Section 49-16A-81 - Right to use public way--Agreement with local authorities--Appropriation byrailroad upon failure to agree. - South Dakota Statutes

49-16A-81. Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree. If it is necessary for a road to occupy a road, street, alley, or public way, or ground of any kind, the municipal or other corporation, or public officer or public authorities owning or having charge thereof, and the railroad, may agree on the manner, terms and conditions on which the same may be used or occupied. If the parties are unable to agree and it is necessary, in the judgment of the railroad, to use or occupy such road, street, alley, or other public way or ground, the railroad may appropriate so much of the same as may be necessary for the purposes of its road, in the same manner and on the same terms as provided in this chapter for the appropriation of the property of individuals.

Source: SDC 1939, § 52.0823; SDCL, § 49-20-15; SL 1980, ch 322, § 80.