§ 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 intentor 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 ondemand
§ 49-16A-34 Claim for loss, injury or overcharge–Railroad to respond within sixty days–Billof 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–Contrarycontractual provision void
§ 49-16A-37 Interchange facilities required–Discrimination between connecting roadsprohibited–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–Samefacilities 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 transportationdepartment
§ 49-16A-47 Department as sole representative of state in abandonment, consolidation, mergerand 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 commercecommission
§ 49-16A-50 Powers–Construction, operation and maintenance of roads across, along or overwatercourses and highways–Overpasses and underpasses–Changing course ofhighway–Taking land
§ 49-16A-51 Powers–Crossing, intersecting and connecting railroads–Failure of railroads toagree–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 reservingright-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 entireexpense against railroad–Assessment against complainant or apportionment inother 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’sdirections–Sharing of costs
§ 49-16A-74 Facilities for transferring freight or cars between railroads–Judicialapportionment 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 byrailroad 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 ofhighway–Maximum grade
§ 49-16A-86 Private farm crossings–Cattle guards–Duty to keep gates closed–Liability ofrailroad
§ 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 highwaysystem
§ 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 necessaryunder state or federal rules
§ 49-16A-96 Bridges and abutments–Maintenance
§ 49-16A-98 Restoration and maintenance of watercourses and highways affected by railroadconstruction
§ 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–Regulationand negotiation
§ 49-16A-100.2 Definitions relating to utility crossing of railroad right-of-way
§ 49-16A-100.3 Notice and application for placement of utility facility across railroad right-of-way
§ 49-16A-100.4 Commencement of construction across railroad right-of-way_Exception
§ 49-16A-100.5 Standard crossing fee–Flagging expense
§ 49-16A-100.6 Certificate of insurance or coverage for utilities crossing railroad right-of-way
§ 49-16A-100.7 Notice of objection by railroad–Petition for dispute resolution–Appeal
§ 49-16A-100.8 Additional requirements imposed by railroad–Objection by utility–Petition forresolution of objection–Appeal
§ 49-16A-100.9 Existing agreements–Eminent domain
§ 49-16A-100.10 Application of §§ 49-16A-100.2 to 49-16A-100.9
§ 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 actsof 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-108.1 Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier
§ 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 totracks
§ 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 arailroad
§ 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

Terms Used In South Dakota Codified Laws > Title 49 > Chapter 16A - Intrastate Railroad Regulation

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2