reglab/housing_qa huggingface dataset:
SD Codified L § 49-13-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-13 - Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.

49-13-13. Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.If, after a hearing pursuant to this chapter, it appears to the satisfaction of the commission that anything has been done or omitted to be done in violation of the provisions of laws of this state, or that any individual or joint rate or charge demanded, charged, collected, or received by any telecommunications company or motor carrier subject to the provisions of this title, or that any individual or joint classifications, regulations, or practices of a telecommunications company or motor carrier are unjust, unreasonable, unjustly discriminatory, unduly preferential, prejudicial, or otherwise in violation of the laws of this state, or that any injury or damage has been sustained by any person, the commission may determine and prescribe the just and reasonable charge, to be observed as the maximum to be charged. The commission shall also determine what classification, regulation, or practice is just, fair, and reasonable to be thereafter followed, and to make an order that such telecommunications company or motor carrier shall cease and desist from the violations to the extent that the commission finds them to exist. The telecommunications company or motor carrier may not thereafter publish, demand, collect, or receive any rate or charge for in excess of the maximum rate or charge prescribed and they shall adopt the classification and conform and abide by the regulations or practices prescribed by the commission. Source: SDC 1939, §52.0303; SL 1979, ch 307, §81; SL 1987, ch 345, §25.
SD Codified L § 49-13-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-14 - Determination of damages--Order directing payment.

49-13-14. Determination of damages--Order directing payment.The commission may determine the extent of any injury or damage which it finds to have been sustained by any person, telecommunications or motor carrier. If the commission determines that any person is entitled to reparation or to an award of damages, the commission shall make an order directing the telecommunications company or motor carrier to pay to such person the sum of money to which he may be entitled, on or before a named day. Source: SDC 1939, §52.0303; SL 1987, ch 345, §26.
SD Codified L § 49-13-14.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-14.1 - Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.

49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case. Source: SDC 1939, §52.0214; SDCL, §49-3-21; SL 1987, ch 345, §27.
SD Codified L § 49-13-14.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-14.2 - Necessity for demand before suit.

49-13-14.2. Necessity for demand before suit.If a telecommunications company or motor carrier is liable under §49-13-14.1, a demand in writing on the telecommunications company shall be made for the money damages sustained before suit is brought for recovery under §49-13-14.1, and no suit may be brought until the expiration of thirty days after the demand. Source: SDC 1939, §52.0214; SDCL, §49-3-22; SL 1987, ch 345, §28.
SD Codified L § 49-13-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.

49-13-16. Presumption of validity of order--Burden to prove invalidity.If any action or proceeding or order of the commission comes into question, the validity of the order is presumed. It is not necessary to allege or prove any fact upon which the validity of the order depends, but the burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity. Source: SDC 1939, §52.0310; SL 1987, ch 345, §29.
SD Codified L § 49-13-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-17 - Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.

49-13-17. Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.If a commission order is in effect, other than one for payment of money, and a telecommunications company or motor carrier violates or neglects that order, the commission or any interested person or a person injured by the telecommunications company or motor carrier's failure to obey the order or the attorney general may apply to a circuit court of proper jurisdiction, in which the telecommunications company or motor carrier is operating for a writ of mandamus for the enforcement of the commission's order. Source: SDC 1939, §52.0304; SL 1987, ch 345, §30.
SD Codified L § 49-13-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-18 - Issuance of mandamus or other proper process.

49-13-18. Issuance of mandamus or other proper process.If, after hearing, the court to which the application was made pursuant to §49-13-17 determines that the commission's order was made and served upon the telecommunications company or motor carrier and the telecommunications company or motor carrier fails to obey, the court shall enforce obedience to the order by peremptory writ of mandamus or other proper process, mandatory, or otherwise, to restrain the telecommunications company or motor carrier from further violating or disobeying the order of the commission, and enjoining the telecommunications company or motor carrier's obedience. Source: SDC 1939, §52.0304; SL 1987, ch 345, §31.
SD Codified L § 49-13-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.

49-13-19. Enforcement of mandamus or other proper process for failure to obey.If a telecommunications company or motor carrier disobeys the writ of mandamus or other proper process, mandatory or otherwise, issued pursuant to §49-13-18, the court may issue writs of attachment or other process of the court incident or applicable to writs of mandamus or other proper process, peremptory or otherwise, against the telecommunications company or motor carrier and, if it is a corporation, against one or more of its directors, officers, or agents or against any owner, lessee, trustee, receiver, or other person failing to obey the writ of mandamus or other process, mandatory or otherwise. Source: SDC 1939, §52.0304; SL 1987, ch 345, §32.
SD Codified L § 49-13-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-20 - Money judgment for default in compliance--Disposition of money.

49-13-20. Money judgment for default in compliance--Disposition of money.The court which issues the writ of mandamus or other proper process, mandatory or otherwise, pursuant to §49-13-18, may make an order directing the telecommunications company or motor carrier or other person disobeying the writ or other process to pay a sum of money not exceeding, for each telecommunications company or motor carrier or person in default, the sum of one thousand dollars for each day after the day named in the order. By an order from the court, the money shall be paid to the treasury of the county in which the action was commenced, and one-half thereof shall be transferred by the county treasurer to the state treasurer. Source: SDC 1939, §52.0304; SL 1987, ch 345, §33.
SD Codified L § 49-13-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.

49-13-21. Recovery of moneys by attachment or execution--Appeal to Supreme Court.Any payment ordered pursuant to §49-13-20 may, without any prejudice to any other mode of recovery, be enforced by attachment or order in the nature of a writ of execution, in the same manner that it would be recovered by a final judgment in personam in the circuit court. The commission or any other interested party may appeal to the Supreme Court of this state under the regulations provided by law in relation to appeals, except as provided by §49-13-22. Source: SDC 1939, §52.0304; SL 1987, ch 345, §34.
SD Codified L § 49-13-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-22 - Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.

49-13-22. Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.In no case may security for an appeal under §49-13-21 be required in an appeal taken by the commission but no appeal to the Supreme Court may operate to stay or supersede the order of the court, or the execution of any writ or process thereon, and the court may in every such matter order the payment of the costs and attorney fees considered to be reasonable. Source: SDC 1939, §52.0304; SL 1987, ch 345, §35.
SD Codified L § 49-13-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-23 - Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.

49-13-23. Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.If a petition under §49-13-17 is filed, presented, or to be prosecuted by the commission, by its initiative, the commission may require the attorney general to prosecute. In the prosecution, the attorney general may request the assistance of the state's attorney of that county in any proceedings that are instituted. The state's attorney shall render assistance. The costs and expenses on the part of the commission for the prosecution shall be paid out of the appropriations for the expenses of the commission. Source: SDC 1939, §52.0304; SL 1987, ch 345, §36.
SD Codified L § 49-13-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-24 - Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.

49-13-24. Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.If any telecommunications company or motor carrier does not comply with an order for the payment of money by the commission within the time limit of the order, any person for whose benefit the order was made may file in any court of competent jurisdiction of this state a petition or complaint setting forth the causes for which damages are claimed, the proceedings before the commission, and the report and order of the commission in the premises. The suit shall proceed in all other respects as other civil actions for damages, except as provided in §§49-13-25 and 49-13-26. Source: SDC 1939, §52.0304; SL 1987, ch 345, §37.
SD Codified L § 49-13-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-25 - Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.

49-13-25. Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.In the trial of an action pursuant to §49-13-24, the evidence introduced in the proceedings before the commission shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the commission may be introduced at the court trial. The report and order of the commission in the premises shall be taken and held to be prima facie evidence of the facts stated therein. Source: SDC 1939, §52.0304; SL 1987, ch 345, §38.
SD Codified L § 49-13-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.

49-13-26. Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.The plaintiff in a suit pursuant to §49-13-24 is not liable for costs at any stage of the proceedings unless the costs accrue on appeal to the Supreme Court, and if the plaintiff eventually prevails, he shall be allowed reasonable attorney fees to be taxed and collected as a part of the costs of the suit. Source: SDC 1939, §52.0304; SL 1987, ch 345, §39.
SD Codified L § 49-13-27 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-27 - Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.

49-13-27. Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.In all suits pursuant to §49-13-24, all parties in whose favor the commission has made an award of damages to a single order may be joined as plaintiffs, and all parties against whom the order awarding the damages is made, may be joined as defendants. The suits may be maintained by joint plaintiffs against joint defendants, in any court of proper jurisdiction in this state. Service of process against any one of such defendants not found in the county where the suit is brought may be made in any county where the defendant operates its lines or maintains an office. In case of a joint suit, the recovery, if any, may be by judgment in favor of any one or more of the plaintiffs, and against any one or more of the defendants. Source: SDC 1939, §52.0304; SL 1987, ch 345, §40.
SD Codified L § 49-16A-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-1 - Definitions of terms.

49-16A-1. Definitions of terms.Terms used in this chapter mean:(1)"Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting freight in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire;(2)"Department," the Department of Transportation created by chapter 1-44;(3)"For hire," the condition of receiving remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of freight;(4)"Freight," all property tendered for transportation by a railroad;(5)"Railroad," any association or corporation, or other entity, other than a state agency or authority, engaged in operating a common carrier by rail regardless of motive power used, excluding street railroads;(6)"Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks, interchanges, and all other fixtures and real property owned or operated by a railroad to discharge its obligations as a common carrier by rail;(7)"Shipper," a consignor or consignee;(8)"Commission," the Transportation Commission created by §1-44-4;(9)"Negotiated in good faith," a bona fide offer to pay all costs and damages as compensation for the acquisition of property desired by the applicant for the construction or reconstruction of a road, including the economic costs or diminution associated with or caused by the construction or reconstruction if there is a partial taking of property. Source: SL 1980, ch 322, §1; SL 1990, ch 372, §1; SL 1999, ch 222, §3.
SD Codified L § 49-16A-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-2 - Corporation law--Applicability to railroads.

49-16A-2. Corporation law--Applicability to railroads.Every railroad operating in this state is subject to the applicable provisions of Title 47 of the South Dakota Codified Laws except where in conflict with this chapter, but may additionally exercise the powers authorized by this chapter and is subject to the duties contained in this chapter. Source: SL 1980, ch 322, §2.
SD Codified L § 49-16A-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-3 - Chapters governing railroads.

49-16A-3. Chapters governing railroads.All railroads, unless built and operated solely for private purposes, are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapters 49-17 and 49-17A. Source: SL 1980, ch 322, §3.
SD Codified L § 49-16A-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-5 - Freight charges to be just and reasonable.

49-16A-5. Freight charges to be just and reasonable.All charges for carriage of freight by railroad must be just and reasonable. Source: SL 1980, ch 322, §5.
SD Codified L § 49-16A-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined.

49-16A-6. Freight charges to be uniformly applied--Unreasonable discrimination defined.A railroad providing transportation may not charge or receive from a person a different compensation for a service rendered, or to be rendered, in transportation the railroad may perform than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of freight under substantially similar circumstances. A railroad that charges or receives a different compensation for that service unreasonably discriminates. Source: SL 1980, ch 322, §6.
SD Codified L § 49-16A-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-7 - Unreasonable discrimination prohibited.

49-16A-7. Unreasonable discrimination prohibited.A railroad providing transportation or service may not subject a person, place, port, or type of traffic to unreasonable discrimination. Source: SL 1980, ch 322, §7.
SD Codified L § 49-16A-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony.

49-16A-8. Transportation or service at cut rate or discrimination as felony.A person who knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a railroad at less than the rate in effect or by practicing discrimination is guilty of a Class 6 felony. Source: SL 1980, ch 322, §8.
SD Codified L § 49-16A-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual.

49-16A-9. Failure to file or observe rates or tariffs as felony--Corporation or individual.Any railroad providing transportation or service or an officer, director, receiver, trustee, lessee, agent, or employee of such railroad that intentionally does not file and publish its rate or tariffs as required by law or observe those tariffs is guilty of a Class 6 felony. Source: SL 1980, ch 322, §9; SL 1983, ch 15, §109.
SD Codified L § 49-16A-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-10 - Individual acts or omissions in scope of employment.

49-16A-10. Individual acts or omissions in scope of employment.When acting in the scope of his employment, the actions and omissions of a person acting for or employed by a carrier or shipper that is subject to §§49-16A-8 and 49-16A-9 are considered to be the actions and omissions of that person. Source: SL 1980, ch 322, §10.
SD Codified L § 49-16A-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-11 - Venue of criminal prosecution.

49-16A-11. Venue of criminal prosecution.Trial of a criminal action under §§49-16A-9 and 49-16A-10 shall be in the circuit court for the county in which any part of the violation was committed or through which the transportation was conducted. Source: SL 1980, ch 322, §11.
SD Codified L § 49-16A-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-19 - Restraint of trade provisions applicable to railroads.

49-16A-19. Restraint of trade provisions applicable to railroads.For the purposes of intrastate commerce, a railroad is not a regulated utility as defined in §37-1-3.5 and is subject to the provisions of chapter 37-1. Source: SL 1980, ch 322, §19.
SD Codified L § 49-16A-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-20 - Single-line rates as restraint of trade.

49-16A-20. Single-line rates as restraint of trade.Except where permitted under federal law, membership of a railroad in any group, organization, or bureau, or an agreement for the purpose of discussing or establishing single-line rates, or the establishment of a single-line rate through such a membership or under the influence of such a membership by a railroad, is restraint of trade within the meaning of §37-1-3.1. Source: SL 1980, ch 322, §20.
SD Codified L § 49-16A-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-21 - Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.

49-16A-21. Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.Two or more railroads which establish through rates, joint rates, or joint through rates for intrastate commerce as required by §49-16A-38 are not subject to §37-1-3.1 unless the intent or effect is to violate §37-1-3.2. Source: SL 1980, ch 322, §21.