South Dakota Codified Laws
Chapter 16A - Intrastate Railroad Regulation
Section 49-16A-11 - Venue of criminal prosecution.

49-16A-11. Venue of criminal prosecution.
Trial of a criminal action under §§49-16A-9 and 49-16A-10 shall be in the circuit court for the county in which any part of the violation was committed or through which the transportation was conducted.

Source: SL 1980, ch 322, §11.

Structure South Dakota Codified Laws

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-21 - Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize.

Section 49-16A-22 - Pooling agreements as restraint of trade.

Section 49-16A-23 - Common carrier obligations--Limitation.

Section 49-16A-24 - Bill of lading or contract for carriage--Shipper's acceptance as assent to terms.

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-33 - Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand.

Section 49-16A-34 - Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns.

Section 49-16A-35 - Suit on claim--Interest--Attorney fee--Remedy cumulative.

Section 49-16A-36 - Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void.

Section 49-16A-37 - Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars.

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-40 - Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic.

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-46 - Transfer of certain Public Utilities Commission functions to transportation department.

Section 49-16A-47 - Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired.

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-50 - Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land.

Section 49-16A-51 - Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location.

Section 49-16A-52 - Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree.

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-57 - Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds.

Section 49-16A-58 - Issuance of certificate reserving school and public lands for railroad.

Section 49-16A-59 - Filing as vesting right to use--Duration of right--Forfeiture for failure to use.

Section 49-16A-60 - Deed from Governor after construction of road and payment for land taken--Ascertaining value of land.

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-63 - Maps kept by commissioner of school and public lands--Noting and reserving right-of-way.

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-69 - Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs.

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-73 - Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs.

Section 49-16A-74 - Facilities for transferring freight or cars between railroads--Judicial apportionment of costs.

Section 49-16A-75 - Eminent domain power--Authorization by Governor or commission required--Hearing on application.

Section 49-16A-75.1 - Commission to promulgate rules for railroad seeking to exercise eminent domain.

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-77 - Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.

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-81 - Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree.

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-84 - Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade.

Section 49-16A-85 - Temporary routes during change of grade construction.

Section 49-16A-86 - Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.

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-89.2 - Alarm or lighting device required where railroad crosses state trunk highway system.

Section 49-16A-90 - Tampering with light or signal--False light or signal--Felony.

Section 49-16A-91 - Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance.

Section 49-16A-92 - Notice to railroad to erect fence--Contents of notice--Time for compliance.

Section 49-16A-93 - Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.

Section 49-16A-94 - Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules.

Section 49-16A-96 - Bridges and abutments--Maintenance.

Section 49-16A-98 - Restoration and maintenance of watercourses and highways affected by railroad construction.

Section 49-16A-100 - Utility poles and wires on right-of-way--Commission to regulate.

Section 49-16A-100.1 - Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation.

Section 49-16A-100.2 - Definitions relating to utility crossing of railroad right-of-way.

Section 49-16A-100.3 - Notice and application for placement of utility facility across 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-100.6 - Certificate of insurance or coverage for utilities crossing railroad right-of-way.

Section 49-16A-100.7 - Notice of objection by railroad--Petition for dispute resolution--Appeal.

Section 49-16A-100.8 - Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--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-104 - Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police.

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-111 - Legislation relating to restraint of domestic animals or fences--Applicability to tracks.

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-117 - Filing of certain records related to property conveyances by a railroad to a railroad.

Section 49-16A-118 - Effect of filing--Notice of rights and interests.

Section 49-16A-119 - Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor.