Title 49 — PUBLIC UTILITIES AND CARRIERS

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 …

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.