South Dakota

49-16A-1. Definitions of terms.

49-16A-2. Corporation law--Applicability to railroads.

49-16A-3. Chapters governing railroads.

49-16A-4. 49-16A-4. Repealed by SL 1990, ch 372, § 2.

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 Repealed by SL 1990, ch 372, §§ 3 to 9.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. 49-16A-43. Repealed by SL 1988, ch 373, § 1.

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. 49-16A-70. Repealed by SL 1990, ch 372, § 13.

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. 49-16A-95. Repealed by SL 1990, ch 372, § 14.

49-16A-96. Bridges and abutments--Maintenance.

49-16A-97. 49-16A-97. Repealed by SL 1990, ch 372, § 15.

49-16A-98. Restoration and maintenance of watercourses and highways affected by railroad construction.

49-16A-99. 49-16A-99. Repealed by SL 1990, ch 372, § 16.

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. 49-16A-101. Repealed by SL 1990, ch 372, § 17.

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.

49-16B-1. Legislative declarations--Public participation in railroad ownership and operation.

49-16B-2. Definitions of terms.

49-16B-3. Railroad authority created--Members.

49-16B-4. Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.

49-16B-5. 49-16B-5. Repealed by SL 2014, ch 218, § 2.

49-16B-6. Oath and bond of members.

49-16B-7. Per diem and expenses.

49-16B-8. Agents and employees.

49-16B-9. Seal.

49-16B-10. Projects authority may undertake.

49-16B-11. Report to legislature recommending projects.

49-16B-12. Transfer of jurisdiction or property to authority--Governor's approval.

49-16B-13. Acquisition of property--Construction and maintenance of railroad facilities.

49-16B-13.1. Approval of expenditures by railroad board and Governor.

49-16B-13.2. Maintenance of public railroad property by Department of Transportation.

49-16B-14. Department of Transportation's powers as to projects.

49-16B-15. Lease of facilities and sites.

49-16B-16. Lease terms, conditions and rentals.

49-16B-17. Leases to contain option to purchase--Purchase price.

49-16B-18. Lease provisions for lessee's payment of taxes, insurance and other costs.

49-16B-19. Leases to Department of Transportation--Rents payable solely from appropriations--Amount.

49-16B-20. Nonpayment of rent--Maintenance, operation, or lease of facilities.

49-16B-21. Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.

49-16B-22. Tax exempt status of authority's property.

49-16B-23. Negotiable revenue bonds--Resolution for issuance--Legislative approval.

49-16B-24. Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues.

49-16B-25. Bonds and notes--Resolution--Issuance--Terms.

49-16B-26. Bonds--Repayment from lease income and revenues from facilities financed.

49-16B-27. Bonds--Execution and registration--Officers' signatures.

49-16B-28. Bonds--Statements on face.

49-16B-29. Obligation of state not authorized.

49-16B-30. Contract with holders--Enforcement.

49-16B-31. Interim notes--Purposes for which authorized.

49-16B-32. Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date.

49-16B-33. Interim notes--Registration--Issuance.

49-16B-34. Interim notes--Interest--Redemption by authority.

49-16B-35. Interim notes--Execution--Attestation--Seal.

49-16B-36. Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired.

49-16B-37. Interim notes--Additional security for payment.

49-16B-38. Interim notes not indebtedness within constitutional or statutory limitations.

49-16B-39. Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.

49-16B-40. Interim notes--No personal liability.

49-16B-41. Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.

49-16B-42. Authority to account for income--Disbursements from accounts in fund.

49-16B-43. Conveyance of property to state by authority.

49-16B-44. Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds.

49-16B-45. 49-16B-45. Repealed by SL 1991, ch 382.

49-16B-46. Contract power of authority.

49-16B-47. Bylaws, rules and regulations of authority.

49-16B-48. 49-16B-48 to 49-16B-68. Repealed by SL 2010, ch 145, §§ 202 to 223.

49-16C-1. Railroad trust fund--Creation--Expenditure.

49-16C-2. Transfer of money to railroad authority fund.

49-16C-3. Loans to regional railroad authorities--Procedure.

49-16C-4. Interest and fees on loans to regional authorities.

49-16C-5. Expenditures to match federal funds.

49-16C-6. Expenditure to join other states in preserving certain railroad.

49-16C-7. Continuous appropriation of fund.

49-16C-8. Purchase of rolling stock or operation of railroad not authorized.