49-16A-100.5. Standard crossing fee--Flagging expense.
Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be assessed by the railroad or by any railroad agent, contractor, or assignee to the utility or to any agent or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing, in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.
Source: SL 2014, ch 217, §3; SL 2016, ch 223, §4.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 16A - Intrastate Railroad Regulation
Section 49-16A-1 - Definitions of terms.
Section 49-16A-2 - Corporation law--Applicability to railroads.
Section 49-16A-3 - Chapters governing railroads.
Section 49-16A-5 - Freight charges to be just and reasonable.
Section 49-16A-6 - Freight charges to be uniformly applied--Unreasonable discrimination defined.
Section 49-16A-7 - Unreasonable discrimination prohibited.
Section 49-16A-8 - Transportation or service at cut rate or discrimination as felony.
Section 49-16A-9 - Failure to file or observe rates or tariffs as felony--Corporation or individual.
Section 49-16A-10 - Individual acts or omissions in scope of employment.
Section 49-16A-11 - Venue of criminal prosecution.
Section 49-16A-19 - Restraint of trade provisions applicable to railroads.
Section 49-16A-20 - Single-line rates as restraint of trade.
Section 49-16A-22 - Pooling agreements as restraint of trade.
Section 49-16A-23 - Common carrier obligations--Limitation.
Section 49-16A-25 - Lien for freightage.
Section 49-16A-26 - Preference to federal and state governments.
Section 49-16A-27 - Gratuitous shipment by railroad without reward--Duties.
Section 49-16A-28 - Directions of shipper--Conflicting directions--Delivery.
Section 49-16A-29 - Delivery at nearest station absent usage to contrary.
Section 49-16A-30 - Services other than carriage and delivery--Statutes governing.
Section 49-16A-31 - Delivery to connecting carrier--Liability to final destination.
Section 49-16A-32 - Railroad responsible for agents' acts.
Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative.
Section 49-16A-38 - Joint through rates required--Duty to receive and transport freight and cars.
Section 49-16A-39 - Carload lots--Transfer to connecting road without added charge.
Section 49-16A-41 - Routing instructions by shipper.
Section 49-16A-42 - Sale or lease of road, property, rights, privileges, and franchises authorized.
Section 49-16A-43.1 - Validation of defects in lease or sale made prior to January 1, 1994.
Section 49-16A-43.2 - Notice of sale of railroad property--Publication--Copy to be mailed to lessee.
Section 49-16A-44 - Report annually to department--Special reports and specific questions.
Section 49-16A-45 - Inspection of roads by department.
Section 49-16A-48 - Department of transportation--Interstate commerce violations--Duties.
Section 49-16A-49 - Department of Transportation--Appearance before interstate commerce commission.
Section 49-16A-53 - Changing grade or location for convenience of public travel.
Section 49-16A-54 - Liability for damages from change--Time for damage claim--Notice--Nonresidents.
Section 49-16A-55 - Authorization to use public lands--Damage to occupant.
Section 49-16A-56 - Authorization to use school or public lands--Width of right-of-way.
Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.
Section 49-16A-61 - Title relates back to filing--Subsequent grants invalid.
Section 49-16A-62 - Other rights-of-way across deeded lands.
Section 49-16A-64 - Plat of proposed road filed with department--Grant of permit to construct road.
Section 49-16A-65 - Factors considered in assessing plat.
Section 49-16A-66 - Publicly constructed or acquired railroads as public highways.
Section 49-16A-71 - Extension of fireguards along right-of-way--Condemnation procedure--Petition.
Section 49-16A-72 - Extension of fireguards on unoccupied land--Right to burn--Maximum width.
Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity.
Section 49-16A-75.3 - Determination of public use consistent with public necessity--Appeal.
Section 49-16A-75.4 - Proceedings to establish compensation--Physical possession.
Section 49-16A-76 - Powers--Acceptance of voluntary grants for railroad purposes.
Section 49-16A-78 - Entries upon land--Appropriation of land--Purposes of appropriation.
Section 49-16A-79 - Condemnation for spur tracks to serve industry.
Section 49-16A-80 - Entry and appropriation for changing location or grade--Surveys.
Section 49-16A-82 - Purchase of land--Failure to agree upon price--Determination by circuit court.
Section 49-16A-83 - Railroad-highway grade crossings.
Section 49-16A-85 - Temporary routes during change of grade construction.
Section 49-16A-87 - Crossing standards--Warning sign.
Section 49-16A-88 - Warning signs--Erection by county commissioners at expense of railroad.
Section 49-16A-89 - Crossings--Erection of lighting or alarms at order of department.
Section 49-16A-89.1 - Erection of stop signs until alarms or lighting operational.
Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.
Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.
Section 49-16A-96 - Bridges and abutments--Maintenance.
Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.
Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way.
Section 49-16A-100.4 - Commencement of construction across railroad right-of-way_Exception.
Section 49-16A-100.5 - Standard crossing fee--Flagging expense.
Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.
Section 49-16A-100.9 - Existing agreements--Eminent domain.
Section 49-16A-100.10 - Application of §§ 49-16A-100.2 to 49-16A-100.9.
Section 49-16A-102 - Railroad police--Appointment and employment by railroad.
Section 49-16A-103 - Railroad police--Authority to arrest--Procedure on arrest without warrant.
Section 49-16A-105 - Entry upon railroad equipment while armed a felony.
Section 49-16A-106 - Tampering with journal boxes a felony.
Section 49-16A-107 - Malicious destruction of railroad property a felony.
Section 49-16A-108 - Malicious obstruction of tracks a felony.
Section 49-16A-108.1 - Application of §§ 49-16A-107 and 49-16A-108 to tourist railroad carrier.
Section 49-16A-109 - Punishment for malicious interference with railroad where death results.
Section 49-16A-110 - Insurance--Railroad may procure.
Section 49-16A-112 - Abandonment of right-of-way--Occupation for three years by other users.
Section 49-16A-113 - Consideration for continued occupancy of right-of-way.
Section 49-16A-114 - Termination of right of occupancy unless right to continue acquired.
Section 49-16A-115 - Abandonment of right-of-way on public or Indian lands--Title claims.
Section 49-16A-116 - Municipal claim to reverter in railroad property--Quit claim authorized.
Section 49-16A-118 - Effect of filing--Notice of rights and interests.