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U.S. State Codes
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South-Dakota
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Title 49 - Public Utilities...
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Chapter 16A - Intrastate Railroad Regulation
Chapter 16A - Intrastate Railroad Regulation
§ 49-16A-1 Definitions of terms.
§ 49-16A-2 Corporation law--Applicability to railroads.
§ 49-16A-3 Chapters governing railroads.
§ 49-16A-4 Repealed.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 to 49-16A-18. Repealed.
§ 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.
§ 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-68. Repealed.
§ 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.
§ 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.
§ 49-16A-96 Bridges and abutments--Maintenance.
§ 49-16A-97 Repealed.
§ 49-16A-98 Restoration and maintenance of watercourses and highways affected by railroad construction.
§ 49-16A-99 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.
§ 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.