reglab/housing_qa huggingface dataset:
SD Codified L § 49-16A-50 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-50 - Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.

49-16A-50. Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.Each railroad authorized to construct, operate, or maintain roads within this state, subject to the provisions of this chapter, may construct its roads across, along, or upon any stream of water, watercourse, street, highway, toll road, turnpike, levee, river front, or public landing, or canal, which its route intersects or touches; may carry any highway, street, toll road, or turnpike which it touches, intersects, or crosses, over or under its track, as may be most expedient for the public good; and may change the course or direction of any highway, street, turnpike, or toll road when made necessary or desirable to secure more easy ascent or descent by reason of any embankment or cut made in the construction of its roads, and take land necessary therefor, provided that such highway or road is not changed from its original course by more than ninety-nine feet, nor its distance lengthened for more than eighty-two and one-half feet. Source: SDC 1939, §52.0801 (5); SDCL, §49-16-10; SL 1980, ch 322, §49.
SD Codified L § 49-16A-51 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-51 - Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.

49-16A-51. Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.Each railroad authorized to construct, operate, or maintain a road within this state, may cross, intersect, join, and unite its road with any other railroad's previously constructed road, at any point on its route and upon the grounds of the other railroad, with the necessary turnouts, sidings, and switches, and other conveniences to further the objects of its connections. Each railroad whose road is intersected by any other railroad's new road shall unite with the other railroad to form such intersections and connections, and grant such facilities. If the railroads cannot agree upon the amount of compensation to be made, or the points and manner of the crossings and connections, the issue shall be determined by the circuit court. But no railroad which obtained a right of way and constructed its road at the point of intersection, before the application for such determination to the court was made, shall be required to alter the grade or change the location of its road. Source: SDC 1939, §52.0801 (6); SDCL, §49-16-11; SL 1980, ch 322, §50.
SD Codified L § 49-16A-52 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-52 - Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.

49-16A-52. Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.Each railroad authorized to construct, operate, or maintain a road within this state, may have and use equal room, ground, rights, privileges, and conveniences for its tracks, switches, sidings, and turnouts on any levee, river bank or front, or public landing, and on any street, block, alley, square, or public ground within an incorporated municipality, any charter or ordinance of any municipality to the contrary notwithstanding. To accomplish this, it may adjust, with other railroads, the ground to be occupied by each with such tracks, switches, sidings, and turnouts. If the railroads cannot agree upon an adjustment or reasonable compensation for damages caused by the adjustment, the adjustment and compensation shall be determined by the circuit court. Source: SDC 1939, §52.0801 (7); SDCL, §49-16-12; SL 1980, ch 322, §51.
SD Codified L § 49-16A-53 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-53 - Changing grade or location for convenience of public travel.

49-16A-53. Changing grade or location for convenience of public travel.If a railroad finds it necessary, for the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or for other reasonable causes, to change the grade or location of any portion of its road, it may make such changes of grade and location not departing from its general route. Source: SDC 1939, §52.0807; SDCL, §49-19-19; SL 1980, ch 322, §52.
SD Codified L § 49-16A-54 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents.

49-16A-54. Liability for damages from change--Time for damage claim--Notice--Nonresidents.A railroad is liable in damages, for injury which may have been caused by a change made pursuant to §49-16A-53, to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation. Source: SDC 1939, §52.0807; SDCL, §49-19-21; SL 1980, ch 322, §53.
SD Codified L § 49-16A-55 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-55 - Authorization to use public lands--Damage to occupant.

49-16A-55. Authorization to use public lands--Damage to occupant.Each railroad is authorized to pass over, occupy, and enjoy all the public land, to the extent and in the manner prescribed by the act of Congress approved March 3, 1875. Any damages accruing to an occupant or possessory claimant, or other person who may reside on or have improvements upon such public land, shall be determined and paid for by the railroad the same as is provided for owners of private lands. Source: SDC 1939, §52.0815; SDCL, §49-20-4; SL 1980, ch 322, §54.
SD Codified L § 49-16A-56 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way.

49-16A-56. Authorization to use school or public lands--Width of right-of-way.Each railroad authorized to construct a road in this state may locate and construct the road across any of the school or other public lands of the state, and may, for that purpose, hold, occupy, and enjoy a right-of-way therefor, fifty feet on each side of the center of the track of the road, and extra width as may be necessary for cuts, embankments, gravel pits, and other works of the road, or for the protection of the road from snow, subject to the approval of the Governor. Source: SDC 1939, §52.0816; SDCL, §49-20-5; SL 1980, ch 322, §55.
SD Codified L § 49-16A-57 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-57 - Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.

49-16A-57. Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.Each railroad authorized to construct a road in this state, that has surveyed its road, shall cause a plat of the road, clearly indicating the boundary line of the right-of-way and area in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated. Source: SDC 1939, §52.0816; SDCL, §49-20-6; SL 1980, ch 322, §56.
SD Codified L § 49-16A-58 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.

49-16A-58. Issuance of certificate reserving school and public lands for railroad.The commissioner of school and public lands shall, upon the filing in his office by any railroad of a map of its road across any of the school or public lands, issue to that railroad a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the railroad to take, hold, and use such lands for the purposes of its railroads. Source: SDC 1939, §52.0816; SDCL, §49-20-7; SL 1980, ch 322, §57.
SD Codified L § 49-16A-59 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-59 - Filing as vesting right to use--Duration of right--Forfeiture for failure to use.

49-16A-59. Filing as vesting right to use--Duration of right--Forfeiture for failure to use.The filing with the commissioner of school and public lands of the map required by §49-16A-58 authorizes the railroad, for one year from the filing date, to enter upon the land so surveyed and selected and construct a road thereon. If the railroad does not construct its road across the land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map. Source: SDC 1939, §52.0816; SDCL, §49-20-8; SL 1980, ch 322, §58.
SD Codified L § 49-16A-60 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.

49-16A-60. Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.As soon as a road is constructed over such school and public lands, proven to the satisfaction of the Governor, and upon paying the full value of the lands taken, such 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 railroad constructing the road, the right to hold and use the lands for purposes 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. Source: SDC 1939, §52.0817; SDCL, §49-20-9; SL 1980, ch 322, §59.
SD Codified L § 49-16A-61 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid.

49-16A-61. Title relates back to filing--Subsequent grants invalid.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 §49-16A-58. No subsequent grant from the state to any other person of any tract of land shall divest the railroad of its rights authorized by this chapter. Source: SDC 1939, §52.0817; SDCL, §49-20-10; SL 1980, ch 322, §60.
SD Codified L § 49-16A-62 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-62 - Other rights-of-way across deeded lands.

49-16A-62. Other rights-of-way across deeded lands.Nothing in this chapter shall 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: SDC 1939, §52.0817; SDCL, §49-20-11; SL 1980, ch 322, §61.
SD Codified L § 49-16A-63 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-63 - Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.

49-16A-63. Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school or other public lands crossed by any road and their location. In disposing of such lands the commissioner shall reserve the right-of-way for the use of the railroad by appropriate description. Source: SDC 1939, §52.0819; SDCL, §49-20-13; SL 1980, ch 322, §62.
SD Codified L § 49-16A-64 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road.

49-16A-64. Plat of proposed road filed with department--Grant of permit to construct road.Any railroad planning to construct a road in this state, and having otherwise complied with all appropriate laws, shall file with the Department of Transportation a plat of the road proposed to be constructed, stating the principal points through which it is planned to construct the road. The department shall, if satisfied that the road is desirable and that there is a probability that it will be constructed, grant a permit to the railroad to construct the road. Source: SDC 1939, §52.0805; SDCL, §49-19-1; SL 1980, ch 322, §63.
SD Codified L § 49-16A-65 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-65 - Factors considered in assessing plat.

49-16A-65. Factors considered in assessing plat.The Department of Transportation may, when assessing a plat submitted pursuant to §49-16A-64, consider all factors it deems relevant, including existing transportation facilities, their structure, physical condition, and location. Source: SL 1980, ch 322, §64.
SD Codified L § 49-16A-66 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-66 - Publicly constructed or acquired railroads as public highways.

49-16A-66. Publicly constructed or acquired railroads as public highways.All roads constructed or acquired by the state or any political subdivision for use by a railroad are works of public necessity and importance and are public highways. Source: SL 1980, ch 322, §65.
SD Codified L § 49-16A-69 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-69 - Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.

49-16A-69. Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.If it appears that the necessity for the drainage of land adjacent to the right-of-way of a railroad is caused by the failure of the railroad to have a sufficient opening in its embankment or any other defect in construction, then the expense of the drainage shall be assessed wholly against the railroad; otherwise it shall be assessed against the complainant, except where the necessity for the drainage is partly attributed to the railroad. In that event the expense shall be apportioned between the railroad and the complainant in an equitable manner. Source: SDC 1939, §52.0830; SDCL, §49-20-18; SL 1980, ch 322, §68.
SD Codified L § 49-16A-71 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition.

49-16A-71. Extension of fireguards along right-of-way--Condemnation procedure--Petition.Whenever a railroad owning or operating any road in this state, and authorized by law to exercise the right of condemning private property, deems it necessary to extend a fireguard along a road or any part of the road, and beyond the limits of the right-of-way of the railroad, it may do so, and for that purpose shall proceed in extending the fireguards in the manner provided by law pertaining to condemnation proceedings. The petition filed shall describe the desired fireguard and give any other particulars necessary to the determination of all the questions involved in the proceedings. Source: SDC 1939, §52.0821; SDCL, §49-20-20; SL 1980, ch 322, §70.
SD Codified L § 49-16A-72 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width.

49-16A-72. Extension of fireguards on unoccupied land--Right to burn--Maximum width.Any railroad within this state deeming it necessary to extend its fireguards may, for that purpose, enter upon any unoccupied land belonging to the state and burn a strip of land not exceeding two hundred feet in width on either side of its right of way. Source: SDC 1939, §52.0822; SDCL, §49-20-21; SL 1980, ch 322, §71.
SD Codified L § 49-16A-73 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-73 - Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.

49-16A-73. Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.Upon application of any interested person the Department of Transportation shall direct the manner in which railroads provide facilities for transferring cars or freight from one railroad's road to another. Each connecting railroad shall pay its proportionate share of the building and maintenance of the tracks and switches necessary to furnish the transfer facilities required by the department. Source: SDC 1939, §52.0242; SDCL, §49-21-14; SL 1980, ch 322, §72.
SD Codified L § 49-16A-74 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-74 - Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.

49-16A-74. Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.In case the connecting railroads cannot agree on the amount which each railroad shall pay pursuant to §49-16A-73, then the amount shall, upon application of either party, be determined by the circuit court for the county where transfer facilities are furnished. Source: SDC 1939, §52.0242; SDCL, §49-21-15; SL 1980, ch 322, §73.
SD Codified L § 49-16A-75 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-75 - Eminent domain power--Authorization by Governor or commission required--Hearing on application.

49-16A-75. Eminent domain power--Authorization by Governor or commission required--Hearing on application.A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute, but only upon obtaining authority from the Governor or if directed by the Governor, or the commission, based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission shall consider the requirements of §§49-16A-75.1 to 49-16A-75.3, inclusive, when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26. However, an impartial hearing examiner may be appointed by the Governor or the commission to administer the proceedings or make recommendations. Any parties who are united in interest or representation shall unite in the filing of an affidavit for change of hearing examiner under the provisions of §1-26D-10. The filing of such affidavit by one party is deemed to be filed by all of the parties. No more than one change of hearing examiner may be granted on request or affidavit made by or on behalf of the same party or parties united in interest under the provisions of §1-26D-10. However, the filing of an affidavit and the first change of hearing examiner does not prevent any other party to the action or any party's attorney from obtaining a change in hearing examiner upon a showing of an unacceptable risk of actual bias or prejudice concerning a party. The Governor or the chair of the commission shall replace the hearing examiner within five business days upon any recusal. A hearing shall be held and a decision rendered on any application within ninety days following the receipt of a new application and upon any application pending before the Governor or the commission on July 1, 2008.The denial or withdrawal of an application does not prejudice the ability of a railroad to resubmit an application. Any appeal, pursuant to chapter 1-26, taken from a decision of the Governor or the commission shall be handled as an expedited appeal by the courts of this state. Source: SL 1980, ch 322, §74; SL 1999, ch 222, §4; SL 2008, ch 238, §1.
SD Codified L § 49-16A-75.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain.

49-16A-75.1. Commission to promulgate rules for railroad seeking to exercise eminent domain.The commission shall in accordance with chapter 1-26, promulgate rules:(1)Establishing a form upon which a railroad may apply for authority to exercise the right of eminent domain;(2)Specifying the information to be submitted by an applicant; and(3)Administering applications for authority to exercise the right of eminent domain. Source: SL 1999, ch 222, §5.
SD Codified L § 49-16A-75.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity.

49-16A-75.2. Railroad carries burden of proof to show public necessity.The applicant has the burden of proving by a preponderance of the evidence that the exercise of the right of eminent domain is a public use consistent with public necessity. Source: SL 1999, ch 222, §6.
SD Codified L § 49-16A-75.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 16A - Intrastate Railroad Regulation|Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal.

49-16A-75.3. Determination of public use consistent with public necessity--Appeal.A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain. No determination of public use or necessity or any other issue properly decided by the Governor or the commission may be addressed by the circuit court in an action for condemnation. Such a determination may only be challenged upon direct appeal of that determination. Notwithstanding appeal of such determination, the railroad may proceed at any time by action in circuit court for possession and determination of compensation for any real property taken or damaged. Source: SL 1999, ch 222, §7; SL 2006, ch 232, §1; SL 2008, ch 238, §2.