reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.

49-13-9.1. Corporations and business entities may appear without counsel in certain cases.
In any complaint to the commission by any person claiming to be damaged by any telecommunications company or motor carrier in which damages in the amount of three thousand dollars, or less, are claimed, any corporation, cooperative corporation, limited liability company, or limited liability partnership may represent itself through a designated employee without any requirement of representation by legal counsel.
Source:
SL 2003, ch 236, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-13 - Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.

49-13-13. Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.
If, after a hearing pursuant to this chapter, it appears to the satisfaction of the commission that anything has been done or omitted to be done in violation of the provisions of laws of this state, or that any individual or joint rate or charge demanded, charged, collected, or received by any telecommunications company or motor carrier subject to the provisions of this title, or that any individual or joint classifications, regulations, or practices of a telecommunications company or motor carrier are unjust, unreasonable, unjustly discriminatory, unduly preferential, prejudicial, or otherwise in violation of the laws of this state, or that any injury or damage has been sustained by any person, the commission may determine and prescribe the just and reasonable charge, to be observed as the maximum to be charged. The commission shall also determine what classification, regulation, or practice is just, fair, and reasonable to be thereafter followed, and to make an order that such telecommunications company or motor carrier shall cease and desist from the violations to the extent that the commission finds them to exist. The telecommunications company or motor carrier may not thereafter publish, demand, collect, or receive any rate or charge for in excess of the maximum rate or charge prescribed and they shall adopt the classification and conform and abide by the regulations or practices prescribed by the commission.
Source:
SDC 1939, §52.0303; SL 1979, ch 307, §81; SL 1987, ch 345, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-14 - Determination of damages--Order directing payment.

49-13-14. Determination of damages--Order directing payment.
The commission may determine the extent of any injury or damage which it finds to have been sustained by any person, telecommunications or motor carrier. If the commission determines that any person is entitled to reparation or to an award of damages, the commission shall make an order directing the telecommunications company or motor carrier to pay to such person the sum of money to which he may be entitled, on or before a named day.
Source:
SDC 1939, §52.0303; SL 1987, ch 345, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-14.1 - Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.

49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.
Source:
SDC 1939, §52.0214; SDCL, §49-3-21; SL 1987, ch 345, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-14.2 - Necessity for demand before suit.

49-13-14.2. Necessity for demand before suit.
If a telecommunications company or motor carrier is liable under §49-13-14.1, a demand in writing on the telecommunications company shall be made for the money damages sustained before suit is brought for recovery under §49-13-14.1, and no suit may be brought until the expiration of thirty days after the demand.
Source:
SDC 1939, §52.0214; SDCL, §49-3-22; SL 1987, ch 345, §28.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.

49-13-16. Presumption of validity of order--Burden to prove invalidity.
If any action or proceeding or order of the commission comes into question, the validity of the order is presumed. It is not necessary to allege or prove any fact upon which the validity of the order depends, but the burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity.
Source:
SDC 1939, §52.0310; SL 1987, ch 345, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-17 - Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.

49-13-17. Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.
If a commission order is in effect, other than one for payment of money, and a telecommunications company or motor carrier violates or neglects that order, the commission or any interested person or a person injured by the telecommunications company or motor carrier's failure to obey the order or the attorney general may apply to a circuit court of proper jurisdiction, in which the telecommunications company or motor carrier is operating for a writ of mandamus for the enforcement of the commission's order.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-18 - Issuance of mandamus or other proper process.

49-13-18. Issuance of mandamus or other proper process.
If, after hearing, the court to which the application was made pursuant to §49-13-17 determines that the commission's order was made and served upon the telecommunications company or motor carrier and the telecommunications company or motor carrier fails to obey, the court shall enforce obedience to the order by peremptory writ of mandamus or other proper process, mandatory, or otherwise, to restrain the telecommunications company or motor carrier from further violating or disobeying the order of the commission, and enjoining the telecommunications company or motor carrier's obedience.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.

49-13-19. Enforcement of mandamus or other proper process for failure to obey.
If a telecommunications company or motor carrier disobeys the writ of mandamus or other proper process, mandatory or otherwise, issued pursuant to §49-13-18, the court may issue writs of attachment or other process of the court incident or applicable to writs of mandamus or other proper process, peremptory or otherwise, against the telecommunications company or motor carrier and, if it is a corporation, against one or more of its directors, officers, or agents or against any owner, lessee, trustee, receiver, or other person failing to obey the writ of mandamus or other process, mandatory or otherwise.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-20 - Money judgment for default in compliance--Disposition of money.

49-13-20. Money judgment for default in compliance--Disposition of money.
The court which issues the writ of mandamus or other proper process, mandatory or otherwise, pursuant to §49-13-18, may make an order directing the telecommunications company or motor carrier or other person disobeying the writ or other process to pay a sum of money not exceeding, for each telecommunications company or motor carrier or person in default, the sum of one thousand dollars for each day after the day named in the order. By an order from the court, the money shall be paid to the treasury of the county in which the action was commenced, and one-half thereof shall be transferred by the county treasurer to the state treasurer.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §33.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.

49-13-21. Recovery of moneys by attachment or execution--Appeal to Supreme Court.
Any payment ordered pursuant to §49-13-20 may, without any prejudice to any other mode of recovery, be enforced by attachment or order in the nature of a writ of execution, in the same manner that it would be recovered by a final judgment in personam in the circuit court. The commission or any other interested party may appeal to the Supreme Court of this state under the regulations provided by law in relation to appeals, except as provided by §49-13-22.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §34.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-22 - Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.

49-13-22. Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.
In no case may security for an appeal under §49-13-21 be required in an appeal taken by the commission but no appeal to the Supreme Court may operate to stay or supersede the order of the court, or the execution of any writ or process thereon, and the court may in every such matter order the payment of the costs and attorney fees considered to be reasonable.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-23 - Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.

49-13-23. Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
If a petition under §49-13-17 is filed, presented, or to be prosecuted by the commission, by its initiative, the commission may require the attorney general to prosecute. In the prosecution, the attorney general may request the assistance of the state's attorney of that county in any proceedings that are instituted. The state's attorney shall render assistance. The costs and expenses on the part of the commission for the prosecution shall be paid out of the appropriations for the expenses of the commission.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §36.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-24 - Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.

49-13-24. Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.
If any telecommunications company or motor carrier does not comply with an order for the payment of money by the commission within the time limit of the order, any person for whose benefit the order was made may file in any court of competent jurisdiction of this state a petition or complaint setting forth the causes for which damages are claimed, the proceedings before the commission, and the report and order of the commission in the premises. The suit shall proceed in all other respects as other civil actions for damages, except as provided in §§49-13-25 and 49-13-26.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-25 - Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.

49-13-25. Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.
In the trial of an action pursuant to §49-13-24, the evidence introduced in the proceedings before the commission shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the commission may be introduced at the court trial. The report and order of the commission in the premises shall be taken and held to be prima facie evidence of the facts stated therein.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §38.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.

49-13-26. Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
The plaintiff in a suit pursuant to §49-13-24 is not liable for costs at any stage of the proceedings unless the costs accrue on appeal to the Supreme Court, and if the plaintiff eventually prevails, he shall be allowed reasonable attorney fees to be taxed and collected as a part of the costs of the suit.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §39.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 13 - Procedure On Complaints To Public Utilities Commission › Section 49-13-27 - Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.

49-13-27. Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.
In all suits pursuant to §49-13-24, all parties in whose favor the commission has made an award of damages to a single order may be joined as plaintiffs, and all parties against whom the order awarding the damages is made, may be joined as defendants. The suits may be maintained by joint plaintiffs against joint defendants, in any court of proper jurisdiction in this state. Service of process against any one of such defendants not found in the county where the suit is brought may be made in any county where the defendant operates its lines or maintains an office. In case of a joint suit, the recovery, if any, may be by judgment in favor of any one or more of the plaintiffs, and against any one or more of the defendants.
Source:
SDC 1939, §52.0304; SL 1987, ch 345, §40.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-1 - Definitions of terms.

49-16A-1. Definitions of terms.
Terms used in this chapter mean:
(1)"Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting freight in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire;
(2)"Department," the Department of Transportation created by chapter 1-44;
(3)"For hire," the condition of receiving remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of freight;
(4)"Freight," all property tendered for transportation by a railroad;
(5)"Railroad," any association or corporation, or other entity, other than a state agency or authority, engaged in operating a common carrier by rail regardless of motive power used, excluding street railroads;
(6)"Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks, interchanges, and all other fixtures and real property owned or operated by a railroad to discharge its obligations as a common carrier by rail;
(7)"Shipper," a consignor or consignee;
(8)"Commission," the Transportation Commission created by §1-44-4;
(9)"Negotiated in good faith," a bona fide offer to pay all costs and damages as compensation for the acquisition of property desired by the applicant for the construction or reconstruction of a road, including the economic costs or diminution associated with or caused by the construction or reconstruction if there is a partial taking of property.
Source:
SL 1980, ch 322, §1; SL 1990, ch 372, §1; SL 1999, ch 222, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-2 - Corporation law--Applicability to railroads.

49-16A-2. Corporation law--Applicability to railroads.
Every railroad operating in this state is subject to the applicable provisions of Title 47 of the South Dakota Codified Laws except where in conflict with this chapter, but may additionally exercise the powers authorized by this chapter and is subject to the duties contained in this chapter.
Source:
SL 1980, ch 322, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-3 - Chapters governing railroads.

49-16A-3. Chapters governing railroads.
All railroads, unless built and operated solely for private purposes, are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapters 49-17 and 49-17A.
Source:
SL 1980, ch 322, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-5 - Freight charges to be just and reasonable.

49-16A-5. Freight charges to be just and reasonable.
All charges for carriage of freight by railroad must be just and reasonable.
Source:
SL 1980, ch 322, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined.

49-16A-6. Freight charges to be uniformly applied--Unreasonable discrimination defined.
A railroad providing transportation may not charge or receive from a person a different compensation for a service rendered, or to be rendered, in transportation the railroad may perform than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of freight under substantially similar circumstances. A railroad that charges or receives a different compensation for that service unreasonably discriminates.
Source:
SL 1980, ch 322, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-7 - Unreasonable discrimination prohibited.

49-16A-7. Unreasonable discrimination prohibited.
A railroad providing transportation or service may not subject a person, place, port, or type of traffic to unreasonable discrimination.
Source:
SL 1980, ch 322, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony.

49-16A-8. Transportation or service at cut rate or discrimination as felony.
A person who knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a railroad at less than the rate in effect or by practicing discrimination is guilty of a Class 6 felony.
Source:
SL 1980, ch 322, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual.

49-16A-9. Failure to file or observe rates or tariffs as felony--Corporation or individual.
Any railroad providing transportation or service or an officer, director, receiver, trustee, lessee, agent, or employee of such railroad that intentionally does not file and publish its rate or tariffs as required by law or observe those tariffs is guilty of a Class 6 felony.
Source:
SL 1980, ch 322, §9; SL 1983, ch 15, §109.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-10 - Individual acts or omissions in scope of employment.

49-16A-10. Individual acts or omissions in scope of employment.
When acting in the scope of his employment, the actions and omissions of a person acting for or employed by a carrier or shipper that is subject to §§49-16A-8 and 49-16A-9 are considered to be the actions and omissions of that person.
Source:
SL 1980, ch 322, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-11 - Venue of criminal prosecution.

49-16A-11. Venue of criminal prosecution.
Trial of a criminal action under §§49-16A-9 and 49-16A-10 shall be in the circuit court for the county in which any part of the violation was committed or through which the transportation was conducted.
Source:
SL 1980, ch 322, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-19 - Restraint of trade provisions applicable to railroads.

49-16A-19. Restraint of trade provisions applicable to railroads.
For the purposes of intrastate commerce, a railroad is not a regulated utility as defined in §37-1-3.5 and is subject to the provisions of chapter 37-1.
Source:
SL 1980, ch 322, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-20 - Single-line rates as restraint of trade.

49-16A-20. Single-line rates as restraint of trade.
Except where permitted under federal law, membership of a railroad in any group, organization, or bureau, or an agreement for the purpose of discussing or establishing single-line rates, or the establishment of a single-line rate through such a membership or under the influence of such a membership by a railroad, is restraint of trade within the meaning of §37-1-3.1.
Source:
SL 1980, ch 322, §20.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-21 - Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.

49-16A-21. Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.
Two or more railroads which establish through rates, joint rates, or joint through rates for intrastate commerce as required by §49-16A-38 are not subject to §37-1-3.1 unless the intent or effect is to violate §37-1-3.2.
Source:
SL 1980, ch 322, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-22 - Pooling agreements as restraint of trade.

49-16A-22. Pooling agreements as restraint of trade.
Any pooling agreement or arrangement among railroads or among railroads and other common carriers is a violation of §§37-1-3.1 and 37-1-3.2.
Source:
SL 1980, ch 322, §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-23 - Common carrier obligations--Limitation.

49-16A-23. Common carrier obligations--Limitation.
The common carrier obligations of a railroad cannot be limited by general notice, but may be limited by special contract in writing.
Source:
SL 1980, ch 322, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-24 - Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.

49-16A-24. Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
By accepting a bill of lading or written contract for carriage with knowledge of its terms, a shipper assents to the rate of hire and the time, place, and manner of delivery stated. His assent to any other modification of a railroad's rights or obligations contained in a bill of lading or other written contract can be manifested only by his signature to the same.
Source:
SL 1980, ch 322, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-25 - Lien for freightage.

49-16A-25. Lien for freightage.
A railroad has a lien for freightage which is regulated by the title on liens.
Source:
SDC 1939, §8.0508; SDCL, §49-5-19; SL 1980, ch 322, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-26 - Preference to federal and state governments.

49-16A-26. Preference to federal and state governments.
A railroad must always give a preference in time and may give a preference in price to the United States and to this state for transportation of freight under a declaration of emergency by the Governor.
Source:
SL 1980, ch 322, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-27 - Gratuitous shipment by railroad without reward--Duties.

49-16A-27. Gratuitous shipment by railroad without reward--Duties.
A railroad without reward is subject to the same rules as gratuitous employees unless otherwise provided by statute. A railroad must complete any undertaking it has commenced the same as if it had received reward, unless it restores the freight carried to as favorable a position as before carriage was commenced.
Source:
SL 1980, ch 322, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-28 - Directions of shipper--Conflicting directions--Delivery.

49-16A-28. Directions of shipper--Conflicting directions--Delivery.
A railroad must comply with the directions of a shipper to the same extent that an employee must comply with those of his employer. If the directions are conflicting, the railroad must comply with those of the consignor on all matters except delivery of the freight. On delivery he must comply with directions of the consignee unless the consignor has specially forbidden the railroad to receive orders from the consignee inconsistent with his own.
Source:
SDC 1939, §8.0303; SDCL, §49-5-3; SL 1980, ch 322, §28.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-29 - Delivery at nearest station absent usage to contrary.

49-16A-29. Delivery at nearest station absent usage to contrary.
If there is no usage to the contrary at the place of delivery, freight carried on a railroad may be delivered at the station nearest the place to which it is addressed.
Source:
SDC 1939, §8.0306 (1); SDCL, §49-5-5; SL 1980, ch 322, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-30 - Services other than carriage and delivery--Statutes governing.

49-16A-30. Services other than carriage and delivery--Statutes governing.
In respect to any service rendered by a railroad transporting freight, other than its carriage and delivery, its rights and obligations are according to the statutes on deposit and employer and employee.
Source:
SDC 1939, §8.1007; SDCL, §49-5-21; SL 1980, ch 322, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-31 - Delivery to connecting carrier--Liability to final destination.

49-16A-31. Delivery to connecting carrier--Liability to final destination.
If a railroad accepts freight for a place beyond its usual route, it must, unless it stipulates otherwise, deliver the freight at the end of its route in that direction to another competent common carrier which goes to the place of address or is connected with other competent common carriers which go to the final destination. A railroad's liability does not cease until delivery of the freight has been made at its final destination.
Source:
SDC 1939, §8.1005; SDCL, §49-5-26; SL 1980, ch 322, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-32 - Railroad responsible for agents' acts.

49-16A-32. Railroad responsible for agents' acts.
A railroad, operating as a common carrier, is absolutely responsible for the acts of its agents while acting in the scope of their agency when transporting freight.
Source:
SDC 1939, §52.0246; SDCL, §49-5-28; SL 1980, ch 322, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-33 - Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand.

49-16A-33. Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand.
If freight, addressed to a place beyond the usual route of the railroad which first received it, is lost or injured the railroad must, within a reasonable time after demand, give satisfactory proof to the shipper that the loss or injury did not occur while the freight was in its possession.
Source:
SDC 1939, §8.1006; SDCL, §49-5-27; SL 1980, ch 322, §33.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-34 - Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns.

49-16A-34. Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns.
Every claim for loss or injury to property in any manner, or overcharge for freight, for which a railroad in this state is liable, shall be adjusted, paid in full, or rejected by such railroad within sixty days after a written claim, stating the amount and the nature thereof accompanied by the original or duplicate bill of lading or shipping receipt, showing the amount paid for or on account of the shipment, is filed with any claims agent of the railroad over whose road the shipment was made. The original or duplicate bill of lading or shipping receipt shall be returned to the complainant when the claim is rejected or the time limit has expired.
Source:
SDC 1939, §52.0251; SDCL, §49-5-29; SL 1980, ch 322, §34.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative.

49-16A-35. Suit on claim--Interest--Attorney fee--Remedy cumulative.
If any claim described in §49-16A-34 is not adjusted and paid within the time limited by §49-16A-34, the railroad is liable for interest at the current maximum usury rate allowed by law from the date of the filing of the claim and may also be liable for a reasonable attorney fee at the court's discretion, all to be recovered by the shipper or other person in interest, in any court of competent jurisdiction. In bringing suit for the recovery of any such claim for loss or injury, if the shipper or other person in interest fails to recover a judgment in excess of the amount that may have been tendered in an effort to make settlement of the claim by the railroad, then such shipper or person in interest shall not recover the interest or attorney fee provided for in this section. The remedy afforded by this section is cumulative to any other provided by law.
Source:
SDC 1939, §52.0251; SDCL, §49-5-30; SL 1980, ch 322, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-36 - Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void.

49-16A-36. Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void.
Any provision, stipulation, or condition in a contract for carriage or other agreement made or entered into by or between a railroad and the owner or shipper of any freight, which provides that written or verbal notice of loss or injury, or of a claim, shall be made or given to the railroad or to any agent or officer thereof, or to any other person within any period less than four months from the date of the occurrence of any such loss or injury, is void.
Source:
SDC 1939, §52.0252; SDCL, §49-5-31; SL 1980, ch 322, §36.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-37 - Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars.

49-16A-37. Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars.
All railroads subject to this chapter shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective roads, and for the receiving, forwarding, and switching of cars and the receiving, forwarding, and delivering of freight to and from their several roads and to and from other roads and places connected therewith, and shall not discriminate in their accommodations, rates, and charges between connecting roads. Each railroad is required to switch and transfer cars for another for the purpose of being loaded or unloaded.
Source:
SL 1980, ch 322, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-38 - Joint through rates required--Duty to receive and transport freight and cars.

49-16A-38. Joint through rates required--Duty to receive and transport freight and cars.
All railroads doing business in this state shall establish reasonable joint through rates for the transportation of freight between points upon their respective lines within this state, and shall receive and transport freight and cars over such route or routes as the shipper may direct.
Source:
SL 1980, ch 322, §38.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-39 - Carload lots--Transfer to connecting road without added charge.

49-16A-39. Carload lots--Transfer to connecting road without added charge.
Carload lots shall be transferred to a connecting railroad without charge, in addition to the quoted rate, to the shipper or receiver of such carload lots, and such transfer shall be made without unreasonable delay.
Source:
SDC 1939, §52.0221; SDCL, §49-12-2; SL 1980, ch 322, §39.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-40 - Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic.

49-16A-40. Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic.
When shipments of freight transported between different points within this state are required to be carried by two or more railroads operating connecting lines, such railroads shall transport the same at reasonable through rates and shall at all times give the same facilities to intrastate traffic as they give to interstate traffic over their lines.
Source:
SDC 1939, §52.0221; SDCL, §49-12-4; SL 1980, ch 322, §40.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-41 - Routing instructions by shipper.

49-16A-41. Routing instructions by shipper.
If freight is delivered to a railroad for transportation to a point of destination, between which and the point of delivery two or more published through routes and through rates have been established pursuant to this chapter, and to which through routes and through rates the railroad is a party, the person making the shipment may designate in writing by which of such routes the freight shall be transported to its destination. Thereupon it is the duty of the initial railroad to route such freight and issue a through bill of lading as directed, and to transport such freight over its own line or lines and deliver the same to a connecting line or lines according to such through route. Each of the connecting railroads shall receive such freight and transport it over the designated line or lines and deliver it to the next succeeding carrier or consignee according to the routing instructions in the bill of lading. The shipper shall in all instances have the right to determine, where competing lines of a railroad constitute portions of a through line or route, over which of the competing lines his freight shall be transported.
Source:
SDC 1939, §52.0245; SDCL, §49-12-15; SL 1980, ch 322, §41.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized.

49-16A-42. Sale or lease of road, property, rights, privileges, and franchises authorized.
A railroad may sell or lease the whole or any part of its road within this state, constructed or to be constructed, together with all property, rights, privileges, and franchises appertaining thereto, to any railroad organized or existing pursuant to the laws of the United States or this state, or of any other state of the United States.
Source:
SDC 1939, §52.0808; SDCL, §49-19-8; SL 1980, ch 322, §42.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994.

49-16A-43.1. Validation of defects in lease or sale made prior to January 1, 1994.
Any defect in any lease or sale of any railroad property by a railroad pursuant to the provisions of chapter 49-16A made prior to January 1, 1994, is hereby validated, legalized and cured, and as to any such sale the railroad's instrument of conveyance shall operate to convey and transfer title to the person or persons named as grantee or grantees in such instrument of conveyance all the right, title, and interest of the railroad and in and to such property. This section does not affect any action pending on July 1, 1994.
Source:
SL 1987, ch 346, §2; SL 1994, ch 348, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-43.2 - Notice of sale of railroad property--Publication--Copy to be mailed to lessee.

49-16A-43.2. Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
Prior to any sale of railroad property, except to the South Dakota Railroad Authority or to another railroad, the owner of such property shall publish a notice that such property is to be sold. The notice shall be published in the official newspaper of the political subdivision where such property is located. The notice shall be published at least once each week for at least two consecutive weeks. A copy of the notice shall also be mailed to each lessee of such property by certified mail at least two weeks prior to such sale. The notice shall contain a description of the property to be sold and the location for information concerning the sale.
Source:
SL 1988, ch 373, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-44 - Report annually to department--Special reports and specific questions.

49-16A-44. Report annually to department--Special reports and specific questions.
In addition to any reports required to be filed with the secretary of state under Title 47, each railroad doing business in this state shall file its annual report, including the state supplement thereto and an inventory of all capital expenditures for state improvement projects, with the Department of Transportation. The department may, as it deems just and necessary for its information, require a railroad to file, within reasonable specified time limitations, special reports and answers to specific questions related to the planning and structuring of railroads operating within this state.
Source:
SL 1980, ch 322, §43.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-45 - Inspection of roads by department.

49-16A-45. Inspection of roads by department.
Upon reasonable notice the Department of Transportation may inspect the roads of any railroad operating in this state.
Source:
SL 1980, ch 322, §44.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-46 - Transfer of certain Public Utilities Commission functions to transportation department.

49-16A-46. Transfer of certain Public Utilities Commission functions to transportation department.
All functions of the Public Utilities Commission relating to the initiation, prosecution, intervention, defense, or appearance in any proceeding before any court, commission, board, tribunal, or agency, whether such functions are on behalf of the State of South Dakota or otherwise, and where such function relates to the abandonment, consolidation, merger, or inclusion of any railroad or part of a railroad are transferred to the Department of Transportation.
Source:
SL 1979, ch 311, §2; SDCL Supp, §49-21-37; SL 1980, ch 322, §45; SL 1990, ch 372, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-47 - Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired.

49-16A-47. Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired.
The Department of Transportation has the exclusive power to appear before any court, commission, board, tribunal, or agency as the representative of the State of South Dakota in any proceeding relating to the abandonment, consolidation, merger, or inclusion of any railroad, whenever, in the judgment of the department, the welfare of the state or the public interest so demands. The attorney general shall provide legal counsel as is necessary to assist the department to perform these functions. However, §§49-16A-46 to 49-16A-49, inclusive, shall not be interpreted so as to impair the right of any natural or legal person or persons, or anyone on their behalf, to have such representation as they deem fit of their own respective interests in any such proceeding.
Source:
SL 1979, ch 311, §1; SDCL Supp, §49-21-38; SL 1980, ch 322, §46.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-48 - Department of transportation--Interstate commerce violations--Duties.

49-16A-48. Department of transportation--Interstate commerce violations--Duties.
Whenever a resident of this state files a petition with the Department of Transportation, directed to the Interstate Commerce Commission of the United States, charging a railroad doing business in this state and engaged in interstate transportation of freight, with a violation of the Interstate Commerce Act of the United States, relating to abandonment, consolidation, merger, or inclusion, setting forth in the petition the facts constituting a violation, the department, if it deems the matter to be one of public interest, shall file the petition with the interstate commerce commission and appear in the matter in the place of the petitioner and prosecute the same at the expense of the state. Whenever the department determines that it is in the best interests of the State of South Dakota or its people, it may appear before the interstate commerce commission as a party in all proceedings relating to abandonment, consolidation, merger, or inclusion.
Source:
SL 1979, ch 311, §3; SDCL Supp, §49-21-39; SL 1980, ch 322, §47.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-49 - Department of Transportation--Appearance before interstate commerce commission.

49-16A-49. Department of Transportation--Appearance before interstate commerce commission.
Whenever a matter is pending before the Interstate Commerce Commission of the United States, between a resident of this state as a petitioner and a railroad doing business in this state and engaged in interstate transportation of freight, charging such railroad with a violation of the Interstate Commerce Act, relating to abandonment, consolidation, merger, or inclusion, the Department of Transportation, after it determines that the questions involved are of public interest, may appear therein and be substituted as a party in place of the petitioner. Thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.
Source:
SL 1979, ch 311, §4; SDCL Supp, §49-21-40; SL 1980, ch 322, §48.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16A - Intrastate Railroad Regulation › Section 49-16A-50 - Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.

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