South Dakota § 49-16A-54 Liability for damages from change--Time for damage claim--Notice--Nonresidents.

South Dakota Statutes

§ 49-16A-54 — Liability for damages from change--Time for damage claim--Notice--Nonresidents.

South Dakota § 49-16A-54

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-16AINTRASTATE RAILROAD REGULATION

This text of South Dakota § 49-16A-54 (Liability for damages from change--Time for damage claim--Notice--Nonresidents.) 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-54 (2026).

Text

A railroad is liable in damages, for injury which may have been caused by a change made pursuant to § 49-16A-53 , to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation.

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A railroad is liable in damages, for injury which may have been caused by a change made pursuant to § 49-16A-53 , to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation.