South Dakota § 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
Full text of South Dakota South Dakota Codified Laws § 49-16A-86 — Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad., with citation guidance and answers to common questions.
§ 49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right-of-way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed.
Source: SDC 1939, § 52.0909; SDCL, § 49-19-26; SL 1980, ch 322, § 85; SL 1984, ch 216, § 4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-16A-86
What does South Dakota Codified Laws § 49-16A-86 cover?
Section 49-16A-86 ("Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-16A-86?
A common citation format is "South Dakota Codified Laws § 49-16A-86" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-16A-86 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.