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.
S.D. Codified Laws § 31-27-3
Filing required for establishment of crossing--Approval
Applied in 1 court decision — leading case Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co. (1976)
Most recently applied in Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co. (September 1976)
Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 113; SL 1984, ch 216, § 6.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.