Title 49 — PUBLIC UTILITIES AND CARRIERS

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 volunt…

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…

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 conv…

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 indust…

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.

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 t…

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 whi…

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…

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.

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…

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-…

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 …

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…

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.…

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 …

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, a…

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 train…

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. Sou…

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 …

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 co…

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…

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 …

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 fede…

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. 49-16A-97. Repealed by SL 1990, ch 372 , § 15.

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…