49-16A-77. Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken.Each railroad authorized to construct, operate, or maintain a road within this state, may lay out a road not exceeding one hundred feet in width, and construct it. For the purpose of cuttings and embankments and of obtaining gravel or other material, the railroad may take as much land as may be necessary for the proper construction, operation, and security of the road, and for the protection of the road from snow, and may cut down any standing trees that may be in danger of falling on the road. The railroad shall provide compensation, as provided by law, for lands taken for the use of a railroad. Source: SDC 1939, §52.0801 (4); SDCL, §49-16-9; SL 1980, ch 322, §76.
South Dakota Legal Code