9-45-18. Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad company shall proceed within the time and in the manner required by the governing body to construct, reconstruct, or repair any viaduct as required. It is a petty offense for any railroad company to neglect to perform such duty, and each day such company shall neglect to perform such duty shall constitute a separate offense.
Any such company may be compelled by mandamus or other appropriate proceeding to construct, reconstruct, or repair any viaduct so required.
Source: SL 1909, ch 126; RC 1919, §6366; SDC 1939, §§45.1706, 45.9904; SL 1981, ch 43, §20.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 45 - Street And Alley Improvements
Section 9-45-2 - Street names and numbering of houses.
Section 9-45-3 - Bridges, culverts and sluiceways.
Section 9-45-4 - City power over bridges, viaducts, and tunnels.
Section 9-45-5 - Crosswalks, curbs, gutters, and drains.
Section 9-45-8 - Publication of notice of petition and hearing on vacation.
Section 9-45-9 - Hearing and decision on vacation of street, alley, or public ground--Vote required.
Section 9-45-10 - Vacation after nonuser of platted street or alley--Petition of property owners.
Section 9-45-11 - Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
Section 9-45-12 - Publication and filing of resolution vacating platted street or alley.
Section 9-45-13 - Irregularities in vacation proceedings cured after two years.
Section 9-45-13.1 - Vacation of street in extraterritorial jurisdiction of municipality.
Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.
Section 9-45-17 - Viaduct specifications determined by governing body.
Section 9-45-36 - Sidewalk relocation costs shared by municipality.
Section 9-45-37 - Record of street proceedings kept by auditor or clerk.