The application required by § 70:08:01:02 shall include the following:

1. (1) The applicant's name, state of incorporation, principal place of business, and telephone, email, and FAX numbers;
2. (2) The names of the corporate officers and directors;
3. (3) The registered agent for service of process in this state;
4. (4) A general description of the proposed project and its purpose in accordance with the provisions of SDCL 49-16A-75.3; and

5. (5) For each landowner with respect to whom the railroad may seek authority to exercise the right of eminent domain, as known at the time of the application, based on the railroad's expectations for land acquisition at that stage of the project:

   1. (a) The landowner's name and mailing address;
   2. (b) A description of the property presently known to be needed to complete the project both for right-of-way and for any temporary easement needed for construction purposes, including the consideration of any proposed alternative routes or potential land acquisitions that may be needed as known to date; and;

   3. (c) A description of the efforts made by the railroad to acquire sufficient property for the project without needing to exercise the right of eminent domain.

      If the applicant is required to submit the same or similar information to another state or federal agency having jurisdiction, the information required by this section may be submitted in the same format as it will be submitted to the other agency.

Source: 26 SDR 44, effective October 4, 1999; 34 SDR 88, effective September 10, 2007.

General Authority: SDCL 49-16A-75.1.

Law Implemented: SDCL 49-16A-75.1 , 49-16A-75.3.