South Dakota Codified Laws
Chapter 26 - Utility Lines Along And Across Highways
Section 31-26-23 - Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.

31-26-23. Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.
If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected known utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The meeting shall allow the public entity and affected known utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. No such option may cause the public entity to incur additional costs unless a written agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.
If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected known utility and allow the affected utility thirty days to submit written comments on the project.
After the coordination meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon in writing. If the public entity, in coordination with the utility, determines that winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase or during the written comment period if the public entity determines that a coordination meeting will not be held, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project.

Source: SL 1970, ch 166, §2; SL 2009, ch 148, §1.

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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.