Section 5-17-14 - Railway spur to Rapid City plant--Right-of-way granted--State and employeesprotected from liability.
5-17-14. Railway spur to Rapid City plant--Right-of-way granted--State and employees protected from liability. There is hereby dedicated for public use a right-of-way over and across a portion of the north half of the southwest quarter of section thirty-four, township two north, range seven east of the Black Hills meridian in Pennington County, South Dakota, as such right-of-way is described and defined in the plat thereof filed with the register of deeds of Pennington County, South Dakota, in book two of plats, at page two hundred thirty-eight, for a spur or industrial railway track. The South Dakota State Cement Plant Commission is hereby authorized to permit any person, firm, or corporation to construct a track on the right-of-way hereinbefore established, according to plans and specifications approved by such commission; provided, however, that in no event shall the cost of the construction or maintenance of said track or any part of said cost be borne directly or indirectly by the State of South Dakota; provided further, that such track when so constructed and maintained by such person, firm, or corporation shall at all times be available for the use of the general public under rules and regulations to be promulgated by the said commission; and, provided further, that the commission may grant authority to any person, firm, or corporation to connect an industrial track with said spur when in the discretion of the commission such connecting track shall in no manner be detrimental to the interests of the State of South Dakota. Any person, firm, or corporation constructing, maintaining, or using said spur track shall by its construction, maintenance, or use be deemed to have entered into an agreement to protect and save harmless the State of South Dakota, South Dakota State Cement Plant Commission, and all its agents and employees from any and all liability of every kind and character arising out of such construction, maintenance, or use.
Source: SL 1951, ch 303, §§ 1 to 3; SDC Supp 1960, § 55.3320.