Chapter 16a. Intrastate Railroad Regulation
Index
- SDCL 49-16A-1 Definitions of Terms
- SDCL 49-16A-2 Corporation Law-Applicability to Railroads
- SDCL 49-16A-3 Chapters Governing Railroads
- SDCL 49-16A-4 [Repealed]
- SDCL 49-16A-5 Freight Charges to Be Just and Reasonable
- SDCL 49-16A-6 Freight Charges to Be Uniformly Applied-Unreasonable Discrimination Defined
- SDCL 49-16A-7 Unreasonable Discrimination Prohibited
- SDCL 49-16A-8 Transportation Or Service At Cut Rate Or Discrimination As Felony
- SDCL 49-16A-9 Failure to File Or Observe Rates Or Tariffs As Felony-Corporation Or Individual
- SDCL 49-16A-10 Individual Acts Or Omissions In Scope of Employment
- SDCL 49-16A-11 Venue of Criminal Prosecution
- SDCL 49-16A-12 to 49-16A-18 [Repealed]
- SDCL 49-16A-19 Restraint of Trade Provisions Applicable to Railroads
- SDCL 49-16A-20 Single-Line Rates As Restraint of Trade
- SDCL 49-16A-21 Through Rates, Joint Rates Or Joint Through Rates Not Restraint of Trade Unless Intent Or Effect to Monopolize
- SDCL 49-16A-22 Pooling Agreements As Restraint of Trade
- SDCL 49-16A-23 Common Carrier Obligations-Limitation
- SDCL 49-16A-24 Bill of Lading Or Contract For Carriage-Shipper's Acceptance As Assent to Terms
- SDCL 49-16A-25 Lien For Freightage
- SDCL 49-16A-26 Preference to Federal and State Governments
- SDCL 49-16A-27 Gratuitous Shipment By Railroad Without Reward-Duties
- SDCL 49-16A-28 Directions of Shipper-Conflicting Directions-Delivery
- SDCL 49-16A-29 Delivery At Nearest Station Absent Usage to Contrary
- SDCL 49-16A-30 Services Other Than Carriage and Delivery-Statutes Governing
- SDCL 49-16A-31 Delivery to Connecting Carrier-Liability to Final Destination
- SDCL 49-16A-32 Railroad Responsible For Agents' Acts
- SDCL 49-16A-33 Loss Or Injury of Freight In Possession of Connecting Carrier-Proof to Shipper On Demand
- SDCL 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
- SDCL 49-16A-35 Suit On Claim-Interest-Attorney Fee-Remedy Cumulative
- SDCL 49-16A-36 Notice of Loss, Injury Or Claim-Minimum Time to Be Allowed-Contrary Contractual Provision Void
- SDCL 49-16A-37 Interchange Facilities Required-Discrimination Between Connecting Roads Prohibited-Switching and Transferring Cars
- SDCL 49-16A-38 Joint Through Rates Required-Duty to Receive and Transport Freight and Cars
- SDCL 49-16A-39 Carload Lots-Transfer to Connecting Road Without Added Charge
- SDCL 49-16A-40 Connecting Roads-Intrastate Shipments-Reasonable Through Rates-Same Facilities As For Interstate Traffic
- SDCL 49-16A-41 Routing Instructions By Shipper
- SDCL 49-16A-42 Sale Or Lease of Road, Property, Rights, Privileges, and Franchises Authorized
- SDCL 49-16A-43 [Repealed]
- SDCL 49-16A-43.1 Validation of Defects In Lease Or Sale Made Prior to January 1, 1994
- SDCL 49-16A-43.2 Notice of Sale of Railroad Property-Publication-Copy to Be Mailed to Lessee
- SDCL 49-16A-44 Report Annually to Department-Special Reports and Specific Questions
- SDCL 49-16A-45 Inspection of Roads By Department
- SDCL 49-16A-46 Transfer of Certain Public Utilities Commission Functions to Transportation Department
- SDCL 49-16A-47 Department As Sole Representative of State In Abandonment, Consolidation, Merger and Inclusion Proceedings-Attorney General's Duties-Rights Not Impaired
- SDCL 49-16A-48 Department of Transportation-Interstate Commerce Violations-Duties
- SDCL 49-16A-49 Department of Transportation-Appearance Before Interstate Commerce Commission
- SDCL 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
- SDCL 49-16A-51 Powers-Crossing, Intersecting and Connecting Railroads-Failure of Railroads to Agree-Alteration of Grade Or Location
- SDCL 49-16A-52 Powers-Equal Privileges For Tracks On Landings and Within Municipalities-Failure of Railroads to Agree
- SDCL 49-16A-53 Changing Grade Or Location For Convenience of Public Travel
- SDCL 49-16A-54 Liability For Damages From Change-Time For Damage Claim-Notice-Nonresidents
- SDCL 49-16A-55 Authorization to Use Public Lands-Damage to Occupant
- SDCL 49-16A-56 Authorization to Use School Or Public Lands-Width of Right-Of-Way
- SDCL 49-16A-57 Plat of Proposed Road Filed With Commissioner of School and Public Lands-Duplicate to Register of Deeds
- SDCL 49-16A-58 Issuance of Certificate Reserving School and Public Lands For Railroad
- SDCL 49-16A-59 Filing As Vesting Right to Use-Duration of Right-Forfeiture For Failure to Use
- SDCL 49-16A-60 Deed From Governor After Construction of Road and Payment For Land Taken-Ascertaining Value of Land
- SDCL 49-16A-61 Title Relates Back to Filing-Subsequent Grants Invalid
- SDCL 49-16A-62 Other Rights-Of-Way Across Deeded Lands
- SDCL 49-16A-63 Maps Kept By Commissioner of School and Public Lands-Noting and Reserving Right-Of-Way
- SDCL 49-16A-64 Plat of Proposed Road Filed With Department-Grant of Permit to Construct Road
- SDCL 49-16A-65 Factors Considered In Assessing Plat
- SDCL 49-16A-66 Publicly Constructed Or Acquired Railroads As Public Highways
- SDCL 49-16A-67, 49-16A-68 [Repealed]
- SDCL 49-16A-69 Drainage Necessitated By Defect In Railroad Construction-Assessment of Entire Expense Against Railroad-Assessment Against Complainant Or Apportionment In Other Costs
- SDCL 49-16A-70 [Repealed]
- SDCL 49-16A-71 Extension of Fireguards Along Right-Of-Way-Condemnation Procedure-Petition
- SDCL 49-16A-72 Extension of Fireguards On Unoccupied Land-Right to Burn-Maximum Width
- SDCL 49-16A-73 Facilities For Transferring Freight Or Cars Between Railroads-Department's Directions-Sharing of Costs
- SDCL 49-16A-74 Facilities For Transferring Freight Or Cars Between Railroads-Judicial Apportionment of Costs
- SDCL 49-16A-75 Eminent Domain Power-Authorization By Governor Or Commission Required-Hearing On Application
- SDCL 49-16A-75.1 Commission to Promulgate Rules For Railroad Seeking to Exercise Eminent Domain
- SDCL 49-16A-75.2 Railroad Carries Burden of Proof to Show Public Necessity
- SDCL 49-16A-75.3 Determination of Public Use Consistent With Public Necessity-Appeal
- SDCL 49-16A-75.4 Proceedings to Establish Compensation-Physical Possession
- SDCL 49-16A-76 Powers-Acceptance of Voluntary Grants For Railroad Purposes
- SDCL 49-16A-77 Powers-Width of Right-Of-Way-Additional Land For Proper Construction-Compensation For Lands Taken
- SDCL 49-16A-78 Entries Upon Land-Appropriation of Land-Purposes of Appropriation
- SDCL 49-16A-79 Condemnation For Spur Tracks to Serve Industry
- SDCL 49-16A-80 Entry and Appropriation For Changing Location Or Grade-Surveys
- SDCL 49-16A-81 Right to Use Public Way-Agreement With Local Authorities-Appropriation By Railroad Upon Failure to Agree
- SDCL 49-16A-82 Purchase of Land-Failure to Agree Upon Price-Determination By Circuit Court
- SDCL 49-16A-83 Railroad-Highway Grade Crossings
- SDCL 49-16A-84 Authority to Change Grade of Highway-Particular Highways-Maintenance of Highway-Maximum Grade
- SDCL 49-16A-85 Temporary Routes During Change of Grade Construction
- SDCL 49-16A-86 Private Farm Crossings-Cattle Guards-Duty to Keep Gates Closed-Liability of Railroad
- SDCL 49-16A-87 Crossing Standards-Warning Sign
- SDCL 49-16A-88 Warning Signs-Erection By County Commissioners At Expense of Railroad
- SDCL 49-16A-89 Crossings-Erection of Lighting Or Alarms At Order of Department
- SDCL 49-16A-89.1 Erection of Stop Signs Until Alarms Or Lighting Operational
- SDCL 49-16A-89.2 Alarm Or Lighting Device Required Where Railroad Crosses State Trunk Highway System
- SDCL 49-16A-90 Tampering With Light Or Signal-False Light Or Signal-Felony
- SDCL 49-16A-91 Fenced Lands-Duty of Railroad to Fence Along Right-Of-Way-Type of Fence-Maintenance
- SDCL 49-16A-92 Notice to Railroad to Erect Fence-Contents of Notice-Time For Compliance
- SDCL 49-16A-93 Fencing Right-Of-Way-Noncompliance By Railroad-Construction By Owner-Liability of Railroad
- SDCL 49-16A-94 Blocking of Highway Crossings-Employees Not Liable Where Blocking Necessary Under State Or Federal Rules
- SDCL 49-16A-95 [Repealed]
- SDCL 49-16A-96 Bridges and Abutments-Maintenance
- SDCL 49-16A-97 [Repealed]
- SDCL 49-16A-98 Restoration and Maintenance of Watercourses and Highways Affected By Railroad Construction
- SDCL 49-16A-99 [Repealed]
- SDCL 49-16A-100 Utility Poles and Wires On Right-Of-Way-Commission to Regulate
- SDCL 49-16A-100.1 Right of Utilities to Cross Over Or Under Railroad Right-Of-Way-Fee-Regulation and Negotiation
- SDCL 49-16A-100.2 Definitions Relating to Utility Crossing of Railroad Right-Of-Way
- SDCL 49-16A-100.3 Notice and Application For Placement of Utility Facility Across Railroad Right-Of-Way
- SDCL 49-16A-100.4 Commencement of Construction Across Railroad Right-Of-Way_exception
- SDCL 49-16A-100.5 Standard Crossing Fee-Flagging Expense
- SDCL 49-16A-100.6 Certificate of Insurance Or Coverage For Utilities Crossing Railroad Right-Of-Way
- SDCL 49-16A-100.7 Notice of Objection By Railroad-Petition For Dispute Resolution-Appeal
- SDCL 49-16A-100.8 Additional Requirements Imposed By Railroad-Objection By Utility-Petition For Resolution of Objection-Appeal
- SDCL 49-16A-100.9 Existing Agreements-Eminent Domain
- SDCL 49-16A-100.10 Application of Sections 49-16a-100.2 to 49-16a-100.9
- SDCL 49-16A-101 [Repealed]
- SDCL 49-16A-102 Railroad Police-Appointment and Employment By Railroad
- SDCL 49-16A-103 Railroad Police-Authority to Arrest-Procedure On Arrest Without Warrant
- SDCL 49-16A-104 Authority of Regular Law Enforcement Officers Unaffected-Responsibility For Acts of Railroad Police
- SDCL 49-16A-105 Entry Upon Railroad Equipment While Armed a Felony
- SDCL 49-16A-106 Tampering With Journal Boxes a Felony
- SDCL 49-16A-107 Malicious Destruction of Railroad Property a Felony
- SDCL 49-16A-108 Malicious Obstruction of Tracks a Felony
- SDCL 49-16A-108.1 Application of Sections 49-16a-107 and 49-16a-108 to Tourist Railroad Carrier
- SDCL 49-16A-109 Punishment For Malicious Interference With Railroad Where Death Results
- SDCL 49-16A-110 Insurance-Railroad May Procure
- SDCL 49-16A-111 Legislation Relating to Restraint of Domestic Animals Or Fences-Applicability to Tracks
- SDCL 49-16A-112 Abandonment of Right-Of-Way-Occupation For Three Years By Other Users
- SDCL 49-16A-113 Consideration For Continued Occupancy of Right-Of-Way
- SDCL 49-16A-114 Termination of Right of Occupancy Unless Right to Continue Acquired
- SDCL 49-16A-115 Abandonment of Right-Of-Way On Public Or Indian Lands-Title Claims
- SDCL 49-16A-116 Municipal Claim to Reverter In Railroad Property-Quit Claim Authorized
- SDCL 49-16A-117 Filing of Certain Records Related to Property Conveyances By a Railroad to a Railroad
- SDCL 49-16A-118 Effect of Filing-Notice of Rights and Interests
- SDCL 49-16A-119 Trains Prohibited From Blocking Streets, Roads Or Highways During Emergency-Violation As Misdemeanor