ARSD Article 70:08 — RAILROAD'S EXERCISE OF EMINENT DOMAIN

TRANSPORTATION TRANSPORTATION

Chapter 70:08:01 General provisions

ARSD 70:08:01:01 Definitions

Terms used in this chapter have the same meaning as those terms defined by SDCL 49-16A-1.

History

• Source: 26 SDR 44, effective October 4, 1999.
• General Authority: SDCL 49-16A-75.1.
• Law Implemented: SDCL 49-16A-75.1.

ARSD 70:08:01:02 Application for authority to exercise eminent domain

Any railroad desiring to exercise the right of eminent domain for the acquisition of right-of way necessary for the construction or reconstruction of its road shall make application for authority to do so to the department on a form approved by the department. The truth and accuracy of the application shall be verified by the applicant.

History

• Source: 26 SDR 44, effective October 4, 1999.
• General Authority: SDCL 49-16A-75.1.
• Law Implemented: SDCL 49-16A-75.1.

ARSD 70:08:01:03 Information to be included in application

The application required by § 70:08:01:02 shall include the following:

(1) The applicant's name, state of incorporation, principal place of business, and telephone, email, and FAX numbers;

(2) The names of the corporate officers and directors;

(3) The registered agent for service of process in this state;

(4) A general description of the proposed project and its purpose in accordance with the provisions of SDCL 49-16A-75.3; and

(5) For each landowner with respect to whom the railroad may seek authority to exercise the right of eminent domain, as known at the time of the application, based on the railroad's expectations for land acquisition at that stage of the project:

(a) The landowner's name and mailing address;

(b) A description of the property presently known to be needed to complete the project both for right-of-way and for any temporary easement needed for construction purposes, including the consideration of any proposed alternative routes or potential land acquisitions that may be needed as known to date; and;

(c) A description of the efforts made by the railroad to acquire sufficient property for the project without needing to exercise the right of eminent domain.

If the applicant is required to submit the same or similar information to another state or federal agency having jurisdiction, the information required by this section may be submitted in the same format as it will be submitted to the other agency.

History

• Source: 26 SDR 44, effective October 4, 1999; 34 SDR 88, effective September 10, 2007.
• General Authority: SDCL 49-16A-75.1.
• Law Implemented: SDCL 49-16A-75.1, 49-16A-75.3.

ARSD 70:08:01:04 Procedure

Upon receipt of an application submitted pursuant to § 70:08:01:02, a hearing on the application shall be scheduled and conducted in accordance with SDCL chapter 1-26 to determine whether the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity as provided by SDCL chapter 49-16A. The hearing officer may hold such pre-hearing conferences with the parties or their attorneys as the hearing officer deems necessary or desirable to consider such matters as may aid in the disposition of the hearing. If it is determined by the Governor, or the commission, that the railroad's exercise of eminent domain would be for a public use consistent with public necessity, the application for authority shall be granted. If it is determined the exercise of eminent domain is not for a public use consistent with public necessity, the application for authority shall be denied.

History

• Source: 26 SDR 44, effective October 4, 1999; 34 SDR 88, effective September 10, 2007.
• General Authority: SDCL 49-16A-75.1.
• Law Implemented: SDCL 49-16A-75, 49-16A-75.1, 49-16A-75.3.