South Dakota Codified Laws
Chapter 27 - Railroad Crossings
Section 31-27-2.1 - Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.

31-27-2.1. Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
The responsibility of a railroad corporation to maintain and keep in repair grade crossings as provided by law does not terminate upon the abandonment of the railroad right-of-way or a portion thereof. The responsibility continues until the highway is restored to a usable condition. The maintenance responsibility does not terminate with the disposal of the abandoned railroad right-of-way or the dissolution of the railroad corporation but passes to the transferee of the abandoned railroad right-of-way or the successors to the railroad corporation.

Source: SL 1976, ch 185; SL 2010, ch 145, ยง129.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 27 - Railroad Crossings

Section 31-27-1 - Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing.

Section 31-27-2 - Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems.

Section 31-27-2.1 - Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.

Section 31-27-3 - Filing required for establishment of crossing--Approval.

Section 31-27-5 - Expense of eliminating crossings.

Section 31-27-6 - Expense of land appropriated for relocation of crossings.

Section 31-27-7 - Determination to eliminate crossing when no right-of-way is needed.

Section 31-27-11 - Grading and approaches if no right-of-way needed.

Section 31-27-12 - Determination to eliminate dangerous crossing when new right-of-way is necessary.

Section 31-27-15 - Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent.

Section 31-27-17 - Cost of right-of-way, grading, and approaches.

Section 31-27-18 - Minimum overhead clearance--Width of roadway--Approaches.

Section 31-27-19.1 - Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit.

Section 31-27-20 - Railroad right-of-way defined.

Section 31-27-21 - Railroad and highway crossing defined.