49-16A-1. Definitions of terms. Terms used in this chapter mean: (1)”Common carrier,” a carrier which holds itself out to the general public as engaged in the business of transporting freight in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire; (2)”Department,” the Department […]
49-16A-10. Individual acts or omissions in scope of employment. When acting in the scope of his employment, the actions and omissions of a person acting for or employed by a carrier or shipper that is subject to §§49-16A-8 and 49-16A-9 are considered to be the actions and omissions of that person. Source: SL 1980, ch […]
49-16A-100. Utility poles and wires on right-of-way–Commission to regulate. The Public Utilities Commission shall make rules and regulations for the setting of poles on railroad right-of-way, and the stringing or suspending of telephone, telegraph, electric, or other wires over the track of railroads. Source: SDC 1939, §52.0258; SDCL, §49-7-3; SL 1980, ch 322, §99.
49-16A-100.1. Right of utilities to cross over or under railroad right-of-way–Fee–Regulation and negotiation. Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to cross over or under the railroad right-of-way for the placement of facilities, […]
49-16A-100.10. Application of §§49-16A-100.2 to 49-16A-100.9. Sections 49-16A-100.2 to 49-16A-100.9, inclusive, apply to: (1)Any crossing in existence before July 1, 2014 if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the railroad during the existence of the […]
49-16A-100.2. Definitions relating to utility crossing of railroad right-of-way. Terms used in §§49-16A-100.2 to 49-16A-100.10, inclusive, mean: (1)”Railroad,” any nonpublic association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad; (2)”Rural water system,” an […]
49-16A-100.3. Notice and application for placement of utility facility across railroad right-of-way. Any utility that intends to place a facility across a railroad right-of-way shall provide to the railroad notice of the placement at least thirty days before the placement. The notice shall include a completed crossing application, including a drawing showing the location of […]
49-16A-100.4. Commencement of construction across railroad right-of-way–Exception. Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations […]
49-16A-100.5. Standard crossing fee–Flagging expense. Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of any license, permit, application, […]
49-16A-100.6. Certificate of insurance or coverage for utilities crossing railroad right-of-way . The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The […]
49-16A-100.7. Notice of objection by railroad–Petition for dispute resolution–Appeal. If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the […]
49-16A-100.8. Additional requirements imposed by railroad–Objection by utility–Petition for resolution of objection–Appeal. If a railroad asserts in writing by certified mail return receipt requested that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad […]
49-16A-100.9. Existing agreements–Eminent domain. Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in §§49-16A-100.2 to 49-16A-100.10, inclusive, impairs the authority of a utility […]
49-16A-102. Railroad police–Appointment and employment by railroad. A railroad organized under the laws of this state, or doing business within this state, may, at its own expense, appoint and employ policemen at stations or other places on its roads within this state for the protection of its property and the preservation of order on its […]
49-16A-103. Railroad police–Authority to arrest–Procedure on arrest without warrant. Policemen employed pursuant to §49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in […]
49-16A-104. Authority of regular law enforcement officers unaffected–Responsibility for acts of railroad police. Nothing in §49-16A-102 or 49-16A-103 shall be so construed as to restrict the lawful rights, powers, or privileges of a law enforcement officer within his respective jurisdiction. A railroad making an appointment pursuant to §49-16A-102 is responsible for the acts of its […]
49-16A-105. Entry upon railroad equipment while armed a felony. No person, either individually or as a member of any mob, band, or assembly, shall enter upon, occupy, or appropriate any part of a railway train or of railway equipment used or useful in the transportation of passengers or property, or in the maintenance or operation […]
49-16A-106. Tampering with journal boxes a felony. Any person who intentionally takes or removes the waste or packing or brass from any journal box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or capable of being used or operated on a railroad, is guilty of a Class 5 felony. Source: […]
49-16A-107. Malicious destruction of railroad property a felony. Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad, is guilty […]
49-16A-108. Malicious obstruction of tracks a felony. Any person who maliciously places an obstruction on the rails or track of a railroad, or any branch, or turnout connected with a railroad, is guilty of a Class 6 felony. Source: SDC 1939, §13.4513 (2); SDCL, §49-27-9; SL 1976, ch 294, §36; SL 1980, ch 322, §107.
