Title 49 — PUBLIC UTILITIES AND CARRIERS

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 com…

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.

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 …

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 acco…

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 f…

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 t…

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, forwar…

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 …

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 , …

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 …

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 rai…

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…

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…

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 w…

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,…

Upon reasonable notice the Department of Transportation may inspect the roads of any railroad operating in this state. Source: SL 1980, ch 322 , § 44.

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 otherwis…

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, whene…

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…

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 o…

All charges for carriage of freight by railroad must be just and reasonable. Source: SL 1980, ch 322 , § 5.

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 lan…

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 tur…

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,…

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 …

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 …

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 improve…

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 t…

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 acknowledg…

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 opera…

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 acr…

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 ser…

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 …

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 §

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; …

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 railro…

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 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.

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. 49-16A-67, 49-16A-68. Repealed by SL 1990, ch 372 , §§ 11, 12.

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…

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.

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…

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, § 52.08…

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 buildin…

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…

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 railr…

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 applicatio…

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.

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 dete…

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 …