Title 49 — PUBLIC UTILITIES AND CARRIERS

49-7-2 Regulations of Board of School and Public Lands. 49-7-3 49-7-3 , 49-7-4. Repealed by SL 1980, ch 322 , §§ 121, 122. 49-7-5 49-7-5 to 49-7-10. Repealed by SL 1997, ch 263 , §§ 8 to 13. 49-7-11 Pipelines that are common carriers--Exemption. 49-7-12 Reasonable charges. 49-7-1…

All pipelines holding themselves out to the general public as engaged in the business of transporting commodities for hire by pipeline are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapter 49-41B . Source: SL 1980, ch…

All charges for carriage of property by pipeline must be reasonable. Source: SL 1980, ch 321 , § 2.

Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring right - of - way as prescribed by statute. However, in the case of school and public lands, no right - of - way for the purpose of carr…

Notwithstanding the provisions of any other law, a person may not exercise the right of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the preponderant purpose of transporting carbon oxide. Source: SL 2025, ch 190 , § 1.

A pipeline company planning to construct a pipeline in this state may locate and construct the pipeline across any of the school and public lands of this state, and may, for that purpose, hold, occupy, and enjoy a right - of - way therefore, as provided in § 49-7-13 as well as su…

Each pipeline company planning to construct a pipeline in this state, that has surveyed its pipeline route, shall cause a plat of such route, clearly indicating the center line of the right of way and area thereof in acres and fractions, to be certified by its chief engineer or p…

The commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The cert…

The filing with the commissioner of school and public lands of the map required by § 49-7-16 subject to the provisions of this chapter, authorizes the pipeline company, for one year from the filing date, to enter on the land surveyed and selected and construct a pipeline. If the …

Before a pipeline is constructed over school and public lands, payment of the full value of the lands so taken must be made, the value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided fo…

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 §

The rights and powers conferred by §§ 49-7-11 to 49-7-21 , inclusive shall be subject to such reasonable terms, conditions, and regulations as the Board of School and Public Lands may prescribe. Source: SDC 1939, § 52.0257; SL 1980, ch 321 , § 12. 49-7-3, 49-7-4. Repealed by SL 1…

Nothing in this chapter may 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: SL 1980, ch 321 , § 10.

The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school and other public lands crossed by any pipeline and its location. In the disposition of such lands the commissioner shall reserve the right - of - way for the use of t…

Section 49-7-2 and §§ 49-7-11 to 49-7-21 , inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right - of - way on school and public lands for the construction, operation, or maintenance of telecommunications or electric tr…