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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. FACTS: