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2010 South Dakota Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagsd0007 and id is 1 raw text is: OFFICIAL OPINION NO. 10-01, APPLICABILITY OF ONE
CALL NOTIFICATION REQUIREMENTS TO RAILROADS
OFFICIAL OPINION NO. 10-01, APPLICABILITY OF ONE CALL NOTIFICATION
REQUIREMENTS TO RAILROADS
STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
January 5, 2010
Larry Janes
South Dakota One Call
Executive Director
5536 Double Tree Road
Rapid City, SD 57702
OFFICIAL OPINION NO. 10-01
APPLICABILITY OF ONE CALL NOTIFICATION REQUIREMENTS TO RAILROADS
Dear Mr. Janes:
You have requested an official opinion from this Office regarding the following
question:
QUESTION:
Whether SDCL 49-7A-15 exempts railroad companies with underground facilities
within a railroad crossing from the One Call system requirements of SDCL ch.
49-7A.
OPINION SUMMARY:
SDCL 49-7A-15 exempts railroad companies when the railroad has legal or fee title
to the land where its underground facilities are located.

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