46-8-16. Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.
An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right-of-way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right-of-way. The owner of the works shall notify the board or officer in charge of the right-of-way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right-of-way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right-of-way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.
Source: SDC 1939, §61.0144; SL 1955, ch 430, §1; SDC Supp 1960, §61.0131; SL 1983, ch 314, §148.
Structure South Dakota Codified Laws
Section 46-8-1 - Right of eminent domain for application or conveyance of water for beneficial use.
Section 46-8-1.1 - Limit on exercise of right of eminent domain.
Section 46-8-1.2 - Location of routes restricted.
Section 46-8-2 - Permission required for entry on land for surveys--Liability for damages.
Section 46-8-2.1 - Order of circuit court for entry on land.
Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient.
Section 46-8-7 - Plat of route for water conduit--Certification and recording.
Section 46-8-8 - Right for location of route an easement.
Section 46-8-10 - Reasonable access to land.
Section 46-8-18 - Right to cross school and public lands--Notice to commissioner.