CHAPTER 232
(SB 157)
Use of eminent domain by railroad restricted.
ENTITLED, An Act to
repeal certain provisions regarding the exercise of the right of eminent
domain by a railroad and to provide for the use of railroad rights-of-way by utility companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
49-16A-75.3
be amended to read as follows:
49-16A-75.3.
A railroad's exercise of the right of eminent domain is a public use consistent
with public necessity only if the use of eminent domain
:
(1)
Has as its purpose providing railroad transportation to shippers in South Dakota, for
commodities produced, manufactured, mined, grown, used, or consumed in South
Dakota;
(2)
Is proposed by an applicant with the financial resources necessary to complete the
proposed construction or reconstruction along with any related facilities, construction,
or mitigation which are necessary to protect against harm to the public safety,
convenience, or other adverse socioeconomic or environmental impact, as evidenced
by a financing commitment from a lender or an investor or a combination of each with
adequate capitalization and resources to fulfill its commitment to build and complete
the project;
(3)
Is
is
proposed by an applicant who has negotiated in good faith to privately acquire
sufficient property without the use of eminent domain
;
(4)
Is proposed by an applicant who has filed a plat, as required by § 49-16A-64, and that
plat sets forth the route of the road to be constructed or reconstructed, identifies each
affected landowner, and specifies the location, along with construction methods and
engineering specifications for all main lines, sidings, yards, bridges, crossings, safety
devices, switches, signals, and maintenance facilities; and
(5)
Provides that electric utilities, public utilities, telecommunication companies, and rural
water systems have the right to the use of the right-of-way for the placement of
underground facilities, without fee, subject to reasonable regulation as to location and
placement
.
Section
2.
Each electric utility, public utility, gas utility, municipal utility, municipal power
agency, joint action agency, consumers power district, pipeline company, telecommunications
company, and rural water system has the right to cross over or under the railroad right-of-way for
the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and
negotiation in good faith as to location, placement, and compensation, when the placement of
facilities is outside the public right-of-way.
Signed March 7, 2006