SDCL § 46-8-16: Right to cross public or railroad right-of-way--Construction of bridges, culverts, or similar structures.
Where this section sits in the code
- TITLE 46. WATER RIGHTS
- CHAPTER 46-8. EMINENT DOMAIN
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.
Collected 2026-09-03T15:18:57Z. Source file · JSON