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.