South Dakota Codified Laws
Chapter 26 - Utility Lines Along And Across Highways
Section 31-26-20 - Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.

31-26-20. Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.
Costs of adjusting said lines to conform to the minimum height as set out in §31-26-19 may only be assumed by the governmental body having jurisdiction of said public highway where said adjustment results from the acquisition of new highway right-of-way in which the utility has an interest.
Said costs shall not include salvage, depreciation, or betterment values to the utility.

Source: SL 1921, ch 251; SDC 1939, §28.1004; SL 1965, ch 134.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 26 - Utility Lines Along And Across Highways

Section 31-26-1 - Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature.

Section 31-26-2 - Exclusive grant prohibited.

Section 31-26-3 - Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.

Section 31-26-4 - Change of line upon change of highway--Notice.

Section 31-26-5 - Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim.

Section 31-26-6 - Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed.

Section 31-26-7 - Telephone lines--Compliance with other statutes.

Section 31-26-8 - "Person" including other entities.

Section 31-26-9 - Noncompliance with requirements as petty offense.

Section 31-26-10 - Application to county auditor--Telephone lines excepted.

Section 31-26-11 - Contents of application--Central plant location--Route--Telephone lines.

Section 31-26-12 - Rural electrification lines throughout county--Definition of rural electrification.

Section 31-26-13 - Application presented to board of county commissioners--Notice of hearing.

Section 31-26-14 - Action by board--Period of delay.

Section 31-26-15 - Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies.

Section 31-26-16 - Conformity to public utilities commission order.

Section 31-26-17 - Appeal by aggrieved parties--Trial de novo--Appeal during vacation.

Section 31-26-18 - Change of route--Change by county board--Appeal--Procedure.

Section 31-26-19 - Minimum height of utility lines--Liability for damage to lines below minimum height.

Section 31-26-20 - Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.

Section 31-26-21 - Liability for damage for negligent construction or maintenance of line.

Section 31-26-22 - Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.

Section 31-26-23 - Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.

Section 31-26-23.1 - Agreements with owners of utility lines and facilities for future relocation--Limitation.

Section 31-26-24 - Rural water pipelines covered by chapter.

Section 31-26-25 - Application for construction of rural water pipeline over, across, or under public highways--Countywide authorization.

Section 31-26-26 - Relocation of pipeline not required by highway change if owner and county board agree.

Section 31-26-27 - Municipal utility lines--Provisions applicable.