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Home » US Law » 2022 South Dakota Codified Laws » Title 49 - Public Utilities and Carriers » Chapter 17A - Regional Railroad Authorities

Section 49-17A-3 – Contents of agreement creating authority.

49-17A-3. Contents of agreement creating authority. The agreement authorized in §49-17A-2 shall state: (1)That the railroad authority is created and incorporated under the provisions of this chapter as a political subdivision of this state, to exercise thereunder a part of the sovereign power of the state; (2)The name of the authority which shall include the […]

Section 49-17A-3.1 – Authority may not change resolution eschewing taxing power.

49-17A-3.1. Authority may not change resolution eschewing taxing power. Any railroad authority may adopt a resolution amending the provisions of the agreement authorized by §49-17A-2 to specify that the railroad authority may not levy a tax pursuant to the provisions provided in chapter 49-17A. The railroad authority shall file a certified copy of the resolution […]

Section 49-17A-30 – Mortgages and deeds of trust to secure obligations–Filing.

49-17A-30. Mortgages and deeds of trust to secure obligations–Filing. For the security of such bonds or notes the authority may execute and make mortgages or deeds of trust of the whole or any part of its property which, together with any assignments or release thereof, shall be filed in the Office of the Secretary of […]

Section 49-17A-31 – Bond recital conclusive as to authority and purpose.

49-17A-31. Bond recital conclusive as to authority and purpose. Any bond reciting that it has been issued by the authority pursuant to the provisions and for the purposes of this chapter shall be conclusively deemed to have been issued pursuant to such provisions and for such purposes. Source: SL 1978, ch 344, §29.

Section 49-17A-33 – Sale of bonds.

49-17A-33. Sale of bonds. Bonds issued shall be sold at public or private sale for a price and in a manner determined by the authority. Source: SL 1978, ch 344, §31.

Section 49-17A-34 – Bonds exempt from taxation.

49-17A-34. Bonds exempt from taxation. Bonds issued by an authority pursuant to the provisions of this chapter, together with interest and income therefrom, shall be exempt from all taxes. Source: SL 1978, ch 344, §32.

Section 49-17A-36 – Arrangements for operating and providing railroad service.

49-17A-36. Arrangements for operating and providing railroad service. The authority may enter into contracts, leases, and other arrangements for such term as the authority may determine with any persons: (1)Granting the privilege of using or improving the railroad or any portion or facility or space for commercial purposes; (2)Conferring the privilege of supplying goods, commodities, […]

Section 49-17A-39 – Disposition of property of authority.

49-17A-39. Disposition of property of authority. Except as may be limited by the terms and conditions of any grant, loan, or agreement, made or received by the authority, an authority may, by sale, lease, or otherwise, dispose of any of its property, or portion thereof or interest therein. Source: SL 1978, ch 344, §36.

Section 49-17A-4 – Filing of agreement and resolutions–Certificate of incorporation–Beginning of corporate existence.

49-17A-4. Filing of agreement and resolutions–Certificate of incorporation–Beginning of corporate existence. The agreement and a certified copy of the resolution of each subdivision shall be filed with the secretary of state. If the agreement conforms to the requirements of this chapter the secretary of state shall file it and issue a certificate of incorporation, which […]

Section 49-17A-5 – Hearing before adoption of resolution–Publication of notice.

49-17A-5. Hearing before adoption of resolution–Publication of notice. No resolution authorized by §49-17A-2 or 49-17A-11 shall be adopted without a public hearing. Notice of such hearing shall be given at least ten days prior thereto in the official newspaper of the subdivision, or if the subdivision has no official newspaper, then in a newspaper having […]

Section 49-17A-6 – Election of commissioners–Terms of office–Vacancies.

49-17A-6. Election of commissioners–Terms of office–Vacancies. The representatives of the subdivisions which are members of a regional railroad authority shall elect commissioners of the regional railroad authority. The number to be elected and their representation shall be provided for in the agreement. All commissioners of a regional railroad authority shall be elected for a term […]

Section 49-17A-7 – Power vested in commissioners–Rules for operation.

49-17A-7. Power vested in commissioners–Rules for operation. The power of each regional authority is vested in the commissioners. Each authority may adopt and amend rules for its own operations subject to the agreement of the subdivisions establishing the authority and subject to the provisions of this chapter. Source: SL 1978, ch 344, §7.