reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.5 - Standard crossing fee--Flagging expense.

49-16A-100.5. Standard crossing fee--Flagging expense.
Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be assessed by the railroad or by any railroad agent, contractor, or assignee to the utility or to any agent or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing, in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.
Source:
SL 2014, ch 217, §3; SL 2016, ch 223, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.6 - Certificate of insurance or coverage for utilities crossing railroad right-of-way.

49-16A-100.6. Certificate of insurance or coverage for utilities crossing railroad right-of-way .
The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of two million dollars for each occurrence and an aggregate limit of at least four million dollars. The certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of five million dollars for each occurrence and an aggregate limit of at least ten million dollars. The railroad may require protective liability insurance with a combined single limit of two million dollars for each occurrence and four million dollars aggregate. The coverage may be provided by a blanket railroad protective liability insurance policy if the coverage, including the coverage limits, applies separately to each individual crossing. The coverage shall be required only during the period of construction, repair, or replacement of the facility.
Source:
SL 2014, ch 217, §4; SL 2016, ch 223, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.

49-16A-100.7. Notice of objection by railroad--Petition for dispute resolution--Appeal.
If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the utility by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the disputed crossing application within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, after notice and opportunity for hearing, must issue an order within sixty days of filing of the petition, during which time the crossing shall be stayed. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.
Source:
SL 2014, ch 217, §5; SL 2016, ch 223, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.8 - Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.

49-16A-100.8. Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.
If a railroad asserts in writing by certified mail return receipt requested that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the objection within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, within ninety days of filing the petition, shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.
Source:
SL 2014, ch 217, §6; SL 2016, ch 223, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.9 - Existing agreements--Eminent domain.

49-16A-100.9. Existing agreements--Eminent domain.
Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, impairs the authority of a utility to secure crossing rights by easement pursuant to the exercise of the power of eminent domain.
Source:
SL 2014, ch 217, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.10 - Application of §§ 49-16A-100.2 to 49-16A-100.9.

49-16A-100.10. Application of §§49-16A-100.2 to 49-16A-100.9.
Sections 49-16A-100.2 to 49-16A-100.9, inclusive, apply to:
(1)Any crossing in existence before July 1, 2014 if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the railroad during the existence of the crossing, no additional fee is required; and
(2)Any crossing commenced on or after July 1, 2014.
Source:
SL 2014, ch 217, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-102 - Railroad police--Appointment and employment by railroad.

49-16A-102. Railroad police--Appointment and employment by railroad.
A railroad organized under the laws of this state, or doing business within this state, may, at its own expense, appoint and employ policemen at stations or other places on its roads within this state for the protection of its property and the preservation of order on its premises, and in and about its cars, depots, depot grounds, yards, buildings, or other structures.
Source:
SDC 1939, §52.1201; SDCL, §49-27-1; SL 1980, ch 322, §101.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant.

49-16A-103. Railroad police--Authority to arrest--Procedure on arrest without warrant.
Policemen employed pursuant to §49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in and about its cars, depots, depot grounds, yards, buildings, or other structures. They also have the authority of law enforcement officers in regard to the arrest and apprehension of offenders in or about such premises. If an arrest is made by such a policemen without warrant, he shall immediately take the offender to a magistrate having jurisdiction of the offense, and file a complaint against the offender.
Source:
SDC 1939, §52.1201; SDCL, §49-27-2; SL 1980, ch 322, §102.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-104 - Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.

49-16A-104. Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.
Nothing in §49-16A-102 or 49-16A-103 shall be so construed as to restrict the lawful rights, powers, or privileges of a law enforcement officer within his respective jurisdiction. A railroad making an appointment pursuant to §49-16A-102 is responsible for the acts of its policemen to the same extent as for the acts of any of its general agents or employees.
Source:
SDC 1939, §52.1201; SDCL, §49-27-3; SL 1980, ch 322, §103.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-105 - Entry upon railroad equipment while armed a felony.

49-16A-105. Entry upon railroad equipment while armed a felony.
No person, either individually or as a member of any mob, band, or assembly, shall enter upon, occupy, or appropriate any part of a railway train or of railway equipment used or useful in the transportation of passengers or property, or in the maintenance or operation of any road in this state, armed with any instrument or weapon of any kind, for the purpose of committing any offense, or shall ride in any other than the usual, proper, and lawful manner at the legal rate of fare prescribed in the tariffs of the railroad, and in the proper coaches or cabooses provided for the purpose. A violation of this section is a Class 5 felony.
Source:
SDC 1939, §§52.1204, 52.9921; SDCL, §49-27-6; SL 1980, ch 322, §104.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-106 - Tampering with journal boxes a felony.

49-16A-106. Tampering with journal boxes a felony.
Any person who intentionally takes or removes the waste or packing or brass from any journal box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or capable of being used or operated on a railroad, is guilty of a Class 5 felony.
Source:
SDC 1939, §13.4514; SDCL, §49-27-7; SL 1976, ch 294, §34; SL 1980, ch 322, §105.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-107 - Malicious destruction of railroad property a felony.

49-16A-107. Malicious destruction of railroad property a felony.
Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.4513 (1); SDCL, §49-27-8; SL 1976, ch 294, §35; SL 1980, ch 322, §106.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-108 - Malicious obstruction of tracks a felony.

49-16A-108. Malicious obstruction of tracks a felony.
Any person who maliciously places an obstruction on the rails or track of a railroad, or any branch, or turnout connected with a railroad, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.4513 (2); SDCL, §49-27-9; SL 1976, ch 294, §36; SL 1980, ch 322, §107.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-108.1 - Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.

49-16A-108.1. Application of §§49-16A-107 and 49-16A-108 to tourist railroad carrier.
The provisions of §§49-16A-107 and 49-16A-108 apply to a tourist railroad carrier. A tourist railroad carrier is any person who is engaged in the business of selling tickets or admission to transport passengers by rail in this state primarily as a visitor attraction and the person owns, leases, or uses a minimum of five miles of railroad track.
Source:
SL 2016, ch 224, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-109 - Punishment for malicious interference with railroad where death results.

49-16A-109. Punishment for malicious interference with railroad where death results.
If death results from any violation of §49-16A-107 or 49-16A-108 the offender is guilty of a Class 5 felony.
Source:
SDC 1939, §13.4513; SDCL, §49-27-10; SL 1980, ch 322, §108.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-110 - Insurance--Railroad may procure.

49-16A-110. Insurance--Railroad may procure.
Each railroad owning or operating a road in this state has an insurable interest in the property on the route of the road owned or operated by it and may procure insurance on its own behalf for its protection against damages.
Source:
SDC 1939, §52.0941; SDCL, §49-26-6; SL 1980, ch 322, §109.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-111 - Legislation relating to restraint of domestic animals or fences--Applicability to tracks.

49-16A-111. Legislation relating to restraint of domestic animals or fences--Applicability to tracks.
No law of this state or resolution or ordinance of any county, township, or municipality relating to the restraint of domestic animals or to the fences of farmers or landowners, is applicable to railway tracks unless specifically so stated in such laws, resolutions, or ordinances.
Source:
SL 1980, ch 322, §110.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-112 - Abandonment of right-of-way--Occupation for three years by other users.

49-16A-112. Abandonment of right-of-way--Occupation for three years by other users.
At the time of abandonment of any railroad right-of-way, any corporation, partnership, individual, or political subdivision of this state, owning, operating or maintaining any telegraph, telephone, electric transmission or distribution lines, pipelines, water or sewer lines, buildings, grain elevators or other permanent fixtures on the abandoned right-of-way, may continue to occupy the right-of-way for a period of three years as provided in §§49-16A-113 and 49-16A-114.
Source:
SL 1980, ch 326, §1; SL 1981, ch 329, §3; SL 1981, ch 330, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-113 - Consideration for continued occupancy of right-of-way.

49-16A-113. Consideration for continued occupancy of right-of-way.
Continued occupancy of such right-of-way for such period of occupancy shall be for the same consideration provided for in any existing lease or license for occupancy of such right-of-way, and any person continuing to so occupy shall pay the same to the owner of the right-of-way.
Source:
SL 1980, ch 326, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired.

49-16A-114. Termination of right of occupancy unless right to continue acquired.
Unless the person occupying the right-of-way has acquired the right to continue such occupancy by lease, license, purchase, or condemnation within three years of date of abandonment, the right to such occupancy shall cease.
Source:
SL 1980, ch 326, §3; SL 1981, ch 330, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims.

49-16A-115. Abandonment of right-of-way on public or Indian lands--Title claims.
A railroad which abandons service over, salvages and removes its rail, ties and other track material from any right-of-way in which it claims any right, title or interest in public lands, as prescribed by the act of Congress approved March 3, 1875, as amended, or in Indian lands as prescribed by the act of Congress approved March 2, 1889, as amended, or §49-16A-55, shall settle title claims with adjoining landowners and municipalities within one year after salvage of the abandoned road is complete or title to the abandoned railroad right-of-way easement reverts and vests, by operation of law, pursuant to 42 Stat. 414 (March 8, 1922).
Source:
SL 1981, ch 329, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized.

49-16A-116. Municipal claim to reverter in railroad property--Quit claim authorized.
The governing body of any municipality which may have a claim to a reverter or possibility of reverter in railroad property acquired by the act of Congress approved March 3, 1875, as amended, and conveyed by the railroad, may without charge or consideration quit claim such interest as may have been established by 42 Stat. 414 (March 8, 1922) to current owners of record claiming title to said property.
Source:
SL 1981, ch 329, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-117 - Filing of certain records related to property conveyances by a railroad to a railroad.

49-16A-117. Filing of certain records related to property conveyances by a railroad to a railroad.
Any conveyance or lease, deed of trust, mortgage, or satisfaction thereof made by any railroad in connection with the sale, lease or purchase of the whole or any part of its road within this state to or from another railroad may be executed and acknowledged in the same manner as conveyances of real property by corporations and may be recorded in the Office of the Secretary of State, who shall specify the day and hour of reception and the volume and page where recorded, which is evidence of such facts.
Source:
SL 1986, ch 393, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-29 - Obligation of state not authorized.

49-16B-29. Obligation of state not authorized.
Nothing in this chapter authorizes the authority or any department, board, commission, or other agency to create an obligation of the State of South Dakota within the meaning of the Constitution or statutes of South Dakota.
Source:
SL 1980, ch 323, §28; SL 2010, ch 145, §198.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-30 - Contract with holders--Enforcement.

49-16B-30. Contract with holders--Enforcement.
The provisions of this chapter and of any resolution or proceeding authorizing the issuance of bonds constitutes a contract with the holders of such bonds. The provisions are enforceable either in law or in equity, by suit, action in mandamus or other proceeding in any court of competent jurisdiction to enforce and compel the performance of any duties required by this chapter or any resolution or proceeding authorizing the issuance of the bonds, including the establishment of sufficient charges, fees, or rentals and the application of the income from a project under this chapter as provided in §49-16B-26.
Source:
SL 1980, ch 323, §29; SL 2010, ch 145, §199.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-31 - Interim notes--Purposes for which authorized.

49-16B-31. Interim notes--Purposes for which authorized.
In addition to the permanent financing authorized by §§49-16B-23 to 49-16B-30, inclusive, the authority may borrow money and issue interim notes in evidence thereof for any of the projects, or to perform any of the duties authorized under this chapter, and in addition may borrow money and issue interim notes for planning, design, and engineering services, acquisition of land, purchase of equipment, movable or otherwise as set forth in §§49-16B-32 to 49-16B-39, inclusive.
Source:
SL 1980, ch 323, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-32 - Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date.

49-16B-32. Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date.
Whenever the authority deems it advisable and in the interests of the authority to borrow funds temporarily for any of the purposes enumerated in §49-16B-31, the authority may from time to time, and pursuant to appropriate resolution, issue interim notes to evidence such borrowings, including funds for the payment of interest on such borrowings and funds for all necessary and incidental expenses in connection with any of the purposes provided for by this section and this chapter until the date of the permanent financing. Any resolution authorizing the issuance of such notes shall describe the project to be undertaken and shall specify the principal amount, rate of interest and maturity date, but not to exceed five years from date of issue, and such other terms as may be specified in such resolution. However, the time of payment of any such notes may be extended for a period of not exceeding three years from the maturity date thereof.
Source:
SL 1980, ch 323, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-33 - Interim notes--Registration--Issuance.

49-16B-33. Interim notes--Registration--Issuance.
The authority may provide for the registration of the notes in the name of the owner either as to principal alone, or as to both principal and interest, on such terms and conditions as the authority may determine by the resolution authorizing their issue. The notes shall be issued from time to time by the authority as funds are borrowed, in the manner the authority may determine.
Source:
SL 1980, ch 323, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-34 - Interim notes--Interest--Redemption by authority.

49-16B-34. Interim notes--Interest--Redemption by authority.
Interest on the notes may be made payable semiannually, annually or at maturity. The notes may be made redeemable, prior to maturity, at the option of the authority, in the manner and upon the terms fixed by the resolution authorizing their issuance.
Source:
SL 1980, ch 323, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-35 - Interim notes--Execution--Attestation--Seal.

49-16B-35. Interim notes--Execution--Attestation--Seal.
The notes may be executed in the name of the authority by the chairman of the authority or by any other officer or officers of the authority as the authority by resolution may direct, shall be attested by the secretary or such other officer or officers of the authority as the authority may by resolution direct, and be sealed with the authority's corporate seal.
Source:
SL 1980, ch 323, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-36 - Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired.

49-16B-36. Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired.
All such notes and the interest thereon may be secured by a pledge of any income and revenue derived by the authority from the project to be undertaken with the proceeds of the notes, after deducting from such income and revenue any reasonable and necessary maintenance and operation expenses, and shall be payable solely from the proceeds to be derived from the sale of any revenue bonds for permanent financing authorized to be issued under §§49-16B-23 to 49-16B-30, inclusive, and from the property acquired with the proceeds of the notes.
Source:
SL 1980, ch 323, §32.