reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-920. Lien of judgments for certain injuries.

Whenever a cause of action shall arise against any railroad or street railway corporation in favor of any person for personal injury or injury to property sustained by any person or in favor of any municipal corporation for any injuries to any of the streets or highways of such municipal corporation and such cause of action shall be prosecuted to judgment by the person injured, his legal representatives or such municipal corporation the judgment shall relate back to the date when the cause of action arose and shall be a lien as of that date upon the income, property and franchise of such corporation, enforceable in any court of competent jurisdiction by attachment or levy and sale under execution, and shall take precedence and priority of payment of any mortgage, deed of trust or other security given to secure the payment of bonds made by such railroad or street railway company if such action shall have been commenced within two years from the time that the injury was sustained.
HISTORY: 1962 Code Section 58-744; 1952 Code Section 58-744; 1942 Code Section 8376; 1932 Code Section 8376; Civ. C. '22 Section 4924; Civ. C. '12 Section 3229; Civ. C. '02 Section 2138; G. S. 1528; R. S. 1691; 1897 (22) 415; 1930 (36) 1363.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-930. Liability of railroads having relief departments.

When any railroad company has what is usually called a relief department for its employees, the members of which are required or permitted to pay some dues, fees, moneys or compensation to be entitled to the benefits thereof upon the death or injury of the employee, a member of such relief department, such railroad company shall pay to the person entitled to it the amount it was agreed the employee or his heirs-at-law should receive from such relief department. The acceptance of such amount shall not operate to estop or in any way bar the right of such employee or his personal representative to recover damages of such railroad company for injury or death caused by the negligence of such company, its agents or servants, as provided by law and any contract or agreement to the contrary shall be ineffective for that purpose.
HISTORY: 1962 Code Section 58-746; 1952 Code Section 58-746; 1942 Code Section 7171; 1932 Code Section 7171; Civ. C. '22 Section 3893; Civ. C. '12 Section 2577; 1903 (24) 79.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-940. Fiscal year for railroads.

The fiscal year for which reports shall be made by railroad companies in the State to the Office of Regulatory Staff and to other officers of the State shall terminate on the thirty-first day of December, so as to conform to the calendar year and to the fiscal year as fixed by the Interstate Commerce Commission of the United States.
HISTORY: 1962 Code Section 58-748; 1952 Code Section 58-748; 1942 Code Section 8245; 1932 Code Section 8280; Civ. C. '22 Section 4828; 1917 (30) 163; 1935 (39) 25; 1982 Act No. 331, Section 4, eff April 9, 1982; 2006 Act No. 318, Section 100, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-950. Reports to conform to fiscal year.

All reports required by law to be made by railroad companies to the Office of Regulatory Staff or to other officers of the State at specified times and based upon the operations of such railroad companies for the fiscal year preceding such reports shall be made after the thirty-first day of December of every year.
HISTORY: 1962 Code Section 58-749; 1952 Code Section 58-749; 1942 Code Sections 2678, 8246; 1932 Code Sections 2678, 8281; Civ. C. '22 Section 4829; 1917 (30) 163; 1922 (32) 947; 1935 (39) 25; 1982 Act No. 331, Section 5, eff April 9, 1982; 2006 Act No. 318, Section 101, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-960. Time for filing annual reports.

All annual reports required to be filed with the Office of Regulatory Staff by railroads doing business in this State shall be filed with the Office of Regulatory Staff within three months after the close of the year for which the report is made. But the Office of Regulatory Staff may, upon sufficient cause being shown, extend the time for the filing of such reports for a period not exceeding ninety days.
HISTORY: 1962 Code Section 58-750; 1952 Code Section 58-750; 1946 (44) 2597; 2006 Act No. 318, Section 102, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1110. Violation by railroads of Interstate Commerce Act shall be unlawful.

It shall be unlawful for any railroad corporation doing business in this State or any officer, agent or employee thereof to do herein any act which constitutes a violation of the act of Congress entitled "An Act to Regulate Commerce," or the acts amendatory thereof, or any order of the Interstate Commerce Commission issued thereunder. Any such corporation violating the provisions of this section shall be guilty of a high misdemeanor and liable to indictment therefor in any county in which such offense is committed and, on conviction, shall be fined not less than one thousand dollars nor more than five thousand dollars for each such offense. And the doing of any such act shall constitute a ground for the forfeiture of the charter and franchise of any such corporation in this State and for the withdrawal and forfeiture of any franchise or license or right to operate railroads herein enjoyed or exercised herein by grant, contract, statute or comity by any such corporation chartered elsewhere and any person or corporation, public or private, injured by any such act of such railroad company, may maintain quo warranto in the circuit court of the residence or, if a nonresident, of the principal office of such corporation, to enforce such forfeiture, which said court is hereby given jurisdiction so to decree. Conviction and punishment for a misdemeanor under this section shall not prevent proceedings also for forfeiture and judgment.
Any officer, agent or employee doing or engaged in any such act shall also be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed one thousand dollars and imprisonment not to exceed twelve months, or either or both of these penalties.
HISTORY: 1962 Code Section 58-761; 1952 Code Section 58-761; 1942 Code Section 1712; 1932 Code Section 1712; Cr. C. '22 Section 657; Cr. C. '12 Section 682; Cr. C. '02 Section 485; 1897 (22) 448.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1120. County where violation deemed committed.

Every violation of the provisions of Section 58-15-1110 shall equally be held to have been committed in the county in which such act is finally carried out or in which any illegal charge is collected, as well as that in which the act or charge is ordered or agreed upon or any step taken in execution thereof.
HISTORY: 1962 Code Section 58-762; 1952 Code Section 58-762; 1942 Code Section 1713; 1932 Code Section 1713; Cr. C. '22 Section 658; Cr. C. '12 Section 683; Cr. C. '02 Section 486; 1897 (22) 448.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1130. Taking part in violations shall be unlawful.

Every person taking part in any such violation in any way, even in carrying out the orders of superior officers or in collecting the proceeds of any illegal charge, shall be equally guilty of a violation of Section 58-15-1110.
HISTORY: 1962 Code Section 58-763; 1952 Code Section 58-763; 1942 Code Section 1713; 1932 Code Section 1713; Cr. C. '22 Section 658; Cr. C. '12 Section 683; Cr. C. '02 Section 486; 1897 (22) 448.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1140. Each violation shall constitute a separate offense.

Each act done in violation of such Act to Regulate Commerce, its amendments or orders of said commission, and each separate failure to obey the same or discrimination, preference, or overcharge to each separate person shall constitute, both as to the railroad company offending or such officers, agents, or employees, separate offenses hereunder and render the corporation or person offending liable to successive indictments and punishment therefor.
HISTORY: 1962 Code Section 58-764; 1952 Code Section 58-764; 1942 Code Section 1714; 1932 Code Section 1714; Cr. C. '22 Section 659; Cr. C. '12 Section 684; Cr. C. '02 Section 488; 1897 (22) 448; 2006 Act No. 318, Section 103, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1510. Commission may provide rules and regulations with reference to crossing.

The Public Service Commission may provide such rules and regulations with reference to the crossing of railroad tracks by public highways as in its judgment will be conducive to the public safety.
HISTORY: 1962 Code Section 58-801; 1952 Code Section 58-801; 1942 Code Section 8228; 1932 Code Section 8270; Civ. C. '22 Section 4818; 1920 (31) 1124; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1520. Investigation of crossings requiring overpass or underpass.

The commission upon petition may request the Office of Regulatory Staff to investigate crossings and may require that any necessary crossing be made either above or below grade, so as to avoid, as far as possible, any grade crossings.
HISTORY: 1962 Code Section 58-802; 1952 Code Section 58-802; 1942 Code Section 8228; 1932 Code Section 8270; Civ. C. '22 Section 4818; 1920 (31) 1124; 1935 (39) 25; 2006 Act No. 318, Section 104, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1530. Payment of expense of elimination or relocation of grade crossings.

If the Commission shall decide that such a crossing should be eliminated or relocated it shall apportion, assess and require the payment by such railroad company of its proper pro rata share of the expense incident to the construction and grading of any highway or road appurtenant to such elimination or relocation but the cost to be assessed against such railroad company shall not exceed its proper pro rata share for more than one fourth of one mile and, in the case of railroads independently operated having less than eighty miles of road within this State, shall not exceed its proper pro rata share for more than one eighth of a mile.
HISTORY: 1962 Code Section 58-803; 1952 Code Section 58-803; 1942 Code Section 8228; 1932 Code Section 8270; Civ. C. '22 Section 4818; 1920 (31) 1124; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1540. Eliminated crossings shall be closed.

Such crossings as are eliminated by virtue of this article shall be closed as public highways or travel places.
HISTORY: 1962 Code Section 58-804; 1952 Code Section 58-804; 1942 Code Section 8228; 1932 Code Section 8270; Civ. C. '22 Section 4818; 1920 (31) 1124; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1610. Definitions.

(1) The term "grade crossing" as used in this article means a crossing at grade of a public street or highway over a track or tracks of a railroad.
(2) The term "department" as used in this article means any subdivision or agency of the State having authority to locate or construct roads or streets.
(3) The term "railroad" as used in this article shall include all steam railroads and interurban electric railroads of more than twenty miles in length, which are operated as common carriers, but shall not include street railroads operated in whole or in part within the limits of any incorporated city or town or private logging roads.
HISTORY: 1962 Code Section 58-811; 1952 Code Section 58-811; 1942 Code Section 8472; 1932 Code Section 8447; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1620. Application of article.

The provisions of this article shall apply throughout the State to the elimination of grade crossings, whether such elimination be made upon the order or request of the State Highway Commission, counties, cities, drainage districts or other subdivisions or departments of the State government.
HISTORY: 1962 Code Section 58-812; 1952 Code Section 58-812; 1942 Code Section 8462; 1932 Code Section 8437; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1625. Department of Transportation authorized to eliminate railroad grade crossings.

Notwithstanding any other provision of law, the Department of Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upon a finding that the enhancement of public safety resulting from such closing outweighs any inconvenience caused by increased circuitry of highway routes. This order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department legally to close and abolish grade crossings is in addition to authority granted by law to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of the order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing.
HISTORY: 1992 Act No. 399, Section 3, eff June 1, 1992; 1993 Act No. 181, Section 1554, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1630. Notice to railroad and effort to agree on plan for elimination of grade crossing.

Whenever any such subdivision or department of the State government as is mentioned in Section 58-15-1620, having jurisdiction, may determine upon the elimination of any grade crossing by means of a grade separation structure, prompt notice shall be given to the railroad company owning or operating the railroad involved. Within ten days thereafter the representatives of the department and of the railroad involved shall meet and adopt a layout, with the grades and alignments mutually satisfactory.
HISTORY: 1962 Code Section 58-813; 1952 Code Section 58-813; 1942 Code Section 8463; 1932 Code Section 8438; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1640. Procedure when agreement shall not be reached.

Failing to agree, the department or subdivision may order the railroad involved to proceed with the construction of such a structure as it may require as indicated in plans and specifications accompanying its order. The railroad shall begin work thereon within sixty days after receipt of such order and shall complete the structure within a reasonable time.
HISTORY: 1962 Code Section 58-814; 1952 Code Section 58-814; 1942 Code Section 8463; 1932 Code Section 8438; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1650. Railroad company may select materials; minimum standards.

The railroad company involved may select the material to be used in the construction of the grade separation structure, provided such material shall not be less durable than creosoted timber of a quality at least equal to that required by the standard specifications of the Department of Transportation for its own bridge work.
HISTORY: 1962 Code Section 58-815; 1952 Code Section 58-815; 1942 Code Section 8464; 1932 Code Section 8439; 1924 (33) 1057; 1993 Act No. 181, Section 1555, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1670. Specifications as to overhead bridges and approaches.

The grade of approaches to an overhead bridge shall be such as to keep the cost as low as practicable consistent with the standard design practice of the State Highway Commission and in no event shall the approaches to creosote timber overhead bridges be considered to extend more than five hundred feet from the outside track. The overhead bridge shall be so constructed as to give a vertical clearance of not less than twenty-two feet, six inches above the base of rail of railroad track and a horizontal clearance of not less than eight feet, measured from the center line of such track, and at right angles thereto, due allowance being made for curvature of track.
HISTORY: 1962 Code Section 58-817; 1952 Code Section 58-817; 1942 Code Section 8465; 1932 Code Section 8440; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1680. Underpasses and overhead bridges shall meet specifications of Department of Transportation.

Underpasses or overhead bridges constructed in accordance with this article shall meet the specifications of the Department of Transportation.
HISTORY: 1962 Code Section 58-818; 1952 Code Section 58-818; 1942 Code Section 8465; 1932 Code Section 8440; 1924 (33) 1057; 1972 (57) 2631; 1993 Act No. 181, Section 1556, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1690. Time within which railroad shall commence work; effect of failure so to do.

Whenever any department or subdivision shall require a railroad, under the provisions of this article, to construct an overhead bridge or underpass, such railroad shall begin work thereon within sixty days after receipt of the order of such department or subdivision. And in case such railroad shall not comply with such order within the period specified, the department or subdivision may proceed with the work and, upon its completion, bill the railroad for its proportion thereof and the railroad shall pay such bill, together with interest at the rate of seven per cent per annum from the date of the completion of the work. But before the railroad is required under this provision to proceed with the construction of such grade separation structure the estimated pro rata share of the department or subdivision shall be arranged for and appropriated.
HISTORY: 1962 Code Section 58-820; 1952 Code Section 58-820; 1942 Code Section 8468; 1932 Code Section 8443; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1700. Appeal to Commission and to court.

Whenever any railroad company shall be required by an order of a department or subdivision to provide a grade separation structure, as specified herein, and shall be of the opinion that such grade separation is not a public necessity, it may within ten days after receipt of such order, appeal to the Public Service Commission and the commission within twenty days thereafter shall hold a public hearing and determine the public necessity for such grade separation. From any order of the commission in the premises either party shall have the right to appeal to the courts, as provided by statute in matters within the jurisdiction of the commission. The commission shall not be a party to an appeal. The provisions of this section shall not apply to orders of the Commission of the Department of Transportation.
HISTORY: 1962 Code Section 58-821; 1952 Code Section 58-821; 1942 Code Section 8469; 1932 Code Section 8444; 1924 (33) 1057; 1935 (39) 25; 2006 Act No. 318, Section 105, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1710. Direct appeal to court.

Any railroad company may appeal to the courts from any order or finding of any department or subdivision hereunder, the appeal to be taken in the manner provided by statute for an appeal from an order of the Public Service Commission. The commission shall not be a party to any appeal.
HISTORY: 1962 Code Section 58-822; 1952 Code Section 58-822; 1942 Code Section 8470; 1932 Code Section 8445; 1924 (33) 1057; 2006 Act No. 318, Section 106, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1720. Construction pending appeal.

When any railroad company appeals from a decision of the Commission as provided for in Section 58-15-1700 or from an order or finding of any department or subdivision as provided for in Section 58-15-1710 the department or subdivision pending such appeal or appeals may proceed at its own risk and expense in constructing such grade crossing separation structure and without prejudice as to the division of the costs as herein provided should the appeal be decided adversely to such railroad.
HISTORY: 1962 Code Section 58-823; 1952 Code Section 58-823; 1942 Code Section 8471; 1932 Code Section 8446; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1730. Continuance of crossings as private crossings.

All existing grade crossings replaced by grade separation structures or avoided by relocation of highways and no longer habitually used by the general public may be continued only as private crossings and not subject to the provisions of the statutes of this State relating to railroad crossings.
HISTORY: 1962 Code Section 58-824; 1952 Code Section 58-824; 1942 Code Section 8466; 1932 Code Section 8441; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1740. Special agreements.

Nothing in this article shall be construed to prevent the department or subdivision from reaching special agreements with railroad companies providing for grade crossing eliminations by means of relocation of either the roads or railroads involved or by any other means and arranging for joint participation in the cost of such elimination on an agreed basis.
HISTORY: 1962 Code Section 58-825; 1952 Code Section 58-825; 1942 Code Section 8467; 1932 Code Section 8442; 1924 (33) 1057.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1910. Department of Transportation shall cooperate in relation to grade separation structures.

The Department of Transportation shall cooperate with any railroad company operating lines in the State in effecting necessary reconstruction, changes or alterations in grade separation structures on state highways where the tracks of such company cross such highways.
HISTORY: 1962 Code Section 58-831; 1952 Code Section 58-831; 1942 Code Section 8474; 1932 Code Section 8449; 1932 (37) 1106; 1993 Act No. 181, Section 1557, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1920. Necessity of work shall be determined by Department; notice to companies.

The necessity for any such reconstruction, changes or alterations shall be determined by the Department of Transportation and made in accordance with plans adopted by the department. But any railroad company concerned shall be given at least ten days' notice before any such work is initiated by the department and shall be permitted by the department to offer suggestions and counsel as to the proposed reconstruction, changes or alteration.
HISTORY: 1962 Code Section 58-832; 1952 Code Section 58-832; 1942 Code Section 8475; 1932 Code Section 8450; 1932 (37) 1106; 1993 Act No. 181, Section 1558, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1930. Apportionment of costs.

The cost of effecting any reconstruction, changes or alterations as contemplated in Sections 58-15-1910 and 58-15-1920, including the grade separation structure and its approaches for a distance of five hundred feet, if so much be necessary, measured from the center line in each direction along the highway, but not including the pavement or wearing surface for either the structure or its approaches, shall be borne sixty per cent by the Department of Transportation and forty per cent by the railroad company concerned and, in case of failure on the part of any such company to furnish its pro rata share of the necessary funds for paying the cost of any such reconstruction, changes or alterations, the Department of Transportation may, after thirty days' notice, proceed with the work and collect from the railroad company concerned a proper pro rata share of the cost on the basis established by Sections 58-15-1910 to 58-15-1950.
HISTORY: 1962 Code Section 58-833; 1952 Code Section 58-833; 1942 Code Section 8476; 1932 Code Section 8451; 1932 (37) 1106; 1993 Act No. 181, Section 1559, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1940. Grade separation structures to which article shall apply.

This article shall apply to all cases where grade separation structures on state highways across railroads are, in the judgment of the Department of Transportation, for any reason inadequate for the traffic on the highway, but shall not apply to grade crossings. This article shall not be construed as relieving any railway company from any obligation or duty now borne by or resting upon such company in connection with any grade separation structure.
HISTORY: 1962 Code Section 58-834; 1952 Code Section 58-834; 1942 Code Section 8477; 1932 Code Section 8452; 1932 (37) 1106; 1993 Act No. 181, Section 1560, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-1950. Appeal to Supreme Court; stay of construction.

Any railroad company affected by any decision or action of the Department of Transportation made or initiated pursuant to the provisions of this article may appeal to the Supreme Court in its original jurisdiction for a review of the department's findings as to either the necessity for the proposed reconstruction, changes or alterations or determinations relating to divisions of costs. The appeal, however, shall not operate as a stay to prevent the department from proceeding with the work after notice, as provided in Section 58-15-1930, unless so ordered specifically by the court or some member thereof, after prima facie showing that the appellant's property, or the use thereof, after the completion of the proposed reconstruction, changes or alterations would be definitely impaired and rendered less suitable for its intended purposes. But in case of any stay order by the court, or some member thereof, on the appellant's showing and the subsequent finding by the court that such injury would result from the proposed reconstruction, changes or alterations to the appellant's property, or the use thereof, the appellant shall be held liable for any damages or losses sustained by the Department of Transportation incident to, occasioned or brought about by the delay pending the appeal.
HISTORY: 1962 Code Section 58-835; 1952 Code Section 58-835; 1942 Code Section 8478; 1932 Code Section 8453; 1932 (37) 1106; 1993 Act No. 181, Section 1561, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-2110. Railroads shall construct and maintain grade crossings of highways.

(A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the authorities responsible for such highways. This shall apply to crossings necessary for new highways, as well as to crossings needed to replace existing crossings rendered obsolete or unnecessary by the relocation or improvement of existing highways or roads.
(B) The involved railroad shall be responsible for all costs associated with construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the railroad. Such railroad-initiated projects shall include, but are not limited to, constructing a new line, adding an additional track to an existing line, and relocating an existing rail line.
(C) The public authority responsible for a highway crossing a railroad track or tracks shall reimburse the involved railroad for all costs that railroad incurs by virtue of construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the public authority. A public authority is limited to the State Department of Transportation, which is required to reimburse the railroad for Department of Transportation authorized projects from within the funds appropriated to the Department of Transportation by the General Assembly. Such public authority-initiated projects are limited to constructing a new highway, widening an existing highway, and relocating an existing highway.
HISTORY: 1962 Code Section 58-841; 1956 (49) 1603; 1963 (53) 152; 1999 Act No. 100, Part II, Section 67, eff June 30, 1999.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-2120. Department of Transportation may make specifications and enter into agreements concerning grade crossings of State highways; penalties may be waived by Department.

In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing within ten days after receipt of the notice and after finding that the public safety, convenience, or necessity require it, shall have the power to specify the character of the grade crossings, and the operator of the railroad shall construct and maintain the crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad. The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now existing, upon entry into such agreements.
HISTORY: 1962 Code Section 58-842; 1956 (49) 1603; 1963 (53) 152; 1993 Act No. 181, Section 1562, eff July 1, 1993; 1999 Act No. 100, Part II, Section 67, eff June 30, 1999.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-2130. Penalty for noncompliance.

Any person or corporation failing to comply with the provisions of this article, after a hearing, if one is applied for as set out in Section 58-15-2120, and after having been notified in writing of the decision of the proper authorities that the crossing is required by public safety, convenience and necessity, and after the lapse of thirty days from the date of such notice, shall, upon conviction, be fined ten dollars per day for each day's delay in furnishing any crossing as required hereby. The Department of Transportation shall make a complaint to any court of competent jurisdiction within the county where the offense is committed, and shall furnish evidence before such court whenever a violation of this article may occur.
HISTORY: 1962 Code Section 58-843; 1956 (49) 1603; 1963 (53) 152; 1993 Act No. 181, Section 1563, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 15 - Railroad, Street Railway, Steamboat And Canal Companies › Section 58-15-2140. Article shall not affect certain penalties.

Unless waived as provided in Section 58-15-2120, the provisions of Sections 58-15-2110 to 58-15-2130 shall not affect or in anywise relieve any railroad company or operator of any penalties incurred under Sections 58-15-2110 to 58-15-2130 or former Sections 58-15-2110 to 58-15-2130. The provisions of Section 58-17-1360 are not intended to be nor are they repealed or affected by amendment of Sections 58-15-2110 to 58-15-2130.
HISTORY: 1962 Code Section 58-843.1; 1963 (53) 152.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-10. Definitions.

In the construction of this chapter except when such meaning would be repugnant to the context or contrary to the manifest intention of the General Assembly:
(1) The phrase "railroads and railways" shall be construed to include all railroads and railways, by whatever motive power they may be operated, except marine railways doing business as common carriers in this State and except street or interurban railroads or railways, whether operated by the corporations owning them or by other corporations or otherwise;
(2) "Railroad" shall be construed to mean a railroad or railway by whatever motive power operated except such railroads and railways as are excepted under item (1) of this section;
(3) "The General Railroad Law" shall mean this chapter; and
(4) The word "person" shall be construed and held to mean an officer, corporation, company, receiver, trustee, lessee, agent or other person acting or engaged in any of the matters and things mentioned in the General Railroad Law.
HISTORY: 1962 Code Section 58-851; 1952 Code Section 58-851; 1942 Code Sections 8254, 8257; 1932 Code Sections 8199, 8202; Civ. C. '22 Sections 4763, 4766; Civ. C. '12 Sections 3098, 3101; Civ. C. '02 Sections 2024, 2027; G. S. 1414, 1543; R. S. 1597, 1600; 1882 (17) 840; 1892 (21) 15; 1951 (47) 781.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-20. Definitions applicable to all laws.

The terms "railroad corporation" and "railroad company" wherever contained in the law of this State shall be deemed and taken to mean all corporations, companies or individuals owning or operating any railroad in whole or in part in this State.
HISTORY: 1962 Code Section 58-852; 1952 Code Section 58-852; 1942 Code Section 8254; 1932 Code Section 8199; Civ. C. '22 Section 4763; Civ. C. '12 Section 3098; Civ. C. '02 Section 2024; G. S. 1414; R. S. 1597; 1892 (21) 15; 1951 (47) 781.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-30. Persons to whom chapter shall apply.

The provisions of the General Railroad Law shall apply to all persons, firms and companies and to all associations, whether incorporated or not, operating as common carriers upon any of the lines of railroads in this State (street railways and express companies excepted) the same as to railroad corporations herein mentioned.
HISTORY: 1962 Code Section 58-853; 1952 Code Section 58-853; 1942 Code Section 8254; 1932 Code Section 8199; Civ. C. '22 Section 4763; Civ. C. '12 Section 3098; Civ. C. '02 Section 2024; G. S. 1414; R. S. 1597; 1892 (21) 15; 1951 (47) 781.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-40. Property to which chapter shall apply.

The provisions of the General Railroad Law shall apply to all property, to the receiving, delivery, loading, unloading, handling, storing or carriage of property on one actually or substantially continuous carriage, or as part of such continuous carriage and to the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads and whether such services are performed or compensation paid by or to one person alone or in connection with another or other persons.
HISTORY: 1962 Code Section 58-854; 1952 Code Section 58-854; 1942 Code Section 8299; 1932 Code Section 8299; Civ. C. '22 Section 4846; Civ. C. '12 Section 3170; Civ. C. '02 Section 2088; G. S. 1445; R. S. 1651; 1881 (17) 814.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-50. Chapter applicable to trustees, receivers and the like.

The provisions of this chapter shall apply to all railroads and railways and to the corporations, trustees, receivers or others owning or operating them.
HISTORY: 1962 Code Section 58-855; 1952 Code Section 58-855; 1942 Code Section 8292-12; 1932 Code Section 8251; Civ. C. '22 Section 4811; Civ. C. '12 Section 3142; Civ. C. '02 Section 2067; G. S. 1455; R. S. 1630; 1881 (17) 817; 1898 (22) 780.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-60. Effect of stock ownership, leases and contracts on application of chapter.

No ownership or shares of the capital stock of one corporation by another corporation, nor any lease, contract or other agreement between corporations or individuals shall operate as a bar to the provisions of the General Railroad Law.
HISTORY: 1962 Code Section 58-856; 1952 Code Section 58-856; 1942 Code Section 8315; 1932 Code Section 8315; Civ. C. '22 Section 4862; Civ. C. '12 Section 3183; Civ. C. '02 Section 2100; G. S. 1474; R. S. 1661; 1882 (18) 823.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-70. Chapter amends charters granted since December 17, 1841.

Railroad corporations established in this State prior to February 9, 1882, whether by special act or in conformity with the provisions of any general law, shall have the powers and privileges and be subject to the duties, liabilities, restrictions and other provisions contained in the General Railroad Law which, so far as inconsistent with charters granted since December 17, 1841, shall be deemed and taken to be in alteration and amendment thereof.
HISTORY: 1962 Code Section 58-857; 1952 Code Section 58-857; 1942 Code Section 8259; 1932 Code Section 8204; Civ. C. '22 Section 4768; Civ. C. '12 Section 3103; Civ. C. '02 Section 2029; G. S. 1545; R. S. 1602; 1882 (17) 791.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-80. Benefit of process or proceedings; restrictions.

Every railroad corporation incorporated under the laws of this State shall have the benefit of every process or proceeding and be subject to all the restrictions which shall or may be provided or imposed by the laws of the State.
HISTORY: 1962 Code Section 58-858; 1952 Code Section 58-858; 1942 Code Section 8263; 1932 Code Section 8208; Civ. C. '22 Section 4772; Civ. C. '12 Section 3107; Civ. C. '02 Section 2033; R. S. 1545; 1885 (19) 171.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-90. General powers and duties of railroad companies.

Every railroad company incorporated in this State shall have all the rights, powers and privileges set forth and granted in and by this chapter and be subject to all the duties, liabilities, restrictions, provisions and limitations herein contained and such rights, powers, privileges, liabilities, provisions and limitations shall constitute part and parcel of the charter of every such corporation.
HISTORY: 1962 Code Section 58-859; 1952 Code Section 58-859; 1942 Code Section 8260; 1932 Code Section 8205; Civ. C. '22 Section 4769; Civ. C. '12 Section 3104; Civ. C. '02 Section 2030; R. S. 1542; 1885 (19) 171.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-100. Contracts or combinations in violation of chapter shall be void.

Any contract, combination, joint ownership or joint management contrary to the provisions of this chapter shall be null, void, and of no effect.
HISTORY: 1962 Code Section 58-860; 1952 Code Section 58-860; 1942 Code Section 8315; 1932 Code Section 8315; Civ. C. '22 Section 4862; Civ. C. '12 Section 3183; Civ. C. '02 Section 2100; G. S. 1474; R. S. 1661; 1881 (17) 823.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-110. Mandamus to require compliance with law.

If any railroad company neglects or refuses to comply with the provisions of the General Railroad Law or with the rules and regulations prescribed by the commission within the limits of its authority, the company is subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge, upon application of the Office of Regulatory Staff, to require compliance with the laws or the rules and regulations and failure to comply with the writ of mandamus shall be punishable as for contempt. And for any wilful violation of any laws or failure to comply with the requirements of the rules or regulations the court may award costs and counsel fees, on the return of the writ and after due deliberation thereon, as may be just.
HISTORY: 1962 Code Section 58-864; 1952 Code Section 58-864; 1942 Code Section 8341; 1932 Code Section 8341; Civ. C. '22 Section 4888; Civ. C. '12 Section 3208; Civ. C. '02 Section 2119; R. S. 1670; 1892 (21) 14; 2006 Act No. 318, Section 107, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-120. Rules of evidence shall be same as in civil cases.

In all cases under the provisions of the General Railroad Law the rules of evidence shall be the same as in civil actions, except as herein otherwise provided.
HISTORY: 1962 Code Section 58-866; 1952 Code Section 58-866; 1942 Code Section 8258; 1932 Code Section 8203; Civ. C. '22 Section 4767; Civ. C. '12 Section 3102; Civ. C. '02 Section 2028; 1892 (21) 14.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-130. Disposition of fines.

All fines recovered under the provisions of the General Railroad Law shall be paid one half into the State Treasury, to be used for such purposes as the General Assembly may provide, and the other half into the county treasury of the county in which the case is tried.
HISTORY: 1962 Code Section 58-867; 1952 Code Section 58-867; 1942 Code Section 8258; 1932 Code Section 8203; Civ. C. '22 Section 4767; Civ. C. '12 Section 3102; Civ. C. '02 Section 2028; 1892 (21) 14.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-140. Annual report of Commission with respect to railroads.

The Office of Regulatory Staff shall make an annual report to the General Assembly of its official acts, including such statements, facts, and explanations as will disclose the actual working of the system of railroad transportation in its bearing upon the business and prosperity of the State, and suggestions as to the general railroad policy of the State or any part thereof or as to the condition, affairs, or conduct of any of the railroad corporations as may seem to it appropriate, with a special report of all accidents, and the causes thereof, for the preceding year. It shall also recommend legislation as in its judgment may be necessary to secure just and reasonable rates for the transportation of passengers and freights and for the prevention of unjust discrimination. The annual report must be transmitted to the President of the Senate and the Speaker of the House of Representatives on or before the second Monday in November in each year.
HISTORY: 1962 Code Section 58-868; 1952 Code Section 58-868; 1942 Code Sections 8292-19, 8292-20; 1932 Code Sections 2133, 8278, 8279; Civ. C. '22 Sections 94, 4826, 4827; Civ. C. '12 Sections 89, 3152, 3153; Civ. C. '02 Sections 85, 2074, 2075; G. S. 1462, 1463; R. S. 79, 1637, 1638; 1882 (18) 819; 1883 (18) 485; 2006 Act No. 318, Section 108, eff May 24, 2006.