South Dakota § 46-8-16 Right to cross public or railroad right

South Dakota Statutes

§ 46-8-16 — Right to cross public or railroad right

South Dakota § 46-8-16

Title 46WATER RIGHTS

Ch. 46-8EMINENT DOMAIN

This text of South Dakota § 46-8-16 (Right to cross public or railroad right) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 46-8-16 (2026).

Text

An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right - of - way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right - of - way. The owner of the works shall notify the board or officer in charge of the right - of - way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right - of - way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right - of - way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.

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An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right - of - way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right - of - way. The owner of the works shall notify the board or officer in charge of the right - of - way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right - of - way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right - of - way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.