Title 49, PUBLIC UTILITIES AND CARRIERS

Sections 49-16A-100.2 to 49-16A-100.9 , inclusive, apply to: (1) Any crossing in existence before July 1, 2014 if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the rail…

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…

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 …

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 threa…

Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in …

The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificat…

If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the u…

If a railroad asserts in writing by certified mail return receipt requested that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad o…

Nothing in §§ 49-16A-100.2 to 49-16A-100.10 , inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in…

A railroad organized under the laws of this state, or doing business within this state, may, at its own expense, appoint and employ policemen at stations or other places on its roads within this state for the protection of its property and the preservation of order on its premise…

Policemen employed pursuant to § 49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in …

Nothing in § 49-16A-102 or 49-16A-103 shall be so construed as to restrict the lawful rights, powers, or privileges of a law enforcement officer within his respective jurisdiction. A railroad making an appointment pursuant to § 49-16A-102 is responsible for the acts of its police…

No person, either individually or as a member of any mob, band, or assembly, shall enter upon, occupy, or appropriate any part of a railway train or of railway equipment used or useful in the transportation of passengers or property, or in the maintenance or operation of any road…

Any person who intentionally takes or removes the waste or packing or brass from any journal box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or capable of being used or operated on a railroad, is guilty of a Class 5 felony. Source: SDC 1…

Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with…

Any person who maliciously places an obstruction on the rails or track of a railroad, or any branch, or turnout connected with a railroad, is guilty of a Class 6 felony. Source: SDC 1939, § 13.4513 (2); SDCL, § 49-27-9; SL 1976, ch 294 , § 36; SL 1980, ch 322 , § 107.

The provisions of §§ 49-16A-107 and 49-16A-108 apply to a tourist railroad carrier. A tourist railroad carrier is any person who is engaged in the business of selling tickets or admission to transport passengers by rail in this state primarily as a visitor attraction and the pers…

If death results from any violation of § 49-16A-107 or 49-16A-108 the offender is guilty of a Class 5 felony. Source: SDC 1939, § 13.4513; SDCL, § 49-27-10; SL 1980, ch 322 , § 108.

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.

Each railroad owning or operating a road in this state has an insurable interest in the property on the route of the road owned or operated by it and may procure insurance on its own behalf for its protection against damages. Source: SDC 1939, § 52.0941; SDCL, § 49-26-6; SL 1980,…

No law of this state or resolution or ordinance of any county, township, or municipality relating to the restraint of domestic animals or to the fences of farmers or landowners, is applicable to railway tracks unless specifically so stated in such laws, resolutions, or ordinances…

At the time of abandonment of any railroad right - of - way, any corporation, partnership, individual, or political subdivision of this state, owning, operating or maintaining any telegraph, telephone, electric transmission or distribution lines, pipelines, water or sewer lines, …

Continued occupancy of such right - of - way for such period of occupancy shall be for the same consideration provided for in any existing lease or license for occupancy of such right - of - way, and any person continuing to so occupy shall pay the same to the owner of the right …

Unless the person occupying the right - of - way has acquired the right to continue such occupancy by lease, license, purchase, or condemnation within three years of date of abandonment, the right to such occupancy shall cease. Source: SL 1980, ch 326 , § 3; SL 1981, ch 330 , § 2…

A railroad which abandons service over, salvages and removes its rail, ties and other track material from any right - of - way in which it claims any right, title or interest in public lands, as prescribed by the act of Congress approved March 3, 1875, as amended, or in Indian la…

The governing body of any municipality which may have a claim to a reverter or possibility of reverter in railroad property acquired by the act of Congress approved March 3, 1875, as amended, and conveyed by the railroad, may without charge or consideration quit claim such intere…

Any conveyance or lease, deed of trust, mortgage, or satisfaction thereof made by any railroad in connection with the sale, lease or purchase of the whole or any part of its road within this state to or from another railroad may be executed and acknowledged in the same manner as …

Each record of an instrument filed with the secretary of state pursuant to § 49-16A-117 shall, from the time of reception, have the same effect, as to any property described therein, as the record of any similar instrument in the office of a register of deeds, and is notice of th…

A standing railroad engine or car may not occupy or block any street, road, or highway grade crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making an emergency trip is blocked by the railroad engine or car, unless it is disabled, by accide…

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.

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 t…

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 influen…

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.

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.

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.

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 …

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.

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.

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 …

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 h…

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.

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.

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.

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 …