South Dakota 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- 49-16A-4 — Repealed.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 Repealed.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 intentor 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 ondemand.
- 49-16A-34 — Claim for loss, injury or overcharge--Railroad to respond within sixty days--Billof 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--Contrarycontractual provision void.
- 49-16A-37 — Interchange facilities required--Discrimination between connecting roadsprohibited--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--Samefacilities 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 transportationdepartment.
- 49-16A-47 — Department as sole representative of state in abandonment, consolidation, mergerand 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 commercecommission.
- 49-16A-50 — Powers--Construction, operation and maintenance of roads across, along or overwatercourses and highways--Overpasses and underpasses--Changing course ofhighway--Taking land.
- 49-16A-51 — Powers--Crossing, intersecting and connecting railroads--Failure of railroads toagree--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 reservingright-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 entireexpense against railroad--Assessment against complainant or apportionment inother 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'sdirections--Sharing of costs.
- 49-16A-74 — Facilities for transferring freight or cars between railroads--Judicialapportionment of costs.
- 49-16A-75 — Powers--Eminent domain--Authorization by Governor or commission.
- 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 — Criteria for eminent domain as public use consistent with public necessity.
- 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 byrailroad 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 ofhighway--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 ofrailroad.
- 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 highwaysystem.
- 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 necessaryunder 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 railroadconstruction.
- 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--Regulationand negotiation.
- 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 actsof 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-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 totracks.
- 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 arailroad.
- 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.