An owner of works for the storage, carriage, or application of water to beneficial use has the right to cross any public or railroad right-of-way, subject to such reasonable conditions as may be prescribed by the board or officer having charge of the right-of-way. The owner of the works shall notify the board or officer in charge of the right-of-way in writing showing the location and character of the crossing and shall provide a plat showing the location of the proposed route across the right-of-way. The owner of the works shall bear the cost of construction of any bridge, culvert, or similar structure where it crosses the right-of-way. All bridges, culverts, or similar structures shall be constructed in accordance with pertinent provisions of law.
S.D. Codified Laws § 46-8-16
Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures
Applied in 1 court decision — leading case Bryant v. Butte County (1990)
Most recently applied in Bryant v. Butte County (June 1990)
Source: SDC 1939, § 61.0144; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0131; SL 1983, ch 314, § 148.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.