reglab/housing_qa huggingface dataset:
SD Codified L § 10-28-11 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-11 - Nonoperating property defined--Rules.

10-28-11. Nonoperating property defined--Rules.The term "nonoperating property" means all land and improvements on such land, not situated on the right-of-way or station grounds of the railroad and not used as "operating property" within the meaning of the definition set out in §§10-28-1 and 10-28-2. The secretary of revenue may promulgate rules pursuant to chapter 1-26 to define "nonoperating property." Source: SDC 1939, §57.1301; SL 1987, ch 82, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-12 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-12 - Unit valuation of railroad operating property.

10-28-12. Unit valuation of railroad operating property.The secretary of revenue shall, in determining the fair market value of the property, value all the property of any railroad company as a unit, but shall make due allowance for any nonoperating property. Source: SDC 1939, §57.1305; SL 1997, ch 61, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-13 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-13 - Cost approach, market approach and income approach considered in determination of value of railroad company property.

10-28-13. Cost approach, market approach and income approach considered in determination of value of railroad company property.For the purpose of determining the fair market value of the property of any railroad company, the secretary of revenue shall take into consideration the cost approach, the market approach, and the income approach to appraisal. In the market approach, the secretary shall consider the actual or market value of the shares of stock outstanding, the actual or market value of all bonds outstanding and all other indebtedness as may be applicable, for operating the road. In the income approach, the secretary may consider the company's growth rate and the rate of inflation in determining the capitalization rate. The secretary of revenue may take into consideration any other information or data of any kind or nature which the secretary deems material in arriving at the fair market value of the property. Source: SDC 1939, §57.1305; SL 1996, ch 77, §6; SL 1997, ch 61, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-14 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-14 - Department of Transportation to assist in valuation.

10-28-14. Department of Transportation to assist in valuation.The secretary of revenue, as an aid to this determination of value as provided by this chapter, may call upon the Department of Transportation for any information and facts which the department may have concerning the property of any railroad company in this state. The Department of Transportation shall furnish the information upon request. Source: SDC 1939, §57.1305; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 64, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-15 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-15 - Notice to railroad of assessment--Hearing--Notice of equalized assessment.

10-28-15. Notice to railroad of assessment--Hearing--Notice of equalized assessment.The Department of Revenue shall give notice by registered or certified mail to the officer of any railroad company making a return of property, of the assessment and equalization made by it, and such notice shall fix a time not less than ten days after the mailing thereof, when such railroad company may appear before the secretary of revenue and be heard upon all matters relating to such assessment. The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning the conduct of such hearings. Source: SDC 1939, §57.1306; SL 1987, ch 82, §8; SL 1994, ch 73, §31; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-16 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-16 - Notice to county auditors of railroad mileage and assessments--Distribution.

10-28-16. Notice to county auditors of railroad mileage and assessments--Distribution.The Department of Revenue shall, on or before the fourth Monday in August, each year, transmit to the county auditor of each county through which any railroad runs, a statement showing the length of main track, of main line or lines, and the branches thereof and sidetracks within such county, and the assessed value based on a statewide formula that weights traffic (ton miles) fifty percent and miles of track in the county by fifty percent. The county auditor shall then distribute the value to each taxing district where the line runs on a per mile basis within the county. Source: SDC 1939, §57.1307; SL 1992, ch 60, §2; SL 1996, ch 78, §1; SL 1999, ch 222, §8; SL 2003, ch 57, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-18 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-18 - Determination by county commissioners of railroad valuations in taxing districts--Entry in assessment records--Notice to taxing districts.

10-28-18. Determination by county commissioners of railroad valuations in taxing districts--Entry in assessment records--Notice to taxing districts.It shall be the duty of the county auditor, after receiving such statement from the Department of Revenue, to turn such statement over to the board of county commissioners, who, at its first meeting after receiving such statement, shall make and enter in the proper record an order stating and declaring the length of the main track of road, branches, and sidetracks and assessed valuation of such road, branches, and sidetracks lying within each township and lesser taxing district in the county through or into which such road or branches thereof run as fixed by the rate of assessment per mile as made by the Department of Revenue; and shall also enter in the proper record the assessment made by the Department of Revenue of the railroad property in such county located within the limits of each municipality transmitted to the city auditor or town clerk thereof, and the amounts so entered of record shall constitute the taxable value of such property for all taxable purposes. They shall transmit a copy of such order and record to the city auditor of each first or second class municipality, the clerk of each third class municipality or civil township, and the proper officer of each lesser taxing district and also to such railroad company. Source: SDC 1939, §57.1308; SL 1992, ch 60, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-19 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-19 - Railroad map filed with county auditor--Exemption of operating property from local assessment.

10-28-19. Railroad map filed with county auditor--Exemption of operating property from local assessment.Every railroad company shall keep on file, with the county auditor of each county through or into which its line or lines of railroad run, a map showing correctly the right-of-way, length of sidetracks outside the corporate limits of municipalities, depot grounds, yard room, gravel or sand beds, and lands for snow protection, and lands otherwise actually and necessarily used by it in the maintenance and operation of its railway at the date of filing such map showing lots or parts of lots and blocks in municipalities and the number of acres in each government subdivision, and it shall be the duty of the county auditor to provide for the exception from assessment by the director of equalization of all such right-of-way, depot grounds, yard room, gravel or sand beds, and lands for snow protection, or land otherwise actually and necessarily used in the operation of its railway. Source: SL 1915, ch 100, §12; RC 1919, §6607; SL 1923, ch 112; SDC 1939, §57.1309; SL 1989, ch 82, §41; SL 1992, ch 60, §2.
SD Codified L § 10-28-20 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-20 - Notice to county auditor of deeds to railroads--Entry on railroad map.

10-28-20. Notice to county auditor of deeds to railroads--Entry on railroad map.It shall be the duty of the register of deeds of the county to notify the county auditor of any deed to any railroad company for the right-of-way, depot grounds, yard room, gravel or sand beds, or lands for snow protection, that may be filed in his office for record so that the same may be entered by such county auditor on such map for the purposes mentioned in §10-28-19. Source: SL 1915, ch 100, §12; RC 1919, §6607; SL 1923, ch 112; SDC 1939, §57.1309.
SD Codified L § 10-28-21 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21 - Application of tax levies against railroad property--Extension in railroad tax book.

10-28-21. Application of tax levies against railroad property--Extension in railroad tax book.All railroad property assessed by the Department of Revenue shall be taxable upon such assessment at the same rates and for the same purposes as the property of individuals within such counties, municipalities, civil townships, and lesser taxing districts. The proper officer of each taxing district shall certify to the county auditor the several amounts to be levied in such district, and the county auditor shall extend the taxes against such assessment in a book to be called the "railroad tax book," and shall transmit a copy of the taxes so extended to each railroad company. Source: SDC 1939, §57.1310; SL 1992, ch 60, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-28-21.2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21.2 - Tax credit for expenses of a capital nature incurred by public railroad or railway corporation--Application of credit.

10-28-21.2. Tax credit for expenses of a capital nature incurred by public railroad or railway corporation--Application of credit.Any publicly operated railroad or railway corporation operating over rail lines owned by the publicly operated railroad or railway corporation located within this state may claim a credit against the tax levied on the rail lines for amounts that the railroad or railway corporation has certified as having been expended in the replacement, improvement, and repair of the rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be on forms provided by the Department of Revenue. The labor and material expenses certified pursuant to this section shall be itemized separately by rail line and mile post locations. The credit provided in this section shall be applied proportionally across the railroad's entire mainline within this state, excluding any portion of the mainline that goes over ten million gross ton miles of revenue freight per mile annually in a calendar year. The credit shall be applied to tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for:(1)The repair or replacement of railway line necessitated by washout, fire, or train derailment;(2)Any portion of a project that is funded with state or federal grant funds or paid for by any third party; or(3)Any expenses of a capital nature that are made on a segment of the rail line that exceeds ten million gross ton miles of revenue freight per mile in the previous calendar year. Source: SL 2003, ch 57, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2004, ch 88, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 58, §1.
SD Codified L § 10-28-21.3 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21.3 - Expenses of a capital nature defined.

10-28-21.3. Expenses of a capital nature defined.Expenses of a capital nature contained in §10-28-21.2 are as defined in CFR 49 Parts 1200 through 1219 Subpart A Uniform Systems of Accounts for Railroad Companies, as amended through January 1, 2014, for Class 1 railroads or as defined in accordance with generally accepted accounting principles for regulated industries for Class 2 and Class 3 railroads. Source: SL 2004, ch 88, §2; SL 2014, ch 58, §2.
SD Codified L § 10-28-21.4 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21.4 - Capital improvement plan required to claim tax credit.

10-28-21.4. Capital improvement plan required to claim tax credit.Each year the railroad or railroad corporation requesting tax credits shall prepare a capital improvement plan detailing the proposed mainline and secondary line capital improvement projects including the project scope, estimated value, approximate scheduling of the projects, and the current category of the line on the railroad's system diagram map as provided in 49 CFR §1152.10 as of January 1, 2014. The plan shall be presented to the Department of Transportation by March first of each year for any capital improvement project for which a tax credit will be requested. Source: SL 2004, ch 88, §3; SL 2014, ch 58, §3.
SD Codified L § 10-28-21.5 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21.5 - Notification of completion of capital project--Inspection and audit--Eligibility for credit--Administrative hearing.

10-28-21.5. Notification of completion of capital project--Inspection and audit--Eligibility for credit--Administrative hearing.The railroad shall annually notify the Department of Transportation of completion of any capital project. However, if the cost of the capital project exceeds three hundred thousand dollars, the railroad shall notify the department immediately upon completion. The department may conduct a verification inspection of capital improvement project completion and may audit the capital improvement project according to South Dakota Department of Transportation Audit guidelines and the Federal-Aid Policy Guide 23 CFR Chapter 1, Subchapter B, Part 140, Subpart 1, as amended through January 1, 2014, to determine project value. The department shall report its findings to each county where the railroad has requested a tax credit. Only those capital expenses that have been claimed on the railroad's certification and verified by the department are eligible for a credit pursuant to §10-28-21.2. Any railroad aggrieved by the decision of the department concerning the eligibility of a claimed capital expenditure for the tax credit authorized by §10-28-21.2 is entitled to an administrative hearing conducted in accordance with the provisions of chapter 1-26. Source: SL 2004, ch 88, §4; SL 2014, ch 58, §4.
SD Codified L § 10-28-21.6 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-21.6 - Promulgation of rules on capital expense tax credits.

10-28-21.6. Promulgation of rules on capital expense tax credits.The State Railroad Board shall, in accordance with chapter 1-26, promulgate rules establishing the form upon which a railroad shall submit verification information for capital expenses being claimed as tax credits authorized by §10-28-21.2, when the information is to be submitted, and the manner in which the certification is submitted. Source: SL 2004, ch 88, §5.
SD Codified L § 10-28-22 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-22 - Duplicate railroad tax book delivered to county treasurer--Collection and distribution of railroad taxes.

10-28-22. Duplicate railroad tax book delivered to county treasurer--Collection and distribution of railroad taxes.The county auditor shall make and deliver a duplicate of such railroad tax book to the county treasurer, and the county treasurer shall be charged with the collection of such railroad taxes; and the amount due each municipality, civil township, or lesser taxing district shall be paid over when collected by the county treasurer to such municipality, township, or lesser taxing district. Source: SL 1915, ch 100, §10; RC 1919, §6605; SDC 1939, §57.1310; SL 1992, ch 60, §2.
SD Codified L § 10-28-23 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-23 - Collection of delinquent railroad taxes.

10-28-23. Collection of delinquent railroad taxes.All laws relating to the enforcement of the payment of delinquent taxes shall be applicable to all taxes levied under the provisions of this chapter, and whenever any taxes levied under the provisions of this chapter shall become delinquent, the county treasurer having control of such delinquent taxes may proceed to collect the same in the same manner and with the same right and power as a sheriff under execution, except that no process shall be necessary to authorize him to sell engines, cars, or any rolling stock for collection of such taxes. Source: SL 1915, ch 100, §11; RC 1919, §6606; SDC 1939, §57.1311.
SD Codified L § 10-28-24 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-24 - Exemption of railroad companies operating over state-owned rail lines.

10-28-24. Exemption of railroad companies operating over state-owned rail lines.Any railroad company operating over state-owned rail lines while under contract to the state is exempt from the provisions of chapter 10-28 only for purposes of assessment and taxation of railroad property. Source: SL 1981, ch 331, §13.
SD Codified L § 10-28-25 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 28 - Taxation Of Railroad Operating Property|Section 10-28-25 - Promulgation of rules concerning leased property.

10-28-25. Promulgation of rules concerning leased property.The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning the assessment and reporting of leased property. Source: SL 1995, ch 53, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-29-1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 29 - Taxation Of Airline Flight Property|Section 10-29-1 - Definition of terms.

10-29-1. Definition of terms.Terms as used in this chapter mean:(1)"Air commerce," the transportation by aircraft of persons or property for hire in interstate or international transportation on regularly scheduled flights;(2)"Aircraft," any contrivance used or designed for navigation of, or flight in the air;(3)"Airline company," any person who undertakes directly to engage in the business of air commerce;(4)"Flight property," all aircraft fully equipped ready for flight used in air commerce;(5)"Flight time," hours spent by aircraft in flight on regularly scheduled flights;(6)"Person," any individual, corporation, limited liability company, firm, copartnership, company, or association and includes any guardian, trustee, personal representative, receiver, conservator, or any person acting in any fiduciary capacity therefor;(7)"Secretary," the secretary of revenue. Source: SL 1961, ch 449, §1; SL 1994, ch 351, §15; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-29-2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 29 - Taxation Of Airline Flight Property|Section 10-29-2 - Department to assess flight property.

10-29-2. Department to assess flight property.Flight property of airline companies operating in the state shall be assessed for the purpose of taxation by the Department of Revenue and not otherwise. Source: SL 1961, ch 449, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-29-3 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 29 - Taxation Of Airline Flight Property|Section 10-29-3 - Annual report required of airline company--Date of filing--Contents.

10-29-3. Annual report required of airline company--Date of filing--Contents.It shall be the duty of every airline company doing business in the state to furnish to the Department of Revenue on or before the first day of June of each year, a report under oath on forms furnished by the department according to instructions issued by the secretary of revenue with reference to property owned, leased or controlled on the first day of January of the year for which the report is made. Such report shall include the following: Name of company; nature of company; location of principal office; officers of company; annual financial statement; total tonnage of passengers, express and freight first received and finally discharged in the state; total hours flown by aircraft serving the state; total revenue ton miles in the state; total ton miles within and without the state; air flight property accounts by types of equipment; inventory of real and personal property by location, and original cost. Source: SL 1961, ch 449, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-29-4 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 29 - Taxation Of Airline Flight Property|Section 10-29-4 - Additional information in annual report--Blanks furnished.

10-29-4. Additional information in annual report--Blanks furnished.Such other facts or information may be furnished as the company may deem material upon the question of its taxation within the state. The company shall furnish such other facts or information as the secretary of revenue shall call for. Blanks for making the statement required by §10-29-3 shall be prepared and furnished by the Department of Revenue. Source: SL 1961, ch 449, §4; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-29-5 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 29 - Taxation Of Airline Flight Property|Section 10-29-5 - Extension of time for filing of report.

10-29-5. Extension of time for filing of report.The secretary of revenue for good cause may extend the time for filing such report, provided, however, such extension shall not exceed thirty days. Source: SL 1961, ch 449, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.