South Dakota Code — 49
Browse 1,095 sections in division 49 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 49-1-2. Election of public utilities commissioners--Qualifications and term of office--Vacancies.
- § 49-1-3. Qualifications of commissioners--Age and residence--Interest in companies prohibited.
- § 49-1-4. Duties of commissioners--Sessions of Public Utilities Commission--Removal.
- § 49-1-5. Vacancies in office of commissioner--Appointment by Governor--Term of appointment.
- § 49-1-6. Oath and bond of commissioners.
- § 49-1-7. Salary of commissioners.
- § 49-1-8. Creation of Public Utilities Commission--Secretary--Seal.
- § 49-1-8.1. Commission continued as separate department.
- § 49-1-8.2. Executive director--Appointment--Duties--Signature on behalf of commission.
- § 49-1-9. Proceedings before commission--Quorum--Disqualification--Appointment--Compensation.
- § 49-1-9.1. Providing false or misleading information to commission as misdemeanor.
- § 49-1-10. Hearings before commission--Oaths.
- § 49-1-11. Rules of commission.
- § 49-1-12. Records of official actions--Proceedings open to public.
- § 49-1-12.1. Discussions on internal management not subject to chapter 1-25.
- § 49-1-13. Annual report to Governor--Contents.
- § 49-1-14. Attorney general as adviser to commission--Suits by commission.
- § 49-1-15. Assistant attorneys general to serve commission exclusively.
- § 49-1-16. Duties of state's attorneys.
- § 49-1-18. Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.
- § 49-1-19. Appeals from commission.
- § 49-1A-1. Purpose of fund.
- § 49-1A-2. Gross receipts tax fund established.
- § 49-1A-3. Annual intrastate gross receipts tax levied--Amount.
- § 49-1A-4. Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment.
- § 49-1A-5. Tax payment date.
- § 49-1A-6. Penalty for late payment--Collection procedure.
- § 49-1A-7. Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized.
- § 49-1A-8. South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount.
- § 49-1A-9. Deposit used to defray analyzing and ruling expenses--Payment on warrants.
- § 49-1A-10. Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal.
- § 49-1A-11. Actual costs assessed to electric or gas utility or to a utility's supplier.
- § 49-2-1. Contract of carriage of messages.
- § 49-2-2. Common carrier of messages defined.
- § 49-2-4. Duty of carrier to accept freight.
- § 49-2-6. Preference to federal and state governments.
- § 49-2-7. Contractual limitation of duties--General notice.
- § 49-2-9. Disclaimer of liability--Willful, wanton, or fraudulent conduct.
- § 49-2-10. Compensation of carrier.
- § 49-2-11. Rules governing carriers without reward.
- § 49-2-12. Eminent domain powers.
- § 49-7-2. Regulations of Board of School and Public Lands.
- § 49-7-11. Pipelines that are common carriers--Exemption.
- § 49-7-12. Reasonable charges.
- § 49-7-13. Condemnation of pipeline right-of-way--Width across school and public lands.
- § 49-7-13.1. Condemnation of pipeline right-of-way--Prohibited for carbon oxide pipeline.
- § 49-7-14. Right-of-way across school and public lands--Extra width--Governor's approval.
- § 49-7-15. Plat of pipeline route--Certification, acknowledgment and filing--Compensation for damages.
- § 49-7-16. Certificate issued by commissioner.
- § 49-7-17. Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.
- § 49-7-18. Payment for school and public lands taken--Valuation--Governor's deed--Reverter.
- § 49-7-19. Relation back of title.
- § 49-7-20. Right to enter and cross school and public lands.
- § 49-7-21. Subdivision of school and public lands--Pipeline right-of-way reserved.
- § 49-7-22. Telecommunications and electrical facilities across school and public lands.
- § 49-7A-1. Definition of terms.
- § 49-7A-2. Establishment of One-Call Notification Board--State one-call fund--Continuous appropriation--One-call notification center established--Services provided--Operator obligations and civil liability--Penalties.
- § 49-7A-3. Governing board--Representation--Term of appointment.
- § 49-7A-4. Rules--Operating procedures.
- § 49-7A-5. Notification of proposed excavation--Promulgation of rules.
- § 49-7A-6.1. Operator not to be billed when location of excavation on notice differs from location of operator's facility.
- § 49-7A-7. Duties of one-call notification center.
- § 49-7A-8. Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules.
- § 49-7A-9. Failure to provide timely location markings--Inadequate markings--Liability.
- § 49-7A-10. Liability for damage to underground facility.
- § 49-7A-12. Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.
- § 49-7A-13. Inability to locate underground facility.
- § 49-7A-14. Local permit requirements unaffected.
- § 49-7A-15. Owners and operators of underground facilities required to register with one call notification system.
- § 49-7A-17. Complaints--Rules of Practice.
- § 49-7A-18. Penalties.
- § 49-7A-19. Penalties for intentional violations.
- § 49-7A-20. Each violation as separate offense.
- § 49-7A-21. Complaint and order prerequisites for penalty--Time limit.
- § 49-7A-22. Panel to determine existence of probable cause for violation--Recommendation to board.
- § 49-7A-23. Panel to forward complaint to respondent.
- § 49-7A-24. Respondent to satisfy or answer complaint--Procedure.
- § 49-7A-25. Complaint, answer to be sole basis for probable cause determination.
- § 49-7A-26. Factors considered in determining amount of penalty.
- § 49-7A-27. Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.
- § 49-7A-28. Action to recover penalty.
- § 49-7A-29. Record and evidence in court action.
- § 49-7A-30. Board to maintain docket and index.
- § 49-7A-31. Board to keep transcript of proceedings--Certification.
- § 49-7A-32. Removal of board member for conflict of interest.
- § 49-7A-33. Demand for penalty required before suit brought.
- § 49-7A-34. Board action has presumption of validity.
- § 49-7A-35. Annual report of board.
- § 49-11-5. Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.
- § 49-11-6. Receipt for higher rate during period of stay--Condition precedent to grant of stay--Violation as misdemeanor.
- § 49-11-7. Reports filed during period of stay--Contents--Failure as misdemeanor.
- § 49-11-8. Duty of carrier to refund where decreased rate is affirmed--Violation as misdemeanor.
- § 49-11-9. Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.
- § 49-13-1. Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.
- § 49-13-1.1. Complaint to commission or suit by private person--Election of remedies.
- § 49-13-3. Compliance by telecommunications company or carrier as exoneration only for particular violation complained of.
- § 49-13-4. Investigation of complaint--Inquiry without complaint.
- § 49-13-5. Authority of commission on inquiry without complaint.
- § 49-13-6. Docket--Contents--Index.
- § 49-13-7. Record--Contents--Transcript of evidence.
- § 49-13-9. Hearing before any commissioner.
- § 49-13-9.1. Corporations and business entities may appear without counsel in certain cases.
- § 49-13-13. Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.
- § 49-13-14. Determination of damages--Order directing payment.
- § 49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
- § 49-13-14.2. Necessity for demand before suit.
- § 49-13-16. Presumption of validity of order--Burden to prove invalidity.
- § 49-13-17. Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.
- § 49-13-18. Issuance of mandamus or other proper process.
- § 49-13-19. Enforcement of mandamus or other proper process for failure to obey.
- § 49-13-20. Money judgment for default in compliance--Disposition of money.
- § 49-13-21. Recovery of moneys by attachment or execution--Appeal to Supreme Court.
- § 49-13-22. Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.
- § 49-13-23. Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
- § 49-13-24. Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.
- § 49-13-25. Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.
- § 49-13-26. Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
- § 49-13-27. Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.
- § 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 intent or 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 on demand.
- § 49-16A-34. Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of 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--Contrary contractual provision void.
- § 49-16A-37. Interchange facilities required--Discrimination between connecting roads prohibited--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--Same facilities 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 transportation department.
- § 49-16A-47. Department as sole representative of state in abandonment, consolidation, merger and 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 commerce commission.
- § 49-16A-50. Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.
- § 49-16A-51. Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--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 reserving right-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 entire expense against railroad--Assessment against complainant or apportionment in other 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's directions--Sharing of costs.
- § 49-16A-74. Facilities for transferring freight or cars between railroads--Judicial apportionment 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 by railroad 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 of highway--Maximum grade.
- § 49-16A-85. Temporary routes during change of grade construction.
- § 49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
- § 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 highway system.
- § 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 necessary under state or federal rules.
- § 49-16A-96. Bridges and abutments--Maintenance.
- § 49-16A-98. Restoration and maintenance of watercourses and highways affected by railroad construction.
- § 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--Regulation and 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 for resolution 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 acts of 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 to tracks.
- § 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 a railroad.
- § 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.
- § 49-16B-1. Legislative declarations--Public participation in railroad ownership and operation.
- § 49-16B-2. Definitions of terms.
- § 49-16B-3. Railroad authority created--Members.
- § 49-16B-4. Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.
- § 49-16B-6. Oath and bond of members.
- § 49-16B-7. Per diem and expenses.
- § 49-16B-8. Agents and employees.
- § 49-16B-9. Seal.
- § 49-16B-10. Projects authority may undertake.
- § 49-16B-11. Report to legislature recommending projects.
- § 49-16B-12. Transfer of jurisdiction or property to authority--Governor's approval.
- § 49-16B-13. Acquisition of property--Construction and maintenance of railroad facilities.
- § 49-16B-13.1. Approval of expenditures by railroad board and Governor.
- § 49-16B-13.2. Maintenance of public railroad property by Department of Transportation.
- § 49-16B-14. Department of Transportation's powers as to projects.
- § 49-16B-15. Lease of facilities and sites.
- § 49-16B-16. Lease terms, conditions and rentals.
- § 49-16B-17. Leases to contain option to purchase--Purchase price.
- § 49-16B-18. Lease provisions for lessee's payment of taxes, insurance and other costs.
- § 49-16B-19. Leases to Department of Transportation--Rents payable solely from appropriations--Amount.
- § 49-16B-20. Nonpayment of rent--Maintenance, operation, or lease of facilities.
- § 49-16B-21. Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.
- § 49-16B-22. Tax exempt status of authority's property.
- § 49-16B-23. Negotiable revenue bonds--Resolution for issuance--Legislative approval.
- § 49-16B-24. Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues.
- § 49-16B-25. Bonds and notes--Resolution--Issuance--Terms.
- § 49-16B-26. Bonds--Repayment from lease income and revenues from facilities financed.
- § 49-16B-27. Bonds--Execution and registration--Officers' signatures.
- § 49-16B-28. Bonds--Statements on face.
- § 49-16B-29. Obligation of state not authorized.
- § 49-16B-30. Contract with holders--Enforcement.
- § 49-16B-31. Interim notes--Purposes for which authorized.
- § 49-16B-32. Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date.
- § 49-16B-33. Interim notes--Registration--Issuance.
- § 49-16B-34. Interim notes--Interest--Redemption by authority.
- § 49-16B-35. Interim notes--Execution--Attestation--Seal.
- § 49-16B-36. Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired.
- § 49-16B-37. Interim notes--Additional security for payment.
- § 49-16B-38. Interim notes not indebtedness within constitutional or statutory limitations.
- § 49-16B-39. Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.
- § 49-16B-40. Interim notes--No personal liability.
- § 49-16B-41. Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.
- § 49-16B-42. Authority to account for income--Disbursements from accounts in fund.
- § 49-16B-43. Conveyance of property to state by authority.
- § 49-16B-44. Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds.
- § 49-16B-46. Contract power of authority.
- § 49-16B-47. Bylaws, rules and regulations of authority.
- § 49-16C-1. Railroad trust fund--Creation--Expenditure.
- § 49-16C-2. Transfer of money to railroad authority fund.
- § 49-16C-3. Loans to regional railroad authorities--Procedure.
- § 49-16C-4. Interest and fees on loans to regional authorities.
- § 49-16C-5. Expenditures to match federal funds.
- § 49-16C-6. Expenditure to join other states in preserving certain railroad.
- § 49-16C-7. Continuous appropriation of fund.
- § 49-16C-8. Purchase of rolling stock or operation of railroad not authorized.
- § 49-17-19. Acceptance by commission of funds for railroad improvement--Acquisition, construction and operation of facilities.
- § 49-17-20. Acceptance of moneys for county or municipality for railroad purposes.
- § 49-17-21. Contracts for continuation and improvement of freight service.
- § 49-17-22. Identification of branch trackage with potential for service.
- § 49-17-23. Programs for improvement of freight service on branch trackage.