49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad.
A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right-of-way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed.
Source: SDC 1939, §52.0909; SDCL, §49-19-26; SL 1980, ch 322, §85; SL 1984, ch 216, §4.