Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-27-1 Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing
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The Department of Transportation may upon its own motion or upon complaint and after hearing and notice to all the parties in interest, including the owners of adjacent property and the railroad company, order any crossing now existing or hereafter constructed at grade or at the …
SDCL § 31-27-11 Grading and approaches if no right-of-way needed
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If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the state or county shall do the necessary grading, approaching, and leading from the overhead or subway undercrossing. Source: SL 1919, ch 333 , § 62; SDC 1939, § 28.1103…
SDCL § 31-27-12 Determination to eliminate dangerous crossing when new right - of - way is necessary
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If a new right - of - way is necessary for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the dangerous crossing. Source: SDC 1939, § 28.1104 (1)…
SDCL § 31-27-15 Purchase or condemnation of new right - of - way--Plats prepared by transportation department or county highway superintendent
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If a new right - of - way is necessary for the building of a subway or overhead crossing on a state or county highway, the necessary right - of - way shall be obtained by the Department of Transportation or the board of county commissioners either by consent of the owners of the …
SDCL § 31-27-17 Cost of right-of-way, grading, and approaches
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If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the state or county shall pay for the right-of-way and necessary grading, approaching, and leading from the overhead crossing or subway undercrossing. Source: SL 191…
SDCL § 31-27-18 Minimum overhead clearance--Width of roadway--Approaches
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The clearance or overhead room of any subway or undercrossing may not be less than fifteen feet from top of finished grade to bottom of sills of overhead track or trusses. The width or clear roadway of the subway or undercrossing may not be less than twenty-four feet, clear roadw…
SDCL § 31-27-19.1 Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit
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The expense of repairing, replacing, and maintaining all "railroad and highway crossings," as defined by § 31-27-21 , and all protection and safety devices shall be determined by the Department of Transportation on the basis of the proportion of benefit, if any, derived by railro…
SDCL § 31-27-2 Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems
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The Department of Transportation may determine, order, and prescribe in accordance with the plans and specifications to be approved by it, the reasonable manner, including the particular point of crossing, at which the tracks or other facilities of any line of railroad may be con…
SDCL § 31-27-2.1 Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility
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The responsibility of a railroad corporation to maintain and keep in repair grade crossings as provided by law does not terminate upon the abandonment of the railroad right-of-way or a portion thereof. The responsibility continues until the highway is restored to a usable conditi…
SDCL § 31-27-20 Railroad right-of-way defined
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A railroad right-of-way consists not only of that strip of land, usually one hundred feet wide, over which the main track is laid but the adjacent extra width of land as may be necessary and useful for cuts, embankments, ditches for change of location of watercourses, and other w…
SDCL § 31-27-21 Railroad and highway crossing defined
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A railroad and highway crossing, usually referred to as a railroad crossing, includes all that part of a public highway or private road extending from the point where it touches the property line of the right-of-way of the railroad company on one side until it passes over and bey…
SDCL § 31-27-3 Filing required for establishment of crossing--Approval
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No crossings at, above, or below grade, may be established except under plans and specifications filed with the Department of Transportation. Plans and specifications for crossings do not require the approval of the department unless a controversy exists between the applicant and…
SDCL § 31-27-5 Expense of eliminating crossings
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The expense of eliminating railroad crossings shall be divided between the railroad company and the state or counties, as the case may be, on the basis of the benefits received by each party. Source: SL 1919, ch 333 , § 62; SDC 1939, § 28.1102; SL 1980, ch 322 , § 115.
SDCL § 31-27-6 Expense of land appropriated for relocation of crossings
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If lands are appropriated for the relocation of any state or county highway, which relocation is deemed necessary to avoid one or more railroad crossings or other dangerous places, the expenses shall be apportioned on the basis of benefits received by the railroad, if any, and th…
SDCL § 31-27-7 Determination to eliminate crossing when no right - of - way is needed
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If no right - of - way is needed for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the crossing. Source: SDC 1939, § 28.1103 (1); SL 1984, ch 21…