South Dakota § 49-16A-100.4 Commencement of construction across railroad right-of-way--Exception.

South Dakota Statutes

§ 49-16A-100.4 — Commencement of construction across railroad right-of-way--Exception.

South Dakota § 49-16A-100.4

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-16AINTRASTATE RAILROAD REGULATION

This text of South Dakota § 49-16A-100.4 (Commencement of construction across railroad right-of-way--Exception.) 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-100.4 (2026).

Text

Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility.

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Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility.