reglab/housing_qa huggingface dataset:
SD Codified L § 49-16A-118 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-118 - Effect of filing--Notice of rights and interests.

49-16A-118. Effect of filing--Notice of rights and interests.Each record of an instrument filed with the secretary of state pursuant to §49-16A-117 shall, from the time of reception, have the same effect, as to any property described therein, as the record of any similar instrument in the office of a register of deeds, and is notice of the rights and interests of the grantee, lessee, or mortgagee to the same extent as if it were recorded in each of the counties in which any property described therein is situated. Source: SL 1986, ch 393, §2.
SD Codified L § 49-16A-119 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-119 - Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.

49-16A-119. Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.A standing railroad engine or car may not occupy or block any street, road, or highway grade crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making an emergency trip is blocked by the railroad engine or car, unless it is disabled, by accident or otherwise and cannot be moved without striking any object or person on track. A violation of this section by a railroad corporation is a Class 2 misdemeanor. Source: SL 1994, ch 355.
SD Codified L § 49-16B-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-1 - Legislative declarations--Public participation in railroad ownership and operation.

49-16B-1. Legislative declarations--Public participation in railroad ownership and operation.It is hereby declared:(1)That there exists within the state a serious emergency as a result of the imminent abandonment by railroads of substantial services which they have provided within the state, and the deteriorated condition of their properties and facilities;(2)That the abandonment of service and the deteriorated condition of railroad properties and facilities within the state has had and will continue to have a serious adverse effect upon the development of the state's resources and the improvement of its economic facilities and seriously interfere with the flow of commerce within the state, including the production and marketing of agricultural and manufactured commodities;(3)That the deteriorated condition of railroad properties and facilities and the abandonment of railroad service also places upon the state's highways additional burdens which cannot be sustained by them without irreparable damage;(4)That neither the improvement of railroad properties and facilities nor the continued provision of abandoned railroad service can be accomplished without public participation in the operation and ownership of railroad properties and facilities and the conduct of railroad services;(5)That for the foregoing reasons, it is to the economic benefit of the state for the Legislature to foster and encourage public participation in the ownership of railroad properties and facilities and the conduct of railroad services and that measures for such purposes should be adopted to permit such public participation as soon as practicable. Source: SL 1980, ch 323, §1.
SD Codified L § 49-16B-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-2 - Definitions of terms.

49-16B-2. Definitions of terms.Terms used in this chapter mean:(1)"Authority," the South Dakota Railroad Authority;(2)"Railroad facilities," or "facilities," all property either real, personal, or mixed used or useful in the conduct of railroad services. Source: SL 1980, ch 323, §2; SL 1996, ch 20, §22.
SD Codified L § 49-16B-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-3 - Railroad authority created--Members.

49-16B-3. Railroad authority created--Members.There is created the South Dakota Railroad Authority, a body corporate and politic. The governing board of the South Dakota Railroad Authority shall be comprised of the members of the South Dakota State Railroad Board, as provided by §1-44-25. Source: SL 1980, ch 323, §3; SL 2011, ch 74, §7; SL 2014, ch 218, §1.
SD Codified L § 49-16B-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-4 - Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.

49-16B-4. Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.The authority shall be attached to the Bureau of Finance and Management for reporting purposes but shall exercise all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually. Source: SL 1980, ch 323, §4.
SD Codified L § 49-16B-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-6 - Oath and bond of members.

49-16B-6. Oath and bond of members.Each member shall, before entering upon the duties of office, take and subscribe the constitutional oath of office and give bond in the penal sum of twenty-five thousand dollars conditioned upon the faithful performance of the member's duties. The oath and bond shall be filed in the Office of the Secretary of State. Source: SL 1980, ch 323, §6; SL 2010, ch 145, §189.
SD Codified L § 49-16B-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-7 - Per diem and expenses.

49-16B-7. Per diem and expenses.The members of the authority shall be paid their per diem compensation and reimbursed expenses as set pursuant to §4-7-10.4. Source: SL 1980, ch 323, §7.
SD Codified L § 49-16B-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-8 - Agents and employees.

49-16B-8. Agents and employees.The authority may employ agents and employees necessary to carry out the duties and purposes of the authority. Source: SL 1980, ch 323, §8; SL 2010, ch 145, §190.
SD Codified L § 49-16B-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-9 - Seal.

49-16B-9. Seal.The authority may have and use a common seal and alter the same at pleasure. Source: SL 1980, ch 323, §9.
SD Codified L § 49-16B-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-10 - Projects authority may undertake.

49-16B-10. Projects authority may undertake.For the purpose of developing the resources and improving the economic facilities of the state, the authority may engage in works of internal improvement and may own and conduct proper business enterprises through:(1)Planning, establishing, acquiring, developing, constructing, purchasing, enlarging, maintaining, equipping, and protecting railroads and railroad facilities, including railroad rolling stock. For such purposes the authority may acquire, by purchase, gift, devise, lease, or condemnation real or personal property or any interest therein;(2)Conducting continuous studies into the need for such facilities; and(3)Serving the Legislature by making reports and recommendations concerning the providing of such facilities. Source: SL 1980, ch 323, §10.
SD Codified L § 49-16B-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-11 - Report to legislature recommending projects.

49-16B-11. Report to legislature recommending projects.The authority shall obtain estimates of the cost of any project it deems necessary or convenient and shall formulate and recommend a list of projects. The authority shall present a report including its recommendations, proposed projects and estimated costs to the Legislature not later than the first day of November immediately preceding the convening of a regular session of the Legislature if the authority has any recommendation or proposed project. In recommending projects to be undertaken, the authority may not deviate from the priority listing of projects submitted by the Department of Transportation. Source: SL 1980, ch 323, §11; SL 1996, ch 20, §23; SL 2010, ch 145, §191.
SD Codified L § 49-16B-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-12 - Transfer of jurisdiction or property to authority--Governor's approval.

49-16B-12. Transfer of jurisdiction or property to authority--Governor's approval.Any department, board, commission, agency, or officer of the state may transfer jurisdiction of or title to any property under its or the officer's control to the authority if the transfer is approved, in writing, by the Governor, as being advantageous to the state. Source: SL 1980, ch 323, §12; SL 2010, ch 145, §192.
SD Codified L § 49-16B-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-13 - Acquisition of property--Construction and maintenance of railroad facilities.

49-16B-13. Acquisition of property--Construction and maintenance of railroad facilities.To accomplish projects of the kind listed in §49-16B-10 the authority may acquire by purchase, condemnation, including the power of condemnation in accordance with chapters 21-35 and 31-19, including the eminent domain and declaration of taking sections therein, gift or otherwise. The authority may construct, maintain, and equip railroad facilities as the Legislature by law declares to be in the public interest. In the course of such activities, the authority may acquire property of any kind and description, whether real, personal or mixed, by gift, purchase, or otherwise. The authority may also acquire real estate of the State of South Dakota controlled by any officer, department, board, commission, or other agency of the state, the jurisdiction of which is transferred by the officer, department, board, commission, or other agency, to the authority. Source: SL 1980, ch 323, §13; SL 2010, ch 145, §193.
SD Codified L § 49-16B-13.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-13.1 - Approval of expenditures by railroad board and Governor.

49-16B-13.1. Approval of expenditures by railroad board and Governor.The authority shall receive approval for all proposed expenditures from the South Dakota State Railroad Board and the Governor. Source: SL 1981, ch 100, §5; SL 2010, ch 145, §194.
SD Codified L § 49-16B-13.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-13.2 - Maintenance of public railroad property by Department of Transportation.

49-16B-13.2. Maintenance of public railroad property by Department of Transportation.The Department of Transportation, in accord with its obligation to maintain certain public highways under §31-5-1, shall maintain the public railroad property purchased and owned by the state pursuant to chapter 49-16B. Source: SL 1981, ch 331, §4; SL 2010, ch 145, §195.
SD Codified L § 49-16B-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-14 - Department of Transportation's powers as to projects.

49-16B-14. Department of Transportation's powers as to projects.The Department of Transportation shall prepare or review and approve plans and specifications for and have supervision over any project to be undertaken by the authority. Source: SL 1980, ch 323, §14; SL 1996, ch 20, §24.
SD Codified L § 49-16B-15 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-15 - Lease of facilities and sites.

49-16B-15. Lease of facilities and sites.To accomplish projects of the kind listed in §49-16B-10, the authority may execute leases of facilities and sites to, and charge for the use of any such facilities and sites by the Department of Transportation or other lessee. Leases may be entered into contemporaneously with any financing to be done by the authority and payments under the terms of a lease shall begin at any time after execution of any lease. Source: SL 1980, ch 323, §15; SL 1981 (2d SS), ch 4, §6; SL 1996, ch 20, §25.
SD Codified L § 49-16B-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-16 - Lease terms, conditions and rentals.

49-16B-16. Lease terms, conditions and rentals.Leases may be:(1)Upon such terms, conditions, and rentals as in the judgment of the authority are in the public interest; or(2)For a term of one year, with an option in the lessee to extend the term of the lease for a term of one year from the expiration of the original term of the lease and for one year from the expiration of each extended term of the lease, until the original term of the lease has been extended for a total number of years to be agreed upon by the parties at a rental which, if paid for the original term and for each of the full number of years for which the term of the lease may be extended, will amortize the total cost of the project financed.The rental shall be paid at such times as the parties to the lease agree. Source: SL 1980, ch 323, §16; SL 1981 (2d SS), ch 4, §7.
SD Codified L § 49-16B-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-17 - Leases to contain option to purchase--Purchase price.

49-16B-17. Leases to contain option to purchase--Purchase price.The lease shall provide that the lessee may, at the expiration of the original or any extended term, purchase the leased premises at a stated price, which shall be the balance of the total cost of the project financed not amortized by the payments of rents previously made by the lessee. The lease shall provide that in the event of the exercise of the option to purchase the leased premises or in the event the lease has been extended for the full number of years which it is agreed the same may be extended, and all rents and payments provided for in the lease have been made, the lessor shall convey the premises to the lessee. Source: SL 1980, ch 323, §17.
SD Codified L § 49-16B-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-18 - Lease provisions for lessee's payment of taxes, insurance and other costs.

49-16B-18. Lease provisions for lessee's payment of taxes, insurance and other costs.The lease may provide that the lessee shall, as additional rent for the leased premises, pay all taxes assessed against the leased premises if any, and the cost of insuring, maintaining, repairing, and operating the facilities. Source: SL 1980, ch 323, §18.
SD Codified L § 49-16B-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-19 - Leases to Department of Transportation--Rents payable solely from appropriations--Amount.

49-16B-19. Leases to Department of Transportation--Rents payable solely from appropriations--Amount.Leases to the Department of Transportation shall contain the provision that rents under the leases are payable solely from appropriations to be made by the Legislature for the payment of rent under the leases may not exceed an amount sufficient to pay principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance. Source: SL 1980, ch 323, §19; SL 1996, ch 20, §26.
SD Codified L § 49-16B-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-20 - Nonpayment of rent--Maintenance, operation, or lease of facilities.

49-16B-20. Nonpayment of rent--Maintenance, operation, or lease of facilities.The authority may, in the event of nonpayment of rents reserved in such leases, maintain and operate the facilities and sites or execute leases of the facilities and sites to others for any suitable purposes. Source: SL 1980, ch 323, §20; SL 2010, ch 145, §196.
SD Codified L § 49-16B-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-21 - Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.

49-16B-21. Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.The charges, fees, or rentals established by the authority for the use of any facilities acquired, constructed, completed, or equipped in whole or in part with the proceeds of the bonds or instruments issued as provided in this chapter and leased to lessees other than the Department of Transportation shall be sufficient at all times to pay maintenance and operation costs for the facilities (unless under a lease maintenance and operation costs are otherwise provided for), principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance and may provide for conveyance of the facilities to the lessee at the conclusion of the term of the lease. Source: SL 1980, ch 323, §20; SL 1981 (2d SS), ch 4, §8; SL 1996, ch 20, §27.
SD Codified L § 49-16B-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-22 - Tax exempt status of authority's property.

49-16B-22. Tax exempt status of authority's property.All property owned by the authority is exempt from taxation. Source: SL 1980, ch 323, §21.
SD Codified L § 49-16B-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-23 - Negotiable revenue bonds--Resolution for issuance--Legislative approval.

49-16B-23. Negotiable revenue bonds--Resolution for issuance--Legislative approval.The authority may at one time, or from time to time, provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of one or combination of projects. However, no revenue bonds may be sold to raise the funds for payment of such project until after the Legislature by law declares the same to be in the public interest. Source: SL 1980, ch 323, §22.
SD Codified L § 49-16B-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-24 - Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues.

49-16B-24. Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues.To accomplish projects of the kind listed in §49-16B-10, the authority may borrow money and issue and sell bonds in such amount or amounts as the authority may determine for the purpose of acquiring, improving or equipping any such facility; refund and refinance the same from time to time as often as advantageous and in the public interest to do so; and pledge any and all income of such authority, and any revenues derived by the authority from such facilities, or any combination thereof, to secure the payment of such bonds and redeem such bonds. All such bonds shall be subject to the provisions of §§49-16B-25 to 49-16B-30, inclusive. Source: SL 1980, ch 323, §23.
SD Codified L § 49-16B-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-25 - Bonds and notes--Resolution--Issuance--Terms.

49-16B-25. Bonds and notes--Resolution--Issuance--Terms.Bonds or notes of the authority shall be authorized by resolution of the authority and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series. The bonds or notes shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such conversion, exchange and registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or outside the state, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the resolution, trust indenture or security agreement may provide. The bonds or notes may not be restricted by any other law limiting amounts, maturities, interest rates, or other terms or obligations of public agencies or private persons. Source: SL 1980, ch 323, §24; SL 2010, ch 145, §197.
SD Codified L § 49-16B-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-26 - Bonds--Repayment from lease income and revenues from facilities financed.

49-16B-26. Bonds--Repayment from lease income and revenues from facilities financed.Such bonds shall be payable solely and only from:(1)Income to be derived from rental leases as provided in §§49-16B-15 to 49-16B-21, inclusive; and(2)Revenues to be derived by the authority from the operation of such facilities acquired, constructed, improved, or equipped in whole or in part with the proceeds of such bonds. Source: SL 1980, ch 323, §25.
SD Codified L § 49-16B-27 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-27 - Bonds--Execution and registration--Officers' signatures.

49-16B-27. Bonds--Execution and registration--Officers' signatures.Bonds shall be executed by officers of the authority as shall be designated by the authority, and shall be registered by the state auditor of the State of South Dakota. Any bonds bearing the signature of officers in office at the date of signing thereof shall be valid and binding for all purposes, notwithstanding that before delivery thereof any or all persons whose signature appears thereon shall have ceased to be officers. Source: SL 1980, ch 323, §26.
SD Codified L § 49-16B-28 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16B - South Dakota Railroad Authority|Section 49-16B-28 - Bonds--Statements on face.

49-16B-28. Bonds--Statements on face.Each bond shall state upon its face that it is payable solely from revenues derived by the authority from the operation of facilities acquired, constructed, improved, or equipped in whole or in part with the proceeds of the sale of such bonds, including income to be derived from rental leases as provided in §§49-16B-15 to 49-16B-21, inclusive. Each bond shall state upon its face that it does not constitute an obligation of the State of South Dakota within the meaning of any provisions of the Constitution or statutes of the State of South Dakota. Source: SL 1980, ch 323, §27.