South Dakota · Statutes
Chapter 16A
122 sections
122 sections
- S.D. Codified Laws § 49-16A-1Definitions of terms
- S.D. Codified Laws § 49-16A-2Corporation law--Applicability to railroads
- S.D. Codified Laws § 49-16A-3Chapters governing railroads
- S.D. Codified Laws § 49-16A-5Freight charges to be just and reasonable
- S.D. Codified Laws § 49-16A-6Freight charges to be uniformly applied--Unreasonable discrimination defined
- S.D. Codified Laws § 49-16A-7Unreasonable discrimination prohibited
- S.D. Codified Laws § 49-16A-8Transportation or service at cut rate or discrimination as felony
- S.D. Codified Laws § 49-16A-9Failure to file or observe rates or tariffs as felony--Corporation or individual
- S.D. Codified Laws § 49-16A-10Individual acts or omissions in scope of employment
- S.D. Codified Laws § 49-16A-11Venue of criminal prosecution
- S.D. Codified Laws § 49-16A-19Restraint of trade provisions applicable to railroads
- S.D. Codified Laws § 49-16A-20Single-line rates as restraint of trade
- S.D. Codified Laws § 49-16A-21Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize
- S.D. Codified Laws § 49-16A-22Pooling agreements as restraint of trade
- S.D. Codified Laws § 49-16A-23Common carrier obligations--Limitation
- S.D. Codified Laws § 49-16A-24Bill of lading or contract for carriage--Shipper's acceptance as assent to terms
- S.D. Codified Laws § 49-16A-25Lien for freightage
- S.D. Codified Laws § 49-16A-26Preference to federal and state governments
- S.D. Codified Laws § 49-16A-27Gratuitous shipment by railroad without reward--Duties
- S.D. Codified Laws § 49-16A-28Directions of shipper--Conflicting directions--Delivery
- S.D. Codified Laws § 49-16A-29Delivery at nearest station absent usage to contrary
- S.D. Codified Laws § 49-16A-30Services other than carriage and delivery--Statutes governing
- S.D. Codified Laws § 49-16A-31Delivery to connecting carrier--Liability to final destination
- S.D. Codified Laws § 49-16A-32Railroad responsible for agents' acts
- S.D. Codified Laws § 49-16A-33Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand
- S.D. Codified Laws § 49-16A-34Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns
- S.D. Codified Laws § 49-16A-35Suit on claim--Interest--Attorney fee--Remedy cumulative
- S.D. Codified Laws § 49-16A-36Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void
- S.D. Codified Laws § 49-16A-37Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars
- S.D. Codified Laws § 49-16A-38Joint through rates required--Duty to receive and transport freight and cars
- S.D. Codified Laws § 49-16A-39Carload lots--Transfer to connecting road without added charge
- S.D. Codified Laws § 49-16A-40Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic
- S.D. Codified Laws § 49-16A-41Routing instructions by shipper
- S.D. Codified Laws § 49-16A-42Sale or lease of road, property, rights, privileges, and franchises authorized
- S.D. Codified Laws § 49-16A-43.1Validation of defects in lease or sale made prior to January 1, 1994
- S.D. Codified Laws § 49-16A-43.2Notice of sale of railroad property--Publication--Copy to be mailed to lessee
- S.D. Codified Laws § 49-16A-44Report annually to department--Special reports and specific questions
- S.D. Codified Laws § 49-16A-45Inspection of roads by department
- S.D. Codified Laws § 49-16A-46Transfer of certain Public Utilities Commission functions to transportation department
- S.D. Codified Laws § 49-16A-47Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired
- S.D. Codified Laws § 49-16A-48Department of transportation--Interstate commerce violations--Duties
- S.D. Codified Laws § 49-16A-49Department of Transportation--Appearance before interstate commerce commission
- S.D. Codified Laws § 49-16A-50Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land
- S.D. Codified Laws § 49-16A-51Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location
- S.D. Codified Laws § 49-16A-52Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree
- S.D. Codified Laws § 49-16A-53Changing grade or location for convenience of public travel
- S.D. Codified Laws § 49-16A-54Liability for damages from change--Time for damage claim--Notice--Nonresidents
- S.D. Codified Laws § 49-16A-55Authorization to use public lands--Damage to occupant
- S.D. Codified Laws § 49-16A-56Authorization to use school or public lands--Width of right-of-way
- S.D. Codified Laws § 49-16A-57Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds
- S.D. Codified Laws § 49-16A-58Issuance of certificate reserving school and public lands for railroad
- S.D. Codified Laws § 49-16A-59Filing as vesting right to use--Duration of right--Forfeiture for failure to use
- S.D. Codified Laws § 49-16A-60Deed from Governor after construction of road and payment for land taken--Ascertaining value of land
- S.D. Codified Laws § 49-16A-61Title relates back to filing--Subsequent grants invalid
- S.D. Codified Laws § 49-16A-62Other rights-of-way across deeded lands
- S.D. Codified Laws § 49-16A-63Maps kept by commissioner of school and public lands--Noting and reserving right-of-way
- S.D. Codified Laws § 49-16A-64Plat of proposed road filed with department--Grant of permit to construct road
- S.D. Codified Laws § 49-16A-65Factors considered in assessing plat
- S.D. Codified Laws § 49-16A-66Publicly constructed or acquired railroads as public highways
- S.D. Codified Laws § 49-16A-69Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs
- S.D. Codified Laws § 49-16A-71Extension of fireguards along right-of-way--Condemnation procedure--Petition
- S.D. Codified Laws § 49-16A-72Extension of fireguards on unoccupied land--Right to burn--Maximum width
- S.D. Codified Laws § 49-16A-73Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs
- S.D. Codified Laws § 49-16A-74Facilities for transferring freight or cars between railroads--Judicial apportionment of costs
- S.D. Codified Laws § 49-16A-75Eminent domain power--Authorization by Governor or commission required--Hearing on application
- S.D. Codified Laws § 49-16A-75.1Commission to promulgate rules for railroad seeking to exercise eminent domain
- S.D. Codified Laws § 49-16A-75.2Railroad carries burden of proof to show public necessity
- S.D. Codified Laws § 49-16A-75.3Determination of public use consistent with public necessity--Appeal
- S.D. Codified Laws § 49-16A-75.4Proceedings to establish compensation--Physical possession
- S.D. Codified Laws § 49-16A-76Powers--Acceptance of voluntary grants for railroad purposes
- S.D. Codified Laws § 49-16A-77Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken
- S.D. Codified Laws § 49-16A-78Entries upon land--Appropriation of land--Purposes of appropriation
- S.D. Codified Laws § 49-16A-79Condemnation for spur tracks to serve industry
- S.D. Codified Laws § 49-16A-80Entry and appropriation for changing location or grade--Surveys
- S.D. Codified Laws § 49-16A-81Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree
- S.D. Codified Laws § 49-16A-82Purchase of land--Failure to agree upon price--Determination by circuit court
- S.D. Codified Laws § 49-16A-83Railroad-highway grade crossings
- S.D. Codified Laws § 49-16A-84Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade
- S.D. Codified Laws § 49-16A-85Temporary routes during change of grade construction
- S.D. Codified Laws § 49-16A-86Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad
- S.D. Codified Laws § 49-16A-87Crossing standards--Warning sign
- S.D. Codified Laws § 49-16A-88Warning signs--Erection by county commissioners at expense of railroad
- S.D. Codified Laws § 49-16A-89Crossings--Erection of lighting or alarms at order of department
- S.D. Codified Laws § 49-16A-89.1Erection of stop signs until alarms or lighting operational
- S.D. Codified Laws § 49-16A-89.2Alarm or lighting device required where railroad crosses state trunk highway system
- S.D. Codified Laws § 49-16A-90Tampering with light or signal--False light or signal--Felony
- S.D. Codified Laws § 49-16A-91Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance
- S.D. Codified Laws § 49-16A-92Notice to railroad to erect fence--Contents of notice--Time for compliance
- S.D. Codified Laws § 49-16A-93Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad
- S.D. Codified Laws § 49-16A-94Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules
- S.D. Codified Laws § 49-16A-96Bridges and abutments--Maintenance
- S.D. Codified Laws § 49-16A-98Restoration and maintenance of watercourses and highways affected by railroad construction
- S.D. Codified Laws § 49-16A-100Utility poles and wires on right-of-way--Commission to regulate
- S.D. Codified Laws § 49-16A-100.1Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation
- S.D. Codified Laws § 49-16A-100.2Definitions relating to utility crossing of railroad right-of-way
- S.D. Codified Laws § 49-16A-100.3Notice and application for placement of utility facility across railroad right-of-way
- S.D. Codified Laws § 49-16A-100.4Commencement of construction across railroad right-of-way--Exception
- S.D. Codified Laws § 49-16A-100.5Standard crossing fee--Flagging expense
- S.D. Codified Laws § 49-16A-100.6Certificate of insurance or coverage for utilities crossing railroad right-of-way
- S.D. Codified Laws § 49-16A-100.7Notice of objection by railroad--Petition for dispute resolution--Appeal