reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-51 - Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.

49-16A-51. Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.
Each railroad authorized to construct, operate, or maintain a road within this state, may cross, intersect, join, and unite its road with any other railroad's previously constructed road, at any point on its route and upon the grounds of the other railroad, with the necessary turnouts, sidings, and switches, and other conveniences to further the objects of its connections. Each railroad whose road is intersected by any other railroad's new road shall unite with the other railroad to form such intersections and connections, and grant such facilities. If the railroads cannot agree upon the amount of compensation to be made, or the points and manner of the crossings and connections, the issue shall be determined by the circuit court. But no railroad which obtained a right of way and constructed its road at the point of intersection, before the application for such determination to the court was made, shall be required to alter the grade or change the location of its road.
Source:
SDC 1939, §52.0801 (6); SDCL, §49-16-11; SL 1980, ch 322, §50.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-52 - Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.

49-16A-52. Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
Each railroad authorized to construct, operate, or maintain a road within this state, may have and use equal room, ground, rights, privileges, and conveniences for its tracks, switches, sidings, and turnouts on any levee, river bank or front, or public landing, and on any street, block, alley, square, or public ground within an incorporated municipality, any charter or ordinance of any municipality to the contrary notwithstanding. To accomplish this, it may adjust, with other railroads, the ground to be occupied by each with such tracks, switches, sidings, and turnouts. If the railroads cannot agree upon an adjustment or reasonable compensation for damages caused by the adjustment, the adjustment and compensation shall be determined by the circuit court.
Source:
SDC 1939, §52.0801 (7); SDCL, §49-16-12; SL 1980, ch 322, §51.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-53 - Changing grade or location for convenience of public travel.

49-16A-53. Changing grade or location for convenience of public travel.
If a railroad finds it necessary, for the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or for other reasonable causes, to change the grade or location of any portion of its road, it may make such changes of grade and location not departing from its general route.
Source:
SDC 1939, §52.0807; SDCL, §49-19-19; SL 1980, ch 322, §52.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents.

49-16A-54. Liability for damages from change--Time for damage claim--Notice--Nonresidents.
A railroad is liable in damages, for injury which may have been caused by a change made pursuant to §49-16A-53, to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation.
Source:
SDC 1939, §52.0807; SDCL, §49-19-21; SL 1980, ch 322, §53.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-55 - Authorization to use public lands--Damage to occupant.

49-16A-55. Authorization to use public lands--Damage to occupant.
Each railroad is authorized to pass over, occupy, and enjoy all the public land, to the extent and in the manner prescribed by the act of Congress approved March 3, 1875. Any damages accruing to an occupant or possessory claimant, or other person who may reside on or have improvements upon such public land, shall be determined and paid for by the railroad the same as is provided for owners of private lands.
Source:
SDC 1939, §52.0815; SDCL, §49-20-4; SL 1980, ch 322, §54.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way.

49-16A-56. Authorization to use school or public lands--Width of right-of-way.
Each railroad authorized to construct a road in this state may locate and construct the road across any of the school or other public lands of the state, and may, for that purpose, hold, occupy, and enjoy a right-of-way therefor, fifty feet on each side of the center of the track of the road, and extra width as may be necessary for cuts, embankments, gravel pits, and other works of the road, or for the protection of the road from snow, subject to the approval of the Governor.
Source:
SDC 1939, §52.0816; SDCL, §49-20-5; SL 1980, ch 322, §55.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-57 - Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.

49-16A-57. Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
Each railroad authorized to construct a road in this state, that has surveyed its road, shall cause a plat of the road, clearly indicating the boundary line of the right-of-way and area in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated.
Source:
SDC 1939, §52.0816; SDCL, §49-20-6; SL 1980, ch 322, §56.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.

49-16A-58. Issuance of certificate reserving school and public lands for railroad.
The commissioner of school and public lands shall, upon the filing in his office by any railroad of a map of its road across any of the school or public lands, issue to that railroad a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the railroad to take, hold, and use such lands for the purposes of its railroads.
Source:
SDC 1939, §52.0816; SDCL, §49-20-7; SL 1980, ch 322, §57.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-59 - Filing as vesting right to use--Duration of right--Forfeiture for failure to use.

49-16A-59. Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
The filing with the commissioner of school and public lands of the map required by §49-16A-58 authorizes the railroad, for one year from the filing date, to enter upon the land so surveyed and selected and construct a road thereon. If the railroad does not construct its road across the land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map.
Source:
SDC 1939, §52.0816; SDCL, §49-20-8; SL 1980, ch 322, §58.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.

49-16A-60. Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
As soon as a road is constructed over such school and public lands, proven to the satisfaction of the Governor, and upon paying the full value of the lands taken, such value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right of way, to the railroad constructing the road, the right to hold and use the lands for purposes authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office.
Source:
SDC 1939, §52.0817; SDCL, §49-20-9; SL 1980, ch 322, §59.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid.

49-16A-61. Title relates back to filing--Subsequent grants invalid.
The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to §49-16A-58. No subsequent grant from the state to any other person of any tract of land shall divest the railroad of its rights authorized by this chapter.
Source:
SDC 1939, §52.0817; SDCL, §49-20-10; SL 1980, ch 322, §60.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-62 - Other rights-of-way across deeded lands.

49-16A-62. Other rights-of-way across deeded lands.
Nothing in this chapter shall be so construed as to prevent any other person from obtaining the right to enter upon and cross school or other public lands of the state and to maintain his right-of-way across or along such lands.
Source:
SDC 1939, §52.0817; SDCL, §49-20-11; SL 1980, ch 322, §61.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-63 - Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.

49-16A-63. Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.
The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school or other public lands crossed by any road and their location. In disposing of such lands the commissioner shall reserve the right-of-way for the use of the railroad by appropriate description.
Source:
SDC 1939, §52.0819; SDCL, §49-20-13; SL 1980, ch 322, §62.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road.

49-16A-64. Plat of proposed road filed with department--Grant of permit to construct road.
Any railroad planning to construct a road in this state, and having otherwise complied with all appropriate laws, shall file with the Department of Transportation a plat of the road proposed to be constructed, stating the principal points through which it is planned to construct the road. The department shall, if satisfied that the road is desirable and that there is a probability that it will be constructed, grant a permit to the railroad to construct the road.
Source:
SDC 1939, §52.0805; SDCL, §49-19-1; SL 1980, ch 322, §63.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-65 - Factors considered in assessing plat.

49-16A-65. Factors considered in assessing plat.
The Department of Transportation may, when assessing a plat submitted pursuant to §49-16A-64, consider all factors it deems relevant, including existing transportation facilities, their structure, physical condition, and location.
Source:
SL 1980, ch 322, §64.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-66 - Publicly constructed or acquired railroads as public highways.

49-16A-66. Publicly constructed or acquired railroads as public highways.
All roads constructed or acquired by the state or any political subdivision for use by a railroad are works of public necessity and importance and are public highways.
Source:
SL 1980, ch 322, §65.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-69 - Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.

49-16A-69. Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.
If it appears that the necessity for the drainage of land adjacent to the right-of-way of a railroad is caused by the failure of the railroad to have a sufficient opening in its embankment or any other defect in construction, then the expense of the drainage shall be assessed wholly against the railroad; otherwise it shall be assessed against the complainant, except where the necessity for the drainage is partly attributed to the railroad. In that event the expense shall be apportioned between the railroad and the complainant in an equitable manner.
Source:
SDC 1939, §52.0830; SDCL, §49-20-18; SL 1980, ch 322, §68.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition.

49-16A-71. Extension of fireguards along right-of-way--Condemnation procedure--Petition.
Whenever a railroad owning or operating any road in this state, and authorized by law to exercise the right of condemning private property, deems it necessary to extend a fireguard along a road or any part of the road, and beyond the limits of the right-of-way of the railroad, it may do so, and for that purpose shall proceed in extending the fireguards in the manner provided by law pertaining to condemnation proceedings. The petition filed shall describe the desired fireguard and give any other particulars necessary to the determination of all the questions involved in the proceedings.
Source:
SDC 1939, §52.0821; SDCL, §49-20-20; SL 1980, ch 322, §70.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width.

49-16A-72. Extension of fireguards on unoccupied land--Right to burn--Maximum width.
Any railroad within this state deeming it necessary to extend its fireguards may, for that purpose, enter upon any unoccupied land belonging to the state and burn a strip of land not exceeding two hundred feet in width on either side of its right of way.
Source:
SDC 1939, §52.0822; SDCL, §49-20-21; SL 1980, ch 322, §71.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-73 - Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.

49-16A-73. Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.
Upon application of any interested person the Department of Transportation shall direct the manner in which railroads provide facilities for transferring cars or freight from one railroad's road to another. Each connecting railroad shall pay its proportionate share of the building and maintenance of the tracks and switches necessary to furnish the transfer facilities required by the department.
Source:
SDC 1939, §52.0242; SDCL, §49-21-14; SL 1980, ch 322, §72.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-74 - Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.

49-16A-74. Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.
In case the connecting railroads cannot agree on the amount which each railroad shall pay pursuant to §49-16A-73, then the amount shall, upon application of either party, be determined by the circuit court for the county where transfer facilities are furnished.
Source:
SDC 1939, §52.0242; SDCL, §49-21-15; SL 1980, ch 322, §73.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-75 - Eminent domain power--Authorization by Governor or commission required--Hearing on application.

49-16A-75. Eminent domain power--Authorization by Governor or commission required--Hearing on application.
A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute, but only upon obtaining authority from the Governor or if directed by the Governor, or the commission, based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission shall consider the requirements of §§49-16A-75.1 to 49-16A-75.3, inclusive, when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26. However, an impartial hearing examiner may be appointed by the Governor or the commission to administer the proceedings or make recommendations. Any parties who are united in interest or representation shall unite in the filing of an affidavit for change of hearing examiner under the provisions of §1-26D-10. The filing of such affidavit by one party is deemed to be filed by all of the parties. No more than one change of hearing examiner may be granted on request or affidavit made by or on behalf of the same party or parties united in interest under the provisions of §1-26D-10. However, the filing of an affidavit and the first change of hearing examiner does not prevent any other party to the action or any party's attorney from obtaining a change in hearing examiner upon a showing of an unacceptable risk of actual bias or prejudice concerning a party. The Governor or the chair of the commission shall replace the hearing examiner within five business days upon any recusal. A hearing shall be held and a decision rendered on any application within ninety days following the receipt of a new application and upon any application pending before the Governor or the commission on July 1, 2008.
The denial or withdrawal of an application does not prejudice the ability of a railroad to resubmit an application. Any appeal, pursuant to chapter 1-26, taken from a decision of the Governor or the commission shall be handled as an expedited appeal by the courts of this state.
Source:
SL 1980, ch 322, §74; SL 1999, ch 222, §4; SL 2008, ch 238, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain.

49-16A-75.1. Commission to promulgate rules for railroad seeking to exercise eminent domain.
The commission shall in accordance with chapter 1-26, promulgate rules:
(1)Establishing a form upon which a railroad may apply for authority to exercise the right of eminent domain;
(2)Specifying the information to be submitted by an applicant; and
(3)Administering applications for authority to exercise the right of eminent domain.
Source:
SL 1999, ch 222, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity.

49-16A-75.2. Railroad carries burden of proof to show public necessity.
The applicant has the burden of proving by a preponderance of the evidence that the exercise of the right of eminent domain is a public use consistent with public necessity.
Source:
SL 1999, ch 222, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal.

49-16A-75.3. Determination of public use consistent with public necessity--Appeal.
A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain. No determination of public use or necessity or any other issue properly decided by the Governor or the commission may be addressed by the circuit court in an action for condemnation. Such a determination may only be challenged upon direct appeal of that determination. Notwithstanding appeal of such determination, the railroad may proceed at any time by action in circuit court for possession and determination of compensation for any real property taken or damaged.
Source:
SL 1999, ch 222, §7; SL 2006, ch 232, §1; SL 2008, ch 238, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession.

49-16A-75.4. Proceedings to establish compensation--Physical possession.
Upon a failure to reach agreement on compensation following a determination pursuant to §49-16A-75.3, either party may bring a proceeding in state court to establish compensation to be paid for the property taken or damaged. The court shall expedite the proceedings. A railroad is not entitled to physical possession of the property to be taken pursuant to the exercise of eminent domain except upon the earlier to occur of either:
(1)Execution of a written agreement between the parties as to fair market value of compensation;
(2)Entry of a judgment of condemnation in the circuit court; or
(3)Upon posting by the railroad of a bond to be established by the court as soon as possible but no later than one hundred twenty days following petition by the railroad for possession. The bond shall be in an amount the court determines to be a preliminary estimate of compensation based on the best information available, but is not determinative of final compensation or admissible as evidence thereon.
Source:
SL 2008, ch 238, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-76 - Powers--Acceptance of voluntary grants for railroad purposes.

49-16A-76. Powers--Acceptance of voluntary grants for railroad purposes.
Each railroad authorized to construct, operate, or maintain a road within this state, may take and hold such voluntary grants of real and other property as are made to it, to aid in the construction, maintenance, and accommodation of its road. Any real property received by voluntary grant shall be held and used for the purposes of the grant only.
Source:
SDC 1939, §52.0801 (2); SDCL, §49-16-7; SL 1980, ch 322, §75.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-77 - Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.

49-16A-77. Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.
Each railroad authorized to construct, operate, or maintain a road within this state, may lay out a road not exceeding one hundred feet in width, and construct it. For the purpose of cuttings and embankments and of obtaining gravel or other material, the railroad may take as much land as may be necessary for the proper construction, operation, and security of the road, and for the protection of the road from snow, and may cut down any standing trees that may be in danger of falling on the road. The railroad shall provide compensation, as provided by law, for lands taken for the use of a railroad.
Source:
SDC 1939, §52.0801 (4); SDCL, §49-16-9; SL 1980, ch 322, §76.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation.

49-16A-78. Entries upon land--Appropriation of land--Purposes of appropriation.
Each railroad authorized to construct, operate, or maintain a road within this state may enter upon any land for the purpose of examining and surveying its road, and may take, hold, and appropriate so much real property as may be necessary for the location, construction, and convenient use of its road, including all necessary grounds for buildings, stations, workshops, depots, machine shops, switches, sidetracks, snow defenses, and water stations. It may take all materials for the construction of the road and its appurtenances, and the right of way over adjacent land sufficient to enable the railroad to construct and repair its road. The railroad may obtain the right to such real property by purchase or condemnation in the manner provided by law.
Source:
SDC 1939, §52.0811; SDCL, §49-20-1; SL 1980, ch 322, §77.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-79 - Condemnation for spur tracks to serve industry.

49-16A-79. Condemnation for spur tracks to serve industry.
Each railroad owning, leasing, or operating a road in this state may condemn property for the right-of-way of spur tracks designed to reach or serve industries or industrial enterprises, such as mills, mines, smelters, factories, warehouses, and other manufacturing and industrial enterprises, for which freight train service is not performed.
Source:
SDC 1939, §52.0825; SDCL, §49-22-11; SL 1980, ch 322, §78.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys.

49-16A-80. Entry and appropriation for changing location or grade--Surveys.
For the purpose of making any change in the location and grades of a road pursuant to §49-16A-79, a railroad has all the rights, powers, and privileges to enter upon and appropriate such real property and make surveys necessary to effect such changes and grades, upon the same terms and subject to the same obligations, rules, and regulations as are prescribed by law.
Source:
SDC 1939, §52.0807; SDCL, §49-19-20; SL 1980, ch 322, §79.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-81 - Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.

49-16A-81. Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.
If it is necessary for a road to occupy a road, street, alley, or public way, or ground of any kind, the municipal or other corporation, or public officer or public authorities owning or having charge thereof, and the railroad, may agree on the manner, terms and conditions on which the same may be used or occupied. If the parties are unable to agree and it is necessary, in the judgment of the railroad, to use or occupy such road, street, alley, or other public way or ground, the railroad may appropriate so much of the same as may be necessary for the purposes of its road, in the same manner and on the same terms as provided in this chapter for the appropriation of the property of individuals.
Source:
SDC 1939, §52.0823; SDCL, §49-20-15; SL 1980, ch 322, §80.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court.

49-16A-82. Purchase of land--Failure to agree upon price--Determination by circuit court.
A railroad may purchase and use real property for a price to be agreed upon with its owners. The damages to be paid for any real property taken, when not agreed on, shall be determined by the circuit court for the county where the real property is situated, in conformity with the law pertaining to condemnation proceedings.
Source:
SDC 1939, §52.0813; SDCL, §49-20-2; SL 1980, ch 322, §81.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-83 - Railroad-highway grade crossings.

49-16A-83. Railroad-highway grade crossings.
The Department of Transportation may require and regulate construction of railroad and highway crossings as provided by chapter 31-27.
Source:
SDC 1939, §52.0910; SDCL, §49-20-22; SL 1976, ch 294, §24; SL 1980, ch 322, §82.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-84 - Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.

49-16A-84. Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.
A railroad may raise or lower any public highway, not within the limits a municipality, for a railroad crossing, by petitioning the board of county commissioners, if the place is not a part of the state highway system, or by petition to the Department of Transportation if it is a part of the state system, but must guarantee to place and keep it in as good repair and condition as before the alteration was made, at its own expense. The grade approaching the crossing shall not exceed ten percent at any point thereof.
Source:
SDC 1939, §52.0828; SDCL, §49-19-23; SL 1980, ch 322, §83.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-85 - Temporary routes during change of grade construction.

49-16A-85. Temporary routes during change of grade construction.
A railroad, while raising or lowering a public highway, or while making any other alterations which obstruct a public highway, shall provide and keep suitable temporary ways in good order to enable traffic to avoid or pass the obstruction.
Source:
SDC 1939, §52.0828; SDCL, §49-19-24; SL 1980, ch 322, §84.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.

49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right-of-way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed.
Source:
SDC 1939, §52.0909; SDCL, §49-19-26; SL 1980, ch 322, §85; SL 1984, ch 216, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-87 - Crossing standards--Warning sign.

49-16A-87. Crossing standards--Warning sign.
Each railroad shall construct at all points where its road crosses any public road, good, sufficient, and safe crossings and shall erect at such points, at a sufficient elevation from the road to admit free passage of vehicles of every kind, a sign with large and distinct letters giving notice of the proximity of the road and warning persons of the necessity for looking out for trains.
Source:
SDC 1939, §52.0923; SDCL, §49-25-16; SL 1980, ch 322, §86.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad.

49-16A-88. Warning signs--Erection by county commissioners at expense of railroad.
If a railroad refuses or neglects, for more than thirty days after notice given by a board of county commissioners, to comply with the provisions of §49-16A-87, it is the duty of the board to erect the signs, and the railroad is liable for all expenses so incurred by the board.
Source:
SDC 1939, §52.0923; SDCL, §49-25-18; SL 1980, ch 322, §87.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department.

49-16A-89. Crossings--Erection of lighting or alarms at order of department.
If, in the opinion of the Department of Transportation, it is necessary for the safety and protection of the public that street crossings over railroad tracks be lighted or street crossing alarms be installed to notify the public of approaching trains, the department shall order the railroad over whose road such street crosses to install crossing alarms or order the crossings to be lighted, or order both alarms and lighting by the railroad in a manner and method as, in the opinion of the department, will be the most suitable for the protection of the public.
Source:
SDC 1939, §52.0927; SDCL, §49-25-15; SL 1980, ch 322, §88; SL 1984, ch 216, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational.

49-16A-89.1. Erection of stop signs until alarms or lighting operational.
If the Department of Transportation orders a railroad to install crossing alarms or orders a crossing to be lighted pursuant to §49-16A-89, the department shall erect and maintain stop signs, which conform with standards found in the manual on uniform traffic control devices, at the crossing from the time of issuance of the order until such time as the alarms or lighting have been installed and are operational.
Source:
SL 1987, ch 347.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-89.2 - Alarm or lighting device required where railroad crosses state trunk highway system.

49-16A-89.2. Alarm or lighting device required where railroad crosses state trunk highway system.
Any railroad tracks over which an operating train travels which crosses a portion of the state trunk highway system, as defined in chapter 31-4, shall have a crossing alarm or a lighting device, or both, to alert the public of approaching trains and to notify the public of trains crossing the highway. The crossing alarm or lighting device shall be in place by December 31, 1998. The Department of Transportation shall decide the method which is most suitable for the protection of the public. The Department of Transportation shall use any federal highway safety funds to pay for the crossing alarms and lighting devices. However, if federal highway safety funds are not available, the railroad owning or operating the tracks is liable for the expenses of the crossing alarm or lighting device.
Source:
SL 1996, ch 272.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.

49-16A-90. Tampering with light or signal--False light or signal--Felony.
Any person who unlawfully masks, alters, or removes a light or signal, or intentionally exhibits a false light or signal with intent to bring a locomotive, railroad car, or train of cars into danger is guilty of a Class 4 felony.
Source:
SDC 1939, §13.1621; SDCL, §49-25-19; SL 1980, ch 322, §89; SL 1983, ch 15, §110.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-91 - Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.

49-16A-91. Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
If the owner of a tract of land abutting on a road within this state plans to inclose the tract and constructs a good and sufficient fence about the tract on all sides except along the side abutting the road, the railroad shall supply the landowner with the materials needed to construct a fence not less than four and one-half feet high. If the owner incloses a tract of land with a woven wire fence with wires crossing each other close enough to keep sheep and hogs confined, the railroad shall supply the landowner with the materials needed to construct a like fence along its right-of-way on the side of the tract so far as it extends along the road. The railroad shall maintain or supply the materials to maintain the fence in good repair and condition until released by the owner of the tract, or until the owner of the tract ceases to maintain his portion of the fence in good repair and condition for one year.
Source:
SDC 1939, §52.0910; SDCL, §49-20-22; SL 1976, ch 294, §24; SL 1980, ch 322, §90.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.

49-16A-92. Notice to railroad to erect fence--Contents of notice--Time for compliance.
If the owner of a tract of land has completed his portion of the fence around the proposed inclosure, he shall give written notice of its completion to the railroad on whose road the tract is situated, by service on the railroad describing in the notice the situation of the tract and the appropriate number of acres to be inclosed and the length of the fence required along the line of the railroad to complete the proposed inclosure.
The railroad shall supply the materials needed to construct and complete its portion of the fence within forty-five days after the service of the notice.
Source:
SDC 1939, §52.0911; SDCL, §49-20-23; SL 1976, ch 294, §25; SL 1980, ch 322, §91.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-93 - Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.

49-16A-93. Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
If a railroad neglects or refuses to comply with the requirements of §§49-16A-91 and 49-16A-92, the owner of the tract may construct or repair the fence along the road, and the railroad is liable to the owner for an amount not exceeding the actual cost of all materials used in the construction or repair of the fence of like construction but excluding all cost of labor, which may be recovered in a civil action. The railroad is also liable for all damages accruing by reason of its neglect or refusal. However, a railroad is not required to build fences nor be liable for any damages for refusal to build fences when the earth is frozen.
Source:
SDC 1939, §52.0912; SDCL, §49-20-24; SL 1969, ch 199; SL 1976, ch 294, §26; SL 1980, ch 322, §92.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-94 - Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.

49-16A-94. Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.
No railroad employee shall be held liable for any railroad engine or cars occupying or blocking any street, road, or highway grade crossing where such occupying or blocking is necessitated or required in order to comply with a rule, regulation or order issued by any state or federal regulatory body.
Source:
SL 1977, ch 388; SDCL Supp, §49-24-18; SL 1980, ch 322, §93.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-96 - Bridges and abutments--Maintenance.

49-16A-96. Bridges and abutments--Maintenance.
Each railroad shall maintain and keep in good repair all of its bridges and their abutments.
Source:
SDC 1939, §52.0829; SDCL, §49-19-27; SL 1980, ch 322, §95.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroad construction.

49-16A-98. Restoration and maintenance of watercourses and highways affected by railroad construction.
Each railroad shall restore every stream of water, watercourse, street, highway, toll road, turnpike, or canal, across, along, or upon which its road is constructed, to its former state or to such condition as that its usefulness is not materially impaired, and shall maintain the same in such condition against any effects produced by such railroad.
Source:
SDC 1939, §52.0907; SDCL, §49-19-28; SL 1980, ch 322, §97.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.

49-16A-100. Utility poles and wires on right-of-way--Commission to regulate.
The Public Utilities Commission shall make rules and regulations for the setting of poles on railroad right-of-way, and the stringing or suspending of telephone, telegraph, electric, or other wires over the track of railroads.
Source:
SDC 1939, §52.0258; SDCL, §49-7-3; SL 1980, ch 322, §99.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.

49-16A-100.1. Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.
Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to cross over or under the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way.
Source:
SL 2006, ch 232, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way.

49-16A-100.2. Definitions relating to utility crossing of railroad right-of-way.
Terms used in §§49-16A-100.2 to 49-16A-100.10, inclusive, mean:
(1)"Railroad," any nonpublic association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad;
(2)"Rural water system," an entity engaged in the treatment, distribution, and sale of water to rural consumers that was created by chapters 34A-5, 46A-3A, or 46A-9 or any nonprofit corporation engaged in such activity;
(3)"Utility," electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system;
(4)"Crossing," the construction, operation, repair, or maintenance of a facility, over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way;
(5)"Facility," any item of personal property placed over, across, or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone, or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, or attachments;
(6)"Special circumstances," includes the railroad crossing's relationship to other property, location of the crossing in urban or other developed areas, the existence of unique topography or natural resources, or other dangers inherent in the particular crossing.
Source:
SL 2014, ch 217, §9; SL 2016, ch 223, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.3 - Notice and application for placement of utility facility across railroad right-of-way.

49-16A-100.3. Notice and application for placement of utility facility across railroad right-of-way.
Any utility that intends to place a facility across a railroad right-of-way shall provide to the railroad notice of the placement at least thirty days before the placement. The notice shall include a completed crossing application, including a drawing showing the location of the proposed crossing and the railroad's property, tracks, and wires that the utility will cross. The utility shall submit the crossing application on a form provided or approved by the railroad, if available. The crossing application shall be sent to the railroad by certified mail, return receipt requested. The application shall be accompanied by the crossing fee as set forth in §49-16A-100.5, and a certificate of insurance as required by §49-16A-100.6.
Source:
SL 2014, ch 217, §1; SL 2016, ch 223, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-100.4 - Commencement of construction across railroad right-of-way_Exception.

49-16A-100.4. Commencement of construction across railroad right-of-way--Exception.
Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility.
Source:
SL 2014, ch 217, §2; SL 2016, ch 223, §3.