. Warning signs--Erection by county commissioners at expense of railroad.If a railroad refuses or neglects, for more than thirty days after notice given by a board of county commissioners, to comply with the provisions of §49-16A-87, it is the duty of the board to erect the signs, and the railroad is liable for all expenses so incurred by the board. Source: SDC 1939, §52.0923; SDCL, §49-25-18; SL 1980, ch 322, §87.
SD Codified L § 49-16A-89 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department.

49-16A-89. Crossings--Erection of lighting or alarms at order of department.If, in the opinion of the Department of Transportation, it is necessary for the safety and protection of the public that street crossings over railroad tracks be lighted or street crossing alarms be installed to notify the public of approaching trains, the department shall order the railroad over whose road such street crosses to install crossing alarms or order the crossings to be lighted, or order both alarms and lighting by the railroad in a manner and method as, in the opinion of the department, will be the most suitable for the protection of the public. Source: SDC 1939, §52.0927; SDCL, §49-25-15; SL 1980, ch 322, §88; SL 1984, ch 216, §5.
SD Codified L § 49-16A-89.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational.

49-16A-89.1. Erection of stop signs until alarms or lighting operational.If the Department of Transportation orders a railroad to install crossing alarms or orders a crossing to be lighted pursuant to §49-16A-89, the department shall erect and maintain stop signs, which conform with standards found in the manual on uniform traffic control devices, at the crossing from the time of issuance of the order until such time as the alarms or lighting have been installed and are operational. Source: SL 1987, ch 347.
SD Codified L § 49-16A-89.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-89.2 - Alarm or lighting device required where railroad crosses state trunk highway system.

49-16A-89.2. Alarm or lighting device required where railroad crosses state trunk highway system.Any railroad tracks over which an operating train travels which crosses a portion of the state trunk highway system, as defined in chapter 31-4, shall have a crossing alarm or a lighting device, or both, to alert the public of approaching trains and to notify the public of trains crossing the highway. The crossing alarm or lighting device shall be in place by December 31, 1998. The Department of Transportation shall decide the method which is most suitable for the protection of the public. The Department of Transportation shall use any federal highway safety funds to pay for the crossing alarms and lighting devices. However, if federal highway safety funds are not available, the railroad owning or operating the tracks is liable for the expenses of the crossing alarm or lighting device. Source: SL 1996, ch 272.
SD Codified L § 49-16A-90 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.

49-16A-90. Tampering with light or signal--False light or signal--Felony.Any person who unlawfully masks, alters, or removes a light or signal, or intentionally exhibits a false light or signal with intent to bring a locomotive, railroad car, or train of cars into danger is guilty of a Class 4 felony. Source: SDC 1939, §13.1621; SDCL, §49-25-19; SL 1980, ch 322, §89; SL 1983, ch 15, §110.
SD Codified L § 49-16A-91 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-91 - Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.

49-16A-91. Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.If the owner of a tract of land abutting on a road within this state plans to inclose the tract and constructs a good and sufficient fence about the tract on all sides except along the side abutting the road, the railroad shall supply the landowner with the materials needed to construct a fence not less than four and one-half feet high. If the owner incloses a tract of land with a woven wire fence with wires crossing each other close enough to keep sheep and hogs confined, the railroad shall supply the landowner with the materials needed to construct a like fence along its right-of-way on the side of the tract so far as it extends along the road. The railroad shall maintain or supply the materials to maintain the fence in good repair and condition until released by the owner of the tract, or until the owner of the tract ceases to maintain his portion of the fence in good repair and condition for one year. Source: SDC 1939, §52.0910; SDCL, §49-20-22; SL 1976, ch 294, §24; SL 1980, ch 322, §90.
SD Codified L § 49-16A-92 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.

49-16A-92. Notice to railroad to erect fence--Contents of notice--Time for compliance.If the owner of a tract of land has completed his portion of the fence around the proposed inclosure, he shall give written notice of its completion to the railroad on whose road the tract is situated, by service on the railroad describing in the notice the situation of the tract and the appropriate number of acres to be inclosed and the length of the fence required along the line of the railroad to complete the proposed inclosure.The railroad shall supply the materials needed to construct and complete its portion of the fence within forty-five days after the service of the notice. Source: SDC 1939, §52.0911; SDCL, §49-20-23; SL 1976, ch 294, §25; SL 1980, ch 322, §91.
SD Codified L § 49-16A-93 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-93 - Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.

49-16A-93. Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.If a railroad neglects or refuses to comply with the requirements of §§49-16A-91 and 49-16A-92, the owner of the tract may construct or repair the fence along the road, and the railroad is liable to the owner for an amount not exceeding the actual cost of all materials used in the construction or repair of the fence of like construction but excluding all cost of labor, which may be recovered in a civil action. The railroad is also liable for all damages accruing by reason of its neglect or refusal. However, a railroad is not required to build fences nor be liable for any damages for refusal to build fences when the earth is frozen. Source: SDC 1939, §52.0912; SDCL, §49-20-24; SL 1969, ch 199; SL 1976, ch 294, §26; SL 1980, ch 322, §92.
SD Codified L § 49-16A-94 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-94 - Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.

49-16A-94. Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.No railroad employee shall be held liable for any railroad engine or cars occupying or blocking any street, road, or highway grade crossing where such occupying or blocking is necessitated or required in order to comply with a rule, regulation or order issued by any state or federal regulatory body. Source: SL 1977, ch 388; SDCL Supp, §49-24-18; SL 1980, ch 322, §93.
SD Codified L § 49-16A-96 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-96 - Bridges and abutments--Maintenance.

49-16A-96. Bridges and abutments--Maintenance.Each railroad shall maintain and keep in good repair all of its bridges and their abutments. Source: SDC 1939, §52.0829; SDCL, §49-19-27; SL 1980, ch 322, §95.
SD Codified L § 49-16A-98 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroad construction.

49-16A-98. Restoration and maintenance of watercourses and highways affected by railroad construction.Each railroad shall restore every stream of water, watercourse, street, highway, toll road, turnpike, or canal, across, along, or upon which its road is constructed, to its former state or to such condition as that its usefulness is not materially impaired, and shall maintain the same in such condition against any effects produced by such railroad. Source: SDC 1939, §52.0907; SDCL, §49-19-28; SL 1980, ch 322, §97.
SD Codified L § 49-16A-100 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.

49-16A-100. Utility poles and wires on right-of-way--Commission to regulate.The Public Utilities Commission shall make rules and regulations for the setting of poles on railroad right-of-way, and the stringing or suspending of telephone, telegraph, electric, or other wires over the track of railroads. Source: SDC 1939, §52.0258; SDCL, §49-7-3; SL 1980, ch 322, §99.
SD Codified L § 49-16A-100.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.

49-16A-100.1. Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.Each 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 has the right to cross over or under the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way. Source: SL 2006, ch 232, §2.