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Code · South Dakota · Title 46 · Chapter 46-10

46A-10A-73. Drains along and across railroads--Costs.

165 words·~1 min read·/sd/title-46/chapter-46-10/46a-10a-73

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A drain may be constructed along a rail line, if necessary, if no damage is done to the rail line. If it is necessary to cross a railroad right - of - way, the railroad company, if so ordered by the board, shall make necessary openings through the right - of - way and construct and maintain culverts or bridges to permit free and unobstructed flow of water across the right - of - way. The cost of such construction and maintenance, except the cost of excavating the ditch across the right - of - way, shall be borne as outlined in § 46A-10A-74 .
Service of such order shall be made upon the railroad company in the manner provided for the service of summons in a civil action. An order directing construction of a drainage bridge or culvert shall be served upon the railroad company. The railroad company shall have sixty days after the service of an order to construct the bridge or culvert.
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