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South Dakota Codified Laws
Title 49
Chapter 49-16A
S.D. Codified Laws ch. 49-16A
Intrastate Railroad Regulation
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49-16A-1
Definitions of terms.
49-16A-2
Corporation law--Applicability to railroads.
49-16A-3
Chapters governing railroads.
49-16A-4
Repealed
Repealed
49-16A-5
Freight charges to be just and reasonable.
49-16A-6
Freight charges to be uniformly applied--Unreasonable discrimination defined.
49-16A-7
Unreasonable discrimination prohibited.
49-16A-8
Transportation or service at cut rate or discrimination as felony.
49-16A-9
Failure to file or observe rates or tariffs as felony--Corporation or individual.
49-16A-10
Individual acts or omissions in scope of employment.
49-16A-11
Venue of criminal prosecution.
49-16A-12
49-16A-12 to 49-16A-18. Repealed by SL 1990, ch 372, §§ 3 to 9.
49-16A-19
Restraint of trade provisions applicable to railroads.
49-16A-20
Single-line rates as restraint of trade.
49-16A-21
Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.
49-16A-22
Pooling agreements as restraint of trade.
49-16A-23
Common carrier obligations--Limitation.
49-16A-24
Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.
49-16A-25
Lien for freightage.
49-16A-26
Preference to federal and state governments.
49-16A-27
Gratuitous shipment by railroad without reward--Duties.
49-16A-28
Directions of shipper--Conflicting directions--Delivery.
49-16A-29
Delivery at nearest station absent usage to contrary.
49-16A-30
Services other than carriage and delivery--Statutes governing.
49-16A-31
Delivery to connecting carrier--Liability to final destination.
49-16A-32
Railroad responsible for agents' acts.
49-16A-33
Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand.
49-16A-34
Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns.
49-16A-35
Suit on claim--Interest--Attorney fee--Remedy cumulative.
49-16A-36
Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void.
49-16A-37
Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars.
49-16A-38
Joint through rates required--Duty to receive and transport freight and cars.
49-16A-39
Carload lots--Transfer to connecting road without added charge.
49-16A-40
Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic.
49-16A-41
Routing instructions by shipper.
49-16A-42
Sale or lease of road, property, rights, privileges, and franchises authorized.
49-16A-43
Repealed
Repealed
49-16A-43.1
Validation of defects in lease or sale made prior to January 1, 1994.
49-16A-43.2
Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
49-16A-44
Report annually to department--Special reports and specific questions.
49-16A-45
Inspection of roads by department.
49-16A-46
Transfer of certain Public Utilities Commission functions to transportation department.
49-16A-47
Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired.
49-16A-48
Department of transportation--Interstate commerce violations--Duties.
49-16A-49
Department of Transportation--Appearance before interstate commerce commission.
49-16A-50
Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.
49-16A-51
Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.
49-16A-52
Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.
49-16A-53
Changing grade or location for convenience of public travel.
49-16A-54
Liability for damages from change--Time for damage claim--Notice--Nonresidents.
49-16A-55
Authorization to use public lands--Damage to occupant.
49-16A-56
Authorization to use school or public lands--Width of right-of-way.
49-16A-57
Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.
49-16A-58
Issuance of certificate reserving school and public lands for railroad.
49-16A-59
Filing as vesting right to use--Duration of right--Forfeiture for failure to use.
49-16A-60
Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.
49-16A-61
Title relates back to filing--Subsequent grants invalid.
49-16A-62
Other rights-of-way across deeded lands.
49-16A-63
Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.
49-16A-64
Plat of proposed road filed with department--Grant of permit to construct road.
49-16A-65
Factors considered in assessing plat.
49-16A-66
Publicly constructed or acquired railroads as public highways.
49-16A-67
49-16A-67, 49-16A-68. Repealed by SL 1990, ch 372, §§ 11, 12.
49-16A-69
Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.
49-16A-70
Repealed
Repealed
49-16A-71
Extension of fireguards along right-of-way--Condemnation procedure--Petition.
49-16A-72
Extension of fireguards on unoccupied land--Right to burn--Maximum width.
49-16A-73
Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.
49-16A-74
Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.
49-16A-75
Eminent domain power--Authorization by Governor or commission required--Hearing on application.
49-16A-75.1
Commission to promulgate rules for railroad seeking to exercise eminent domain.
49-16A-75.2
Railroad carries burden of proof to show public necessity.
49-16A-75.3
Determination of public use consistent with public necessity--Appeal.
49-16A-75.4
Proceedings to establish compensation--Physical possession.
49-16A-76
Powers--Acceptance of voluntary grants for railroad purposes.
49-16A-77
Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.
49-16A-78
Entries upon land--Appropriation of land--Purposes of appropriation.
49-16A-79
Condemnation for spur tracks to serve industry.
49-16A-80
Entry and appropriation for changing location or grade--Surveys.
49-16A-81
Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.
49-16A-82
Purchase of land--Failure to agree upon price--Determination by circuit court.
49-16A-83
Railroad-highway grade crossings.
49-16A-84
Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.
49-16A-85
Temporary routes during change of grade construction.
49-16A-86
Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
49-16A-87
Crossing standards--Warning sign.
49-16A-88
Warning signs--Erection by county commissioners at expense of railroad.
49-16A-89
Crossings--Erection of lighting or alarms at order of department.
49-16A-89.1
Erection of stop signs until alarms or lighting operational.
49-16A-89.2
Alarm or lighting device required where railroad crosses state trunk highway system.
49-16A-90
Tampering with light or signal--False light or signal--Felony.
49-16A-91
Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.
49-16A-92
Notice to railroad to erect fence--Contents of notice--Time for compliance.
49-16A-93
Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.
49-16A-94
Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.
49-16A-95
Repealed
Repealed
49-16A-96
Bridges and abutments--Maintenance.
49-16A-97
Repealed
Repealed
49-16A-98
Restoration and maintenance of watercourses and highways affected by railroad construction.
49-16A-99
Repealed
Repealed
49-16A-100
Utility poles and wires on right-of-way--Commission to regulate.
49-16A-100.1
Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.
49-16A-100.2
Definitions relating to utility crossing of railroad right-of-way.
49-16A-100.3
Notice and application for placement of utility facility across railroad right-of-way.
49-16A-100.4
Commencement of construction across railroad right-of-way--Exception.
49-16A-100.5
Standard crossing fee--Flagging expense.
49-16A-100.6
Certificate of insurance or coverage for utilities crossing railroad right-of-way .
49-16A-100.7
Notice of objection by railroad--Petition for dispute resolution--Appeal.
49-16A-100.8
Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal.
49-16A-100.9
Existing agreements--Eminent domain.
49-16A-100.10
Application of §§ 49-16A-100.2 to 49-16A-100.9.
49-16A-101
Repealed
Repealed
49-16A-102
Railroad police--Appointment and employment by railroad.
49-16A-103
Railroad police--Authority to arrest--Procedure on arrest without warrant.
49-16A-104
Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.
49-16A-105
Entry upon railroad equipment while armed a felony.
49-16A-106
Tampering with journal boxes a felony.
49-16A-107
Malicious destruction of railroad property a felony.
49-16A-108
Malicious obstruction of tracks a felony.
49-16A-108.1
Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
49-16A-109
Punishment for malicious interference with railroad where death results.
49-16A-110
Insurance--Railroad may procure.
49-16A-111
Legislation relating to restraint of domestic animals or fences--Applicability to tracks.
49-16A-112
Abandonment of right-of-way--Occupation for three years by other users.
49-16A-113
Consideration for continued occupancy of right-of-way.
49-16A-114
Termination of right of occupancy unless right to continue acquired.
49-16A-115
Abandonment of right-of-way on public or Indian lands--Title claims.
49-16A-116
Municipal claim to reverter in railroad property--Quit claim authorized.
49-16A-117
Filing of certain records related to property conveyances by a railroad to a railroad.
49-16A-118
Effect of filing--Notice of rights and interests.
49-16A-119
Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.