South Dakota § 49-16A-100.1 Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.

South Dakota Statutes

§ 49-16A-100.1 — Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.

South Dakota § 49-16A-100.1

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-16AINTRASTATE RAILROAD REGULATION

This text of South Dakota § 49-16A-100.1 (Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.) 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 § 49-16A-100.1 (2026).

Text

Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to cross over or under the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way.

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Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to cross over or under the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way.