Each railroad owning, leasing, or operating a road in this state may condemn property for the right–of–way of spur tracks designed to reach or serve industries or industrial enterprises, such as mills, mines, smelters, factories, warehouses, and other manufacturing and industrial enterprises, for which freight train service is not performed.

Source: SDC 1939, § 52.0825; SDCL, § 49-22-11; SL 1980, ch 322, § 78.