reglab/housing_qa huggingface dataset:
SD Codified L § 49-7-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-16 - Certificate issued by commissioner.

49-7-16. Certificate issued by commissioner.The commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the pipeline company to take, hold, and use such lands for the purposes of its pipelines. Source: SL 1980, ch 321, §6.
SD Codified L § 49-7-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-17 - Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.

49-7-17. Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.The filing with the commissioner of school and public lands of the map required by §49-7-16 subject to the provisions of this chapter, authorizes the pipeline company, for one year from the filing date, to enter on the land surveyed and selected and construct a pipeline. If the pipeline company does not construct its pipeline across such land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map. Source: SL 1980, ch 321, §7.
SD Codified L § 49-7-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-18 - Payment for school and public lands taken--Valuation--Governor's deed--Reverter.

49-7-18. Payment for school and public lands taken--Valuation--Governor's deed--Reverter.Before a pipeline is constructed over school and public lands, payment of the full value of the lands so taken must be made, the value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right-of-way, to the pipeline company constructing the pipeline, the right to hold and use such lands for such purposes only as authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office. The deed shall contain the provisions that should the land cease to be used, for a period of two years, for the purpose for which the deed was granted, the right-of-way shall revert to the state. Source: SL 1980, ch 321, §8.
SD Codified L § 49-7-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-19 - Relation back of title.

49-7-19. Relation back of title.The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to §49-7-16. No subsequent grant from the state to any other person of any tract of land shall divest the pipeline company of its rights authorized by this chapter. Source: SL 1980, ch 321, §9.
SD Codified L § 49-7-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-20 - Right to enter and cross school and public lands.

49-7-20. Right to enter and cross school and public lands.Nothing in this chapter may be so construed as to prevent any other person from obtaining the right to enter upon and cross school or other public lands of the state and to maintain his right-of-way across or along such lands. Source: SL 1980, ch 321, §10.
SD Codified L § 49-7-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07 - Right-Of-Way For Carrier Facilities|Section 49-7-22 - Telecommunications and electrical facilities across school and public lands.

49-7-22. Telecommunications and electrical facilities across school and public lands.Section 49-7-2 and §§49-7-11 to 49-7-21, inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right-of-way on school and public lands for the construction, operation, or maintenance of telecommunications or electric transmission lines including such land as may be reasonably necessary for stations, substations, or buildings necessary for the transmission of telecommunications messages or electrical energy. Source: SL 1980, ch 321, §13; SL 1987, ch 345, §1.
SD Codified L § 49-7A-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-2 - Establishment of One-Call Notification Board.

49-7A-2. Establishment of One-Call Notification Board.The Statewide One-Call Notification Board is established as an agency of state government and funded by revenue generated by the one-call notification center. The board is attached to the Public Utilities Commission only for budgetary purposes. The board is solely responsible for all contractors and employment of any personnel working for the board and retains responsibility for all funds of the board and all expenditures thereof. The board is solely responsible for all functions and duties vested in the board and the board shall exercise those functions and duties independent of the Public Utilities Commission. Any interest earned on money in the state one-call fund shall be deposited in the fund. The money is continuously appropriated to the board to implement and administer the provisions of this chapter. The one-call notification center may be organized as a nonprofit corporation. The one-call notification center shall provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. All operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to applicable penalties under §§49-7A-18 and 49-7A-19 and is subject to civil liability for any damages caused by noncompliance with this chapter. Any penalties which may be assessed by the board under this chapter shall be collected as provided by law and deposited into the one-call fund. Source: SL 1993, ch 346, §2; SL 1994, ch 354, §2; SL 1997, ch 263, §1; SL 2002, ch 211, §1; SL 2018, ch 261, §1, eff. July 1, 2019.
SD Codified L § 49-7A-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-3 - Governing board--Representation--Term of appointment.

49-7A-3. Governing board--Representation--Term of appointment.The one-call notification center shall be governed by an eleven member board who shall serve without pay. The board shall consist of one member representing telecommunication companies offering local exchange service to less than fifty thousand subscribers; one member representing telecommunication companies offering local exchange service to fifty thousand or more subscribers; one member representing rural water systems; one member representing rural electric cooperatives; one member representing investor-owned electric utilities; one member representing investor-owned natural gas utilities; one member representing community antenna television systems; one member representing municipalities; one member representing underground interstate carriers of gas or petroleum; and two members representing contractors who perform excavation services. The board shall be appointed by the Governor and shall serve staggered three-year terms. Source: SL 1993, ch 346, §3; SL 1997, ch 263, §15.
SD Codified L § 49-7A-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-4 - Rules--Operating procedures.

49-7A-4. Rules--Operating procedures.The One-Call Notification Board shall by rules, promulgated pursuant to chapter 1-26, establish the procedures to operate a nonprofit one-call notification center, establish the procedures that regulate the notification process and marking of underground facilities to prevent damage to underground facilities, establish the procedures for gathering information from facility operators that could further improve the ability to reduce damage to underground facilities, establish a competitive bidding procedure to select a vendor to provide the notification service, and establish a procedure whereby members of the one-call notification center share in the costs of the one-call notification center. Source: SL 1993, ch 346, §4; SL 1994, ch 354, §3; SL 1997, ch 263, §14; SL 2002, ch 211, §2.
SD Codified L § 49-7A-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-5 - Notification of proposed excavation.

49-7A-5. Notification of proposed excavation.No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board pursuant to rules promulgated pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays of the state. The board may promulgate rules to reduce the forty-eight-hour interval for emergency or subsequent inquiries to the original locate request and may lengthen the forty-eight-hour interval for nonexcavation requests. Source: SL 1993, ch 346, §6; SL 1994, ch 354, §4; SL 1997, ch 263, §2; SL 2002, ch 211, §3; SL 2007, ch 264, §2.
SD Codified L § 49-7A-6.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-6.1 - Operator not to be billed when location of excavation on notice differs from location of operator's facility.

49-7A-6.1. Operator not to be billed when location of excavation on notice differs from location of operator's facility.No operator may be billed for the costs of any notification of excavation if the location of the excavation described in the notice is different than the one call center's record of the description of the location of the operator's underground facilities. Source: SL 2001, ch 251, §1; SL 2002, ch 211, §5.
SD Codified L § 49-7A-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-7 - Duties of one-call notification center.

49-7A-7. Duties of one-call notification center.The one-call notification center shall:(1)File with the register of deeds of each county the toll-free telephone number for notification of planned excavation activities in its area;(2)Maintain adequate records documenting compliance with the requirements of this chapter, including records of all telephone calls and records of all location requests for the preceding forty-eight months which can be obtained by request of either a member or excavator;(3)Provide the service at minimum, during normal working hours, on business days;(4)For calls received after normal working hours for the one-call notification center, or on nonbusiness days, provide information for callers which explains emergency notification and excavation procedures; and(5)Provide a timely method for notifying participating members of the information received regarding proposed excavation activities. The method of notification is to be determined by the one-call notification center and its members. Source: SL 1993, ch 346, §8.
SD Codified L § 49-7A-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-8 - Location of underground facilities--Marking.

49-7A-8. Location of underground facilities--Marking.An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable marking within eighteen inches horizontally from the exterior sides of the underground facilities. The board shall promulgate rules, pursuant to chapter 1-26, to establish the response time for operators to mark the underground facilities. The response time shall be no later than forty-eight hours after the receipt of the notice, excluding Saturdays, Sundays, and legal holidays of the state or the excavation start time provided by the excavator, whichever is later. The response time may be less than forty-eight hours for emergency or subsequent inquiries to the original locate request and may be longer than forty-eight hours for nonexcavation requests. Excavators shall maintain a minimum horizontal clearance of eighteen inches between a marked underground facility and the cutting edge of any mechanical equipment. If excavation is required within eighteen inches, horizontally, the excavator shall expose the facility with hand tools or noninvasive methods approved pursuant to rule and shall protect and support the facility prior to further excavation with mechanical equipment. Source: SL 1993, ch 346, §9; SL 1997, ch 263, §4; SL 2002, ch 211, §6.
SD Codified L § 49-7A-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.

49-7A-9. Failure to provide timely location markings--Inadequate markings--Liability.If location markings requested by an excavator are not provided within the time specified by §49-7A-8 or any rule promulgated pursuant to §49-7A-8, or if the location markings provided fail to identify the location of the underground facilities in accordance with statute and rule, any excavator damaging or injuring underground facilities is not liable for such damage or injury except on proof of negligence. Source: SL 1993, ch 346, §10; SL 2002, ch 211, §7.
SD Codified L § 49-7A-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-10 - Liability for damage to underground facility.

49-7A-10. Liability for damage to underground facility.Compliance with this chapter and the rules promulgated pursuant thereto does not excuse a person from acting in a careful and prudent manner nor does compliance with this chapter and the rules promulgated pursuant thereto affect any civil remedies otherwise provided by law for personal injury or for property damage except as specifically provided in this chapter. If information requested pursuant to statute or rule, is provided within the time specified and if the information provided sufficiently identifies the location of the underground facilities in accordance with §49-7A-8 or any rule promulgated pursuant to §49-7A-8, any excavator damaging or injuring the underground facilities is strictly liable for all damage proximately caused thereby. Source: SL 1993, ch 346, §11; SL 2002, ch 211, §8.
SD Codified L § 49-7A-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-12 - Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.

49-7A-12. Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal any damage, dislocation, or disturbance, nor may that excavator attempt to make any repair to the facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall immediately report the escape to the authorities by calling the 911 emergency telephone number and notifying the one-call notification center and, if known, the operator of the facility. Source: SL 1993, ch 346, §13; SL 1997, ch 263, §6; SL 2002, ch 211, §10; SL 2018, ch 262, §1.
SD Codified L § 49-7A-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-13 - Inability to locate underground facility.

49-7A-13. Inability to locate underground facility.If in the course of excavation the excavator is unable to locate the underground facility or discovers that the operator of the underground facility has incorrectly located the underground facility, he shall promptly notify the operator, or, if unknown, the one-call notification center. Source: SL 1993, ch 346, §14.
SD Codified L § 49-7A-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-14 - Local permit requirements unaffected.

49-7A-14. Local permit requirements unaffected.This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter. Source: SL 1993, ch 346, §15.
SD Codified L § 49-7A-15 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-15 - Owners and operators of underground facilities required to register with one call notification system.

49-7A-15. Owners and operators of underground facilities required to register with one call notification system.Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an operator pursuant to this chapter. Source: SL 1993, ch 346, §16; SL 2017, ch 197, §5.
SD Codified L § 49-7A-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-17 - Complaints--Rules of Practice.

49-7A-17. Complaints--Rules of Practice.Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8, may apply to the board for relief. No complaint may be dismissed because of the absence of direct damage to the complainant or petitioner. The board may promulgate rules of practice prescribing the form for complaints in accordance with chapter 1-26. Source: SL 2002, ch 211, §11.
SD Codified L § 49-7A-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-18 - Penalties.

49-7A-18. Penalties.Except as provided in §49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to one thousand dollars for the first violation and up to five thousand dollars for each subsequent violation that occurs within twelve months of the initial violation. Source: SL 2002, ch 211, §12.
SD Codified L § 49-7A-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-19 - Penalties for intentional violations.

49-7A-19. Penalties for intentional violations.In addition to all other penalties provided by law, any person who intentionally violates or who intentionally procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to five thousand dollars for the first violation and up to ten thousand dollars for each subsequent violation that occurs within twelve months of the initial violation. Source: SL 2002, ch 211, §13.
SD Codified L § 49-7A-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-20 - Each violation as separate offense.

49-7A-20. Each violation as separate offense.Each violation of any statute or rule of the Statewide One-Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation. Source: SL 2002, ch 211, §14.
SD Codified L § 49-7A-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.

49-7A-21. Complaint and order prerequisites for penalty--Time limit.No penalty may be imposed pursuant to §§49-7A-18 and 49-7A-19 except by order following a complaint pursuant to §49-7A-17. A complaint alleging a violation of any statute, except §49-7A-12, or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later than ninety days after the discovery of the alleged violation, but in no case may the complaint be brought more than one year after the date of the alleged violation. Any complaint alleging a violation of §49-7A-12 shall be brought within one year of discovery of the alleged violation. Source: SL 2002, ch 211, §15; SL 2010, ch 220, §1.
SD Codified L § 49-7A-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-22 - Panel to determine existence of probable cause for violation--Recommendation to board.

49-7A-22. Panel to determine existence of probable cause for violation--Recommendation to board.Upon the initiation of a complaint pursuant to §49-7A-17, a panel of three or five members of the Statewide One-Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been a violation of any statute or rule of the board. A determination of whether there is probable cause to believe there has been a violation shall be determined by a majority vote of the panel. The panel shall then recommend to the board that the complaint be dismissed for lack of probable cause, or recommend to the board that there is probable cause to believe that there has been a violation and recommend what penalty, if any, should be imposed pursuant to the provisions of §49-7A-18 or 49-7A-19. Source: SL 2002, ch 211, §16.