South Dakota Code § 46A-10A-74

Construction of drainage facilities across railroads--Costs
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A railroad's reasonable estimated cost of constructing a drainage facility across a railroad right
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of
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way shall be included in damages to be awarded the railroad company at the time the drainage is established. If the company refuses or neglects to construct bridges or culverts within a period of sixty days after service of an order, the board may construct bridges or culverts at the expense of the county and is entitled to recover such construction costs from the railroad company. Any action to recover construction costs shall be taken to circuit court and prosecuted by the state's attorney of the county.

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