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State of South Dakota
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SEVENTY-FOURTH
SESSION
LEGISLATIVE ASSEMBLY, 1999 |
| 376C0664 |
SENATE BILL
NO.
159
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| Introduced by: Senators Benson, Bogue, Dennert, Drake, Kleven, Kloucek, and Vitter and Representatives Cerny, Kazmerzak, and Koskan |
FOR AN ACT ENTITLED, An Act to
require railroads to build and maintain fences on newly
acquired right-of-ways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:
Whenever any railroad acquires any new right-of-way, whether by purchase, lease, easement,
or condemnation, the railroad shall forthwith construct and maintain a legal fence, as provided
in
§
42-23-4, along any boundary between the right-of-way and any adjoining land.
Section 2. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:
A railroad is liable for any damages arising from any injury that is proximately caused by the
negligent construction or maintenance of any fence provided for in section 1 of this Act unless
it is proved, by a preponderance of the evidence, that the willful or negligent act of another is the
proximate cause of the injury.
750 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.016 per page. . Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated byoverstrikes.
Legislative Research Council at a cost of $.016 per page. . Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by
