2020 South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 16A - Intrastate Railroad Regulation
Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.
49-16A-100.7. Notice of objection by railroad--Petition for dispute resolution--Appeal.
If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the utility by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the disputed crossing application within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, after notice and opportunity for hearing, must issue an order within sixty days of filing of the petition, during which time the crossing shall be stayed. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.
Source: SL 2014, ch 217, §5; SL 2016, ch 223, §6.
