2006 Session Laws Chapter 233

ENTITLED, An Act to authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. It being declared in the public interest, the South Dakota Railroad Authority, pursuant to chapter 49-16B, may acquire, by any of the means permitted in chapter 49-16B, property, real, personal, and mixed from the East Central Regional Railroad Authority, consisting of easements, rights-of-way, trackage, bridges, rail lines, and spurs, located between mileposts 160.3 at Huron, South Dakota, and milepost 145.0 at Yale, South Dakota, inclusive, and certain industrial trackage at Huron, South Dakota. The property acquired by the authority, and any improvements thereto undertaken as provided in this Act, are declared to be projects within the meaning of § 49-16B-10. Any property acquired by the authority pursuant to this Act may be acquired subject to existing mortgages on or security interests in the property.

Section 2. The authority may undertake, either directly or through a lessee or sublessee, the improvements to the portion of the property described in section 1 of this Act as the authority may deem to be necessary to cause the property to be suitable for the uses to be made of it.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.