2011 South Dakota Code
Title 49 PUBLIC UTILITIES AND CARRIERS
Chapter 16A. Intrastate Railroad Regulation
§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-50. Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land. Each railroad authorized to construct, operate, or maintain roads within this state, subject to the provisions of this chapter, may construct its roads across, along, or upon any stream of water, watercourse, street, highway, toll road, turnpike, levee, river front, or public landing, or canal, which its route intersects or touches; may carry any highway, street, toll road, or turnpike which it touches, intersects, or crosses, over or under its track, as may be most expedient for the public good; and may change the course or direction of any highway, street, turnpike, or toll road when made necessary or desirable to secure more easy ascent or descent by reason of any embankment or cut made in the construction of its roads, and take land necessary therefor, provided that such highway or road is not changed from its original course by more than ninety-nine feet, nor its distance lengthened for more than eighty-two and one-half feet.

Source: SDC 1939, § 52.0801 (5); SDCL, § 49-16-10; SL 1980, ch 322, § 49.