49-16A-93. Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad.If a railroad neglects or refuses to comply with the requirements of §§49-16A-91 and 49-16A-92, the owner of the tract may construct or repair the fence along the road, and the railroad is liable to the owner for an amount not exceeding the actual cost of all materials used in the construction or repair of the fence of like construction but excluding all cost of labor, which may be recovered in a civil action. The railroad is also liable for all damages accruing by reason of its neglect or refusal. However, a railroad is not required to build fences nor be liable for any damages for refusal to build fences when the earth is frozen. Source: SDC 1939, §52.0912; SDCL, §49-20-24; SL 1969, ch 199; SL 1976, ch 294, §26; SL 1980, ch 322, §92.
South Dakota Legal Code