There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 49 PUBLIC UTILITIES AND CARRIERS
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- §49-16A-4 Repealed.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 Repealed.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-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-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.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.