Section 46A-5-10 - Construction of works across streams, watercourses, highways, and railways.
46A-5-10. Construction of works across streams, watercourses, highways, and railways. The board of directors shall have the power to construct such works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of such canal or canals may intersect or cross, in such manner as to afford security to life and property; but the board shall restore the same, when so crossed or intersected, to its former state as near as may be, or in such manner as not unnecessarily to impair its usefulness; and every company whose railroad shall be intersected or crossed by such works shall unite with the board in forming such intersections and crossings, and grant the privileges aforesaid, and if such railroad company and such board, or the owners and controllers of the property, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of the crossing, the same shall be ascertained and determined in all respects as provided in condemnation proceedings.
Source: SDC 1939, § 61.0922; SDCL, § 46-13-10.