South Dakota Code § 49-16A-55

Authorization to use public lands--Damage to occupant
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Each railroad is authorized to pass over, occupy, and enjoy all the public land, to the extent and in the manner prescribed by the act of Congress approved March 3, 1875. Any damages accruing to an occupant or possessory claimant, or other person who may reside on or have improvements upon such public land, shall be determined and paid for by the railroad the same as is provided for owners of private lands.

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