Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-25-6 Authority of governing body required--Removal of livestock guard on order of governing body
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No livestock guards shall be constructed under § 31-25-4 , unless constructed by or under the express authorization of the governing body having jurisdiction over such highways, provided that such livestock guards may be removed or ordered removed by such governing bodies wheneve…
SDCL § 31-25-7 Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo
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Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty day…
SDCL § 31-25-8 Appeal upon failure of governing body to act on request for authorization
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If any person shall file a request for authorization to construct a livestock guard, with the governing body having jurisdiction over such highway, and the governing body shall fail or neglect to act upon such request at its next regular meeting, such failure or neglect to take a…
SDCL § 31-25-9 Livestock guards constructed prior to enactment of statute
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Sections 31-25-4 to 31-25-8 , inclusive, shall not apply to livestock guards which had been constructed and maintained and were in existence on February 20, 1959. Source: SL 1959, ch 140 , § 4; SDC Supp 1960, § 28.09 10-4 .
SDCL § 31-26-1 Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature
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The board of county commissioners, upon written application designating the particular highway the use of which is desired, may grant to any person engaged in the manufacture or sale of electric light and power, or any municipality authorized by law to purchase electric current, …
SDCL § 31-26-10 Application to county auditor--Telephone lines excepted
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Any applicant desiring to construct a transmission line as provided in § 31-26-1 shall file with the county auditor an application and any applicant desiring to construct a telephone line as provided in § 31-26-1 may, but shall not be required to file an application with the coun…
SDCL § 31-26-11 Contents of application--Central plant location--Route--Telephone lines
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In the case of either a transmission line application or a telephone line application under § 31-26-1 , the applicant shall state the place where the applicant's central plant is located, the point or points to which the applicant desires to transmit electricity or furnish teleph…
SDCL § 31-26-12 Rural electrification lines throughout county--Definition of rural electrification
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If the applicant in the case of a transmission application, wishes to construct lines or bury underground cable for rural electrification the applicant may state that the applicant wishes to construct lines for rural electrification throughout the county, in which event the appli…
SDCL § 31-26-13 Application presented to board of county commissioners--Notice of hearing
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The county auditor shall present an application under § 31-26-1 to the board of county commissioners within thirty days after the filing of the application, at a regular or special meeting called for that purpose. The auditor shall give ten days' notice by mail of the application…
SDCL § 31-26-14 Action by board--Period of delay
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It shall be the duty of the board of county commissioners to take immediate action upon an application under § 31-26-13 at the time and place noticed for hearing thereon and final action thereon shall not be delayed for a longer period than ten days from the date of meeting set f…
SDCL § 31-26-15 Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies
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If the application for construction or reconstruction of an electric line is granted by the board of county commissioners, it shall be competent for such board to adjust any differences that may arise between any such applicant and any owner or owners of any electric, telephone, …
SDCL § 31-26-16 Conformity to public utilities commission order
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Any action of the county commissioners in the case of an application of a telephone company under § 31-26-1 shall enable the applicant to conform to and shall not be in conflict with any order of the Public Utilities Commission. Source: SDC 1939, § 28.1002 as added by SL 1953, ch…
SDCL § 31-26-17 Appeal by aggrieved parties--Trial de novo--Appeal during vacation
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Any interested party feeling aggrieved by the decision of the board of county commissioners on the matter of an application under § 31-26-1 , shall have the right of appeal to the circuit court as from other decisions from such board, and on such appeal the circuit court shall he…
SDCL § 31-26-18 Change of route--Change by county board--Appeal--Procedure
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If the board of county commissioners has granted the right to any person to construct lines or bury underground cable for the transmission of electricity as provided in §§ 31-26-1 to 31-26-17 , inclusive, and if before constructing such line the applicant desires to change the ro…
SDCL § 31-26-19 Minimum height of utility lines--Liability for damage to lines below minimum height
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It shall be a Class 2 misdemeanor for any person, firm, association, or corporation owning or operating any telephone, telegraph, or electric line, or any part of such line in this state, to extend any telephone, telegraph, or electric wire, any part of which shall be less than e…
SDCL § 31-26-2 Exclusive grant prohibited
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The grantee under § 31-26-1 shall not in any case have the exclusive right to use such highway for the conducting of electricity or the furnishing of telephone service. Source: SL 1913, ch 369 , § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (1); SL 1939, ch 108 ; SL 1953, ch 149 , § …
SDCL § 31-26-20 Cost of adjusting lines to minimum height--Acquisition of new highway right - of - way--Items excluded from cost
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Costs of adjusting said lines to conform to the minimum height as set out in § 31-26-19 may only be assumed by the governmental body having jurisdiction of said public highway where said adjustment results from the acquisition of new highway right - of - way in which the utility …
SDCL § 31-26-21 Liability for damage for negligent construction or maintenance of line
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Nothing contained in § 31-26-19 or 31-26-20 shall be construed to exempt anyone owning or operating any telephone, telegraph, or electric line or underground cable in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent …
SDCL § 31-26-22 Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim
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The Transportation Commission may promulgate rules and the Department of Transportation may issue permits, to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilit…
SDCL § 31-26-23 Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements
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If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected known utility that has electrical lines, communications lines, or pipelines and allow the affected utility to…
SDCL § 31-26-23.1 Agreements with owners of utility lines and facilities for future relocation--Limitation
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Notwithstanding the provisions of § 31-26-23 , the Department of Transportation may enter into agreements with the owners of utility lines and facilities providing for the future relocation, at the department's expense, of utility lines and facilities located within any highway r…
SDCL § 31-26-24 Rural water pipelines covered by chapter
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The terms and provisions of this chapter shall also apply to the laying and construction of rural water pipelines insofar as they may be applicable thereto. Source: SL 1977, ch 244 , § 2.
SDCL § 31-26-25 Construction of rural water or livestock pipeline on public highway--Application--Countywide authorization--Ordinance--Nature of interest
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Any person desiring to construct or lay a water pipeline over, across, or under public highways, except state trunk system highways, for the purpose of providing rural water service, or providing water to livestock on property that is taxed as agricultural land, must make applica…
SDCL § 31-26-26 Relocation of pipeline--When required
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When any highway along or under which a pipeline approved pursuant to § 31-26-25 has been constructed is changed, removal or relocation of the pipeline is not necessary if the owner or beneficiary of the pipeline and the board of county commissioners agree in writing that removal…
SDCL § 31-26-26.1 Relocation of a livestock pipeline--Request--Approval
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An owner or operator of a livestock pipeline approved pursuant to § 31-26-25 may, at any time, submit a request for the relocation, removal, or change of a livestock pipeline to the highway superintendent. Upon approval of the highway superintendent, the owner or operator may, at…
SDCL § 31-26-26.2 Liability on construction or maintenance of pipeline--County recovery--Venue
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Nothing contained in § 31-26-25 or 31-26-26 may be construed to exempt from liability a person who owns, operates, or benefits from a livestock pipeline, for any damage or injury sustained by reason of the faulty or negligent construction or maintenance of a livestock pipeline. A…
SDCL § 31-26-27 Municipal utility lines--Provisions applicable
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The terms and provisions of §§ 31-26-22 to 31-26-26 , inclusive, apply to the laying and construction of municipal utility lines, insofar as they may be applicable. Source: SL 1981, ch 227 .
SDCL § 31-26-3 Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure
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The poles and fixtures, guy wires, braces, and stays or underground cable buried or erected under § 31-26-1 shall be located under the joint field supervision and direction of the grantee and the governing body charged with the maintenance of the state trunk highway on which they…
SDCL § 31-26-4 Change of line upon change of highway--Notice
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When any highway along which a line has been constructed pursuant to § 31-26-1 shall be changed, the grantee shall, upon ninety days' notice in writing, remove such line to the highway as changed. Source: SL 1913, ch 369 , § 1; RC 1919, § 8591; SDC 1939, § 28.1001 (3); SL 1939, c…
SDCL § 31-26-5 Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim
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The grantee under § 31-26-1 shall construct and maintain the grantee's poles, wires, or underground cable and line in accordance with the applicable National Electrical Safety Code adopted by the Bureau of Standards of the United States Department of Commerce. Proof of compliance…
SDCL § 31-26-6 Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed
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Whenever the erection and maintenance of electric lines shall, by reason of negligence in the construction or operation of such lines, cause inductive interference in grounded lines, the owner of the electric lines shall furnish all necessary wire and attachments for making telep…
SDCL § 31-26-7 Telephone lines--Compliance with other statutes
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Any person engaged in or about to engage in the furnishing of telephone service shall comply with the provisions of §
SDCL § 31-26-8 "Person" including other entities
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For the purpose of this chapter, the term, person, includes any natural person, firm, association, limited liability company, corporation, federal agency, state or political subdivision or agency thereof, or any body politic. Source: SDC 1939, § 28.1001 as added by SL 1953, ch 14…
SDCL § 31-26-9 Noncompliance with requirements as petty offense
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Any person who, having received a grant as to placing of wires and poles or underground cable on a highway under this chapter, fails to comply with the provisions of § 31-26-4 , 31-26-5 , or 31-26-7 commits a petty offense. Source: SDC 1939, § 28.9911; SL 1978, ch 158 , § 20; SL …
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…
SDCL § 31-28-1 Marking of highways with standard design--Numbers to correspond with official maps
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The Department of Transportation shall keep the various lines of highways comprising the state trunk highway system, including the connecting streets in municipalities, distinctly marked with some standard design placed on convenient objects along the routes. The design shall be …