CHAPTER 70:08:01
GENERAL PROVISIONS
Section
70:08:01:01 Definitions.
70:08:01:02 Application for authority to exercise eminent domain.
70:08:01:03 Information to be included in application.
70:08:01:04 Procedure.
70:08:01:01. Definitions. Terms used in this chapter have the same meaning as those terms defined by SDCL 49-16A-1.
Source: 26 SDR 44, effective October 4, 1999.
General Authority: SDCL 49-16A-75.1.
Law Implemented: SDCL 49-16A-75.1.
70:08:01:02. Application for authority to exercise eminent domain. Any railroad desiring to exercise the right of eminent domain for the acquisition of right-of way necessary for the construction or reconstruction of its road shall make application for authority to do so to the department on a form approved by the department. The truth and accuracy of the application shall be verified by the applicant.
Source: 26 SDR 44, effective October 4, 1999.
General Authority: SDCL 49-16A-75.1.
Law Implemented: SDCL 49-16A-75.1.
70:08:01:03. Information to be included in application.
The application required by § 70:08:01:02 shall include the following:
(1) The applicant's name,
state of incorporation, principal place of business, and telephone, email, and
FAX numbers;
(2) The names of the
corporate officers and directors;
(3) The registered agent
for service of process in this state;
(4) A general description
of the proposed project and its purpose in accordance with the provisions of
SDCL 49-16A-75.3; and
(5) For each landowner with
respect to whom the railroad may seek authority to exercise the right of
eminent domain, as known at the time of the application, based on the
railroad's expectations for land acquisition at that stage of the project:
(a) The landowner's
name and mailing address;
(b) A description of
the property presently known to be needed to complete the project both for
right-of-way and for any temporary easement needed for construction purposes,
including the consideration of any proposed alternative routes or potential
land acquisitions that may be needed as known to date; and;
(c) A description of
the efforts made by the railroad to acquire sufficient property for the project
without needing to exercise the right of eminent domain.
If the applicant is required to submit
the same or similar information to another state or federal agency having
jurisdiction, the information required by this section may be submitted in the
same format as it will be submitted to the other agency.
Source:
26 SDR 44, effective October 4, 1999; 34 SDR 88, effective September 10, 2007.
General
Authority: SDCL 49-16A-75.1.
Law
Implemented: SDCL 49-16A-75.1, 49-16A-75.3.
70:08:01:04. Procedure. Upon receipt of an application
submitted pursuant to § 70:08:01:02, a hearing on the application shall be
scheduled and conducted in accordance with SDCL chapter 1-26 to determine whether the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity as provided by SDCL chapter 49-16A. The hearing officer may hold such pre-hearing conferences with the parties or their attorneys as the hearing officer deems necessary or desirable to consider such matters as may aid in the disposition of the hearing. If it is determined by the Governor, or the commission, that the railroad's exercise of eminent domain would be for a public use consistent with public necessity, the application for authority shall be granted. If it is determined the exercise of eminent domain is not for a public use consistent with public necessity, the application for authority shall be denied.
Source:
26 SDR 44, effective October 4, 1999; 34 SDR 88, effective September 10, 2007.
General
Authority: SDCL 49-16A-75.1.
Law
Implemented: SDCL 49-16A-75, 49-16A-75.1, 49-16A-75.3.
