South Dakota § 49-16A-1 - Definitions of terms.

§ 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 of Transportation created by chapter 1-44;

(3)    "For hire," the condition of receiving remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of freight;

(4)    "Freight," all property tendered for transportation by a railroad;

(5)    "Railroad," any association or corporation, or other entity, other than a state agency or authority, engaged in operating a common carrier by rail regardless of motive power used, excluding street railroads;

(6)    "Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks, interchanges, and all other fixtures and real property owned or operated by a railroad to discharge its obligations as a common carrier by rail;

(7)    "Shipper," a consignor or consignee;

(8)    "Commission," the Transportation Commission created by § 1-44-4;

(9)    "Negotiated in good faith," a bona fide offer to pay all costs and damages as compensation for the acquisition of property desired by the applicant for the construction or reconstruction of a road, including the economic costs or diminution associated with or caused by the construction or reconstruction if there is a partial taking of property.

Source: SL 1980, ch 322, § 1; SL 1990, ch 372, § 1; SL 1999, ch 222, § 3.