Any railroad planning to construct a road in this state, and having otherwise complied with all appropriate laws, shall file with the Department of Transportation a plat of the road proposed to be constructed, stating the principal points through which it is planned to construct the road. The department shall, if satisfied that the road is desirable and that there is a probability that it will be constructed, grant a permit to the railroad to construct the road.

Source: SDC 1939, § 52.0805; SDCL, § 49-19-1; SL 1980, ch 322, § 63.