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South Dakota Laws > Title 49 > Chapter 16A - Intrastate Railroad Regulation

^{Current as of: 2010}

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§ 49-16A-1	Definitions of terms
§ 49-16A-2	Corporation law--Applicability to railroads
§ 49-16A-3	Chapters governing railroads
§ 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-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-43.1	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-69	Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs
§ 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-96	Bridges and abutments--Maintenance
§ 49-16A-98	Restoration and maintenance of watercourses and highways affected by railroad construction
§ 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-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

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South Dakota Laws > Title 49 > Chapter 16A - Intrastate Railroad Regulation

South Dakota Laws > Title 49 > Chapter 16A - Intrastate Railroad Regulation

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