South Dakota Codified Laws
Chapter 45 - Street And Alley Improvements
Section 9-45-19 - Viaduct work done by municipality on failure by railroad--Costs charged against railroad.

9-45-19. Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by §9-45-18, the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such railroad company, and such cost shall be a valid and subsisting lien against such property and shall also be a legal indebtedness of such company in favor of such first or second class municipality.

Source: SL 1909, ch 126; RC 1919, §6366; SDC 1939, §45.1706; SL 1992, ch 60, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 45 - Street And Alley Improvements

Section 9-45-1 - Municipal power over streets, alleys, and public grounds--Types of improvements permitted.

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 9-45-6 - Survey and plat filed on laying out or boundary change in street, alley, or public ground.

Section 9-45-7 - Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.

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 9-45-14 - Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.

Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.

Section 9-45-16 - Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.

Section 9-45-17 - Viaduct specifications determined by governing body.

Section 9-45-18 - Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.

Section 9-45-19 - Viaduct work done by municipality on failure by railroad--Costs charged against railroad.

Section 9-45-35 - Assumption by municipality of cost of repairing street previously constructed by assessment.

Section 9-45-36 - Sidewalk relocation costs shared by municipality.

Section 9-45-37 - Record of street proceedings kept by auditor or clerk.