South Dakota Code § 49-16A-100.9

Existing agreements--Eminent domain
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Nothing in §§
49-16A-100.2
to
49-16A-100.10
, inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in §§
49-16A-100.2
to
49-16A-100.10
, inclusive, impairs the authority of a utility to secure crossing rights by easement pursuant to the exercise of the power of eminent domain.

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