31-27-1
Power of Department of Transportation respecting grade crossings--Expenses
of alteration or abolition of crossing.
31-27-2
Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and
safety systems.
31-27-2.1
Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
31-27-3
Filing required for establishment of crossing--Approval.
31-27-4
Repealed.
31-27-5
Expense of eliminating crossings.
31-27-6
Expense of land appropriated for relocation of crossings.
31-27-7
Determination to eliminate crossing when no right-of-way is needed.
31-27-8 to 31-27-10.
Repealed.
31-27-11
Grading and approaches if no right-of-way needed.
31-27-12
Determination to eliminate dangerous crossing when new right-of-way is
necessary.
31-27-13, 31-27-14.
Repealed.
31-27-15
Purchase or condemnation of new right-of-way--Plats prepared by
transportation department or county highway superintendent.
31-27-16
Repealed.
31-27-17
Cost of right-of-way, grading, and approaches.
31-27-18
Minimum overhead clearance--Width of roadway--Approaches.
31-27-19
Repealed.
31-27-19.1
Cost of repair and maintenance of railroad and highway crossings
apportioned on basis of benefit.
31-27-20
Railroad right-of-way defined.
31-27-21
Railroad and highway crossing defined.
31-27-1. Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing.
The Department of Transportation may upon its own motion or upon complaint and after hearing and notice to all the parties in interest, including the owners of adjacent property and the railroad company, order any crossing now existing or hereafter constructed at grade or at the same or different levels to be relocated, altered, or abolished according to plans and specifications, terms and conditions to be prescribed by the department. The department shall determine the terms on which the separation should be made and shall allocate the expense of the alteration, or the abolition of the crossing, or the separation of the grade between the railroad companies affected or between the railroad companies and the county, municipality, or public authority at interest on the basis of the benefits received, if any, by each entity with an interest.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 111.
31-27-2. Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems.
The Department of Transportation may determine, order, and prescribe in accordance with the plans and specifications to be approved by it, the reasonable manner, including the particular point of crossing, at which the tracks or other facilities of any line of railroad may be constructed across the tracks or any other facilities of any other line of railroad, or of any street, or highway, at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad company or companies may be constructed across the track or facilities of any other railroad company, or across any public highway, street at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad company at grade or above or below grade; and may determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and protection of all such crossings, which may be constructed, including any watchman thereat, or the installation and regulation of lights, blocks, interlocking, or other systems, or devices of signaling, safety appliance devices, or such other means or instrumentalities as the department determines reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 112.
31-27-2.1. Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
The responsibility of a railroad corporation to maintain and keep in repair grade crossings as provided by law does not terminate upon the abandonment of the railroad right-of-way or a portion thereof. The responsibility continues until the highway is restored to a usable condition. The maintenance responsibility does not terminate with the disposal of the abandoned railroad right-of-way or the dissolution of the railroad corporation but passes to the transferee of the abandoned railroad right-of-way or the successors to the railroad corporation.
Source: SL 1976, ch 185; SL 2010, ch 145, § 129.
31-27-3. Filing required for establishment of crossing--Approval.
No crossings at, above, or below grade, may be established except under plans and specifications filed with the Department of Transportation. Plans and specifications for crossings do not require the approval of the department unless a controversy exists between the applicant and the railroad.
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 113; SL 1984, ch 216, § 6.
31-27-5. Expense of eliminating crossings.
The expense of eliminating railroad crossings shall be divided between the railroad company and the state or counties, as the case may be, on the basis of the benefits received by each party.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1102; SL 1980, ch 322, § 115.
31-27-6. Expense of land appropriated for relocation of crossings.
If lands are appropriated for the relocation of any state or county highway, which relocation is deemed necessary to avoid one or more railroad crossings or other dangerous places, the expenses shall be apportioned on the basis of benefits received by the railroad, if any, and the benefits received by the state or county, if any.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1102; SL 1980, ch 322, § 116.
31-27-7. Determination to eliminate crossing when no right-of-way is needed.
If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the crossing.
Source: SDC 1939, § 28.1103 (1); SL 1984, ch 216, § 1; SL 1997, ch 177, § 2.
31-27-11. Grading and approaches if no right-of-way needed.
If no right-of-way is needed for the building of a subway or overhead crossing on a state or county highway, the state or county shall do the necessary grading, approaching, and leading from the overhead or subway undercrossing.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1103 (5); SL 2010, ch 145, § 130.
31-27-12. Determination to eliminate dangerous crossing when new right-of-way is necessary.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the dangerous crossing.
Source: SDC 1939, § 28.1104 (1); SL 1984, ch 216, § 2; SL 1997, ch 177, § 6.
31-27-15. Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the necessary right-of-way shall be obtained by the Department of Transportation or the board of county commissioners either by consent of the owners of the property sought, or by condemnation, after the property is properly surveyed and plats are prepared by the Department of Transportation, or county highway superintendent.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1104 (4); SL 1984, ch 207, § 66.
31-27-17. Cost of right-of-way, grading, and approaches.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the state or county shall pay for the right-of-way and necessary grading, approaching, and leading from the overhead crossing or subway undercrossing.
Source: SL 1919, ch 333, § 62; SDC 1939, § 28.1104 (6); SL 2010, ch 145, § 131.
31-27-18. Minimum overhead clearance--Width of roadway--Approaches.
The clearance or overhead room of any subway or undercrossing may not be less than fifteen feet from top of finished grade to bottom of sills of overhead track or trusses. The width or clear roadway of the subway or undercrossing may not be less than twenty-four feet, clear roadway. The approaches to the undercrossing or overhead crossing shall be straight and under no circumstances may these crossings contain curves.
Source: SL 1919, ch 333, § 63; SDC 1939, § 28.1105; SL 2010, ch 145, § 132.
31-27-19.1. Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit.
The expense of repairing, replacing, and maintaining all "railroad and highway crossings," as defined by § 31-27-21, and all protection and safety devices shall be determined by the Department of Transportation on the basis of the proportion of benefit, if any, derived by railroad companies, and the benefit, if any, to the public authority at interest.
Source: SL 1974, ch 206; SL 1975, ch 194; SL 1980, ch 322, § 119; SL 1984, ch 207, § 67.
31-27-20. Railroad right-of-way defined.
A railroad right-of-way consists not only of that strip of land, usually one hundred feet wide, over which the main track is laid but the adjacent extra width of land as may be necessary and useful for cuts, embankments, ditches for change of location of watercourses, and other works of a railroad, appropriate and necessary for railroad purposes.
Source: SDC 1939, § 28.1106 (1) as enacted by SL 1945, ch 115; SL 2010, ch 145, § 133.
31-27-21. Railroad and highway crossing defined.
A railroad and highway crossing, usually referred to as a railroad crossing, includes all that part of a public highway or private road extending from the point where it touches the property line of the right-of-way of the railroad company on one side until it passes over and beyond the railroad company's property line or right-of-way on the opposite side of the right-of-way.
Source: SDC 1939, § 28.1106 (2) as enacted by SL 1945, ch 115; SL 2010, ch 145, § 134.
