S.D. Codified Laws § 31-4-244 — SD Code / Title 31 / Chapter 4 / Section 31-4-244
State Highway 471 from State Highway 71 to U.S. Highway 18
Status: in_force

The state trunk highway system includes the following in Fall River County:

From a point on State Highway 71 north of Ardmore near the southeast corner of section eight, township eleven south, range four east, thence northwest via Edgemont to a point on U.S. Highway 18 in Edgemont in the southwest quarter of section thirty - six, township eight south, range two east.

Source: SL 1984, ch 209, § 117.
S.D. Codified Laws § 31-22-8 — SD Code / Title 31 / Chapter 22 / Section 31-22-8
Maintenance of right-of-way by dominant landowner
Status: in_force

Whenever such right - of - way has been laid out as provided by this chapter, the owner of such isolated tract of land shall keep and maintain such right - of - way at his or her own expense.

Source: SL 1935, ch 179, § 7; SDC 1939, § 28.0806.
S.D. Codified Laws § 31-19-25 — SD Code / Title 31 / Chapter 19 / Section 31-19-25
Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court
Status: in_force

Upon the filing of a declaration of taking pursuant to § 31-19-23 , the court shall fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. To that end, a notice shall issue to the effect that if the defendants do not appear in or respond to the proceedings within thirty days after service thereof, exclusive of the day of such service, the state or municipality shall apply to the court for an order of possession. Thereupon, by order of the court, a notice of hearing shall be issued and served as provided in § 31-19-26 , upon the recorded owners of all lands sought to be acquired or damaged, fixing a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 31-19-10.1 is filed, in which case the hearing provided herein may be held sooner. The court shall make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as may be just and equitable.

Source: SL 1963, ch 195, § 1; SL 1976, ch 184, § 5; SL 1990, ch 226, § 4.
S.D. Codified Laws § 31-1-6 — SD Code / Title 31 / Chapter 1 / Section 31-1-6
Federal aid systems--Classification
Status: in_force

For the purpose of clarifying the federal aid systems provided for in federal highway acts the following classifications are applicable in South Dakota:

(1) "National highway system including the interstate system," the highways designated by the state and federal government that are eligible for improvement with national highway system and interstate federal aid funds;

(2) "Surface transportation program," the urban and rural highways designated as arterial and collector routes not functionally classified as local or rural minor collectors, unless such roads were on a federal - aid highway system on January 1, 1991, including all highways formerly designated federal - aid secondary and federal - aid urban system by the state and federal government, and including the transportation enhancement activities as defined by section 101(a) of Title 23, United States Code as of December 18, 1991, that are eligible for improvement with surface transportation program federal aid funds.

Source: SL 1955, ch 106, § 2; SDC Supp 1960, § 28.0239; SL 1984, ch 207, § 12; SL 1993, ch 215.
S.D. Codified Laws § 31-29-71.11 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.11
Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality
Status: in_force

Any zoned commercial or industrial area adjacent to the interstate within an incorporated municipality or further than one mile from an interstate interchange is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within the incorporated municipality or within one thousand seven hundred feet of a commercial or industrial activity.

Source: SL 1986, ch 240, § 9.
S.D. Codified Laws § 31-19-60 — SD Code / Title 31 / Chapter 19 / Section 31-19-60
Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility
Status: in_force

If the Department of Transportation or any board of county commissioners determines that any lands taken by condemnation proceedings or acquired as public use easements are no longer required for use in constructing or repairing public highways, the Transportation Commission or the board shall adopt a resolution to that effect and such lands shall revert to their former owner or his assigns. The Department of Transportation may sell and dispose of any lands acquired by gift, devise, or purchase in which fee ownership was obtained and which is no longer needed for the purpose it was acquired. The land shall be sold in the same manner set forth by § 31-2-27 . However, an abutting landowner shall have the first opportunity to purchase any right - of - way to the center of the right - of - way at its appraised value. No reversion, sale, or disposition of any highway as provided in this chapter may diminish any existing right of use enjoyed by any public utility, municipally - owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.

Source: SDC 1939, § 28.1304; SL 1986, ch 238, § 2.
S.D. Codified Laws § 31-2-33 — SD Code / Title 31 / Chapter 2 / Section 31-2-33
Cooperation in research projects for road development
Status: in_force

The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any place within or without the State of South Dakota for the development of facts and criteria capable of being used in the design and construction of highways, highway surfaces, and highway structures, and for the establishment of an engineering basis for the enactment of adequate and equitable legislation governing the allowable loading and method of taxation; to provide information as to types and capacities of highway vehicles which are practicable to be used in highway transportation; to procure special information concerning engineering problems, costs of maintaining highways at different capacities, the necessity for increased taxation to cover costs of highway capacities; and to produce reliable information as to how to realize the most efficient and economical vehicle capacities consistent with optimum over all highway transportation.

Source: SL 1955, ch 105; SDC Supp 1960, § 28.0237.
S.D. Codified Laws § 31-3-45 — SD Code / Title 31 / Chapter 3 / Section 31-3-45
Rights of utilities and rural water systems unaffected
Status: in_force

No vacation, change, or relocation of any highway as provided under this chapter, nor any no maintenance designation of a highway as provided under chapter 31-12 , diminishes any existing right of use enjoyed by any utility, municipally owned utility, rural water system, or cooperative utility that provides electricity, gas, water, or telephone service.

Source: SL 1985, ch 233, § 21; SL 2018, ch 172, § 4.
S.D. Codified Laws § 31-4-6 — SD Code / Title 31 / Chapter 4 / Section 31-4-6
Change ceasing to interconnect certain municipalities prohibited
Status: in_force

No change may be made so that the state trunk highway system ceases to interconnect every county seat or to connect every first or second class municipality having a population of twenty-five hundred or more by the last federal census.

Source: SDC 1939, § 28.0210 as added by SL 1939, ch 107, § 2; SL 1957, ch 123; SL 1964, ch 94; SL 1968, ch 124; SL 2010, ch 145, § 17.
S.D. Codified Laws § 31-33-10 — SD Code / Title 31 / Chapter 33 / Section 31-33-10
Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs
Status: in_force

All construction, improvement, repair, maintenance, and marking of the arterial street system shall be under the jurisdiction and supervision of the municipality's governing body provided that said governing body may enter into agreements or contracts with the board of county commissioners or the Department of Transportation to facilitate participation in federal or state highway programs.

Source: SL 1969, ch 117, § 6.
S.D. Codified Laws § 31-14-2 — SD Code / Title 31 / Chapter 14 / Section 31-14-2
County commissioners' responsibility for bridges and culverts
Status: in_force

The duty to construct and maintain all bridges and culverts throughout the county, except upon the state trunk highway system, is hereby imposed upon the board of county commissioners, subject to conditions relating to bridges and culverts on secondary highways in townships.

Source: SL 1919, ch 333, § 29; SDC 1939, § 28.1402; SL 1955, ch 102, § 1.
S.D. Codified Laws § 31-34-6 — SD Code / Title 31 / Chapter 34 / Section 31-34-6
Township eligibility--Plan and annual report--Tax requirement
Status: in_force

A requesting township shall timely file the township small structure improvement plan, pursuant to § 31-34-7 , with the county highway superintendent and an annual report, pursuant to § 8-10-30 , in order to be eligible for the funds. Any township requesting use of rural access infrastructure moneys pursuant to this chapter shall meet at least one of the following requirements:

(1) Impose an annual property tax levy, pursuant to § 10-12-28.2 ; or

(2) Impose a tax levy opt out pursuant to § 10-13-36 .

Source: SL 2021, ch 129, § 6, eff. Mar. 25, 2021; SL 2022, ch 92, § 4; SL 2023, ch 97, § 2.
S.D. Codified Laws § 31-19-5 — SD Code / Title 31 / Chapter 19 / Section 31-19-5
Omitted defendants--Amendment of petition
Status: in_force

If any person who is a proper party defendant to such proceeding, or any property affected thereby, shall have been omitted from said petition or notice, the plaintiff may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice.

Source: SL 1939, ch 113, § 5; SDC Supp 1960, § 28.13A05.
S.D. Codified Laws § 31-13-1.5 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.5
Posting of signs on no maintenance section line
Status: in_force

The board of township supervisors shall post signs on a no maintenance section line to notify the motoring public that it is a no maintenance section line and that no travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance section line. A properly posted sign is prima facie evidence that adequate notice of a no maintenance section line has been given to the motoring public.

Source: SL 2013, ch 131, § 3; SL 2014, ch 48, § 19.
S.D. Codified Laws § 31-19-1.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-1.1
Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules
Status: in_force

The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right - of - way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a result of a highway construction project. After all displaced utility lines and facilities have been appropriately relocated, the department may allow the use of such property by additional utilities under the terms and conditions established by the department. The South Dakota Transportation Commission may provide, by rules promulgated pursuant to chapter 1-26 , for the terms and conditions for use of such property by utilities.

Source: SL 2004, ch 196, § 1.
S.D. Codified Laws § 31-9-4 — SD Code / Title 31 / Chapter 9 / Section 31-9-4
County roads used by National Forest Service--Cooperative agreement for joint construction and use
Status: in_force

The board of county commissioners may enter into cooperative agreements with the Forest Service of the United States Department of Agriculture for the joint construction, maintenance, and use of roads located within the boundaries of the county, where such roads are used by the Forest Service in the protection, administration, and utilization of the national forests and are also used by communities or persons within or adjacent to such national forests in the use and development of the resources thereof or where such roads otherwise serve the needs of the public. Costs incurred by the county pursuant to the provisions of this section shall be appropriated from the county general fund.

Source: SL 1966, ch 33, § 1; SL 1985, ch 77, § 35.
S.D. Codified Laws § 31-32-7 — SD Code / Title 31 / Chapter 32 / Section 31-32-7
Destruction, etc., of highway grade or ditch--Violation as misdemeanor
Status: in_force

No unauthorized person may injure any highway by removing, destroying, or otherwise altering the grade constructed for such highway or by filling, obstructing, or otherwise altering the ditch which drains the grade of such highway or otherwise injures such highway in any manner. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8 ; SL 1988, ch 235.
S.D. Codified Laws § 31-4-145 — SD Code / Title 31 / Chapter 4 / Section 31-4-145
State Highway 20 from Montana to Minnesota
Status: in_force

The state trunk highway system includes the following in Harding, Perkins, Ziebach, Dewey, Corson, Walworth, Potter, Faulk, Spink, Clark, Codington, and Grant counties:

(1) From a point on the Montana state line southwest of Camp Crook in section seven, township eighteen north, range one east, thence easterly via Camp Crook and Buffalo to U.S. Highway 85 near the east line of section thirty, township nineteen north, range five east;

(2) From a point on U.S. Highway 85 south of Buffalo near the southeast corner of section thirty - one, township nineteen north, range five east, thence easterly via Bison and Timber Lake to U.S. Highway 12 in the southwest quarter of section thirty - three, township nineteen north, range twenty - nine east;

(3) From a point on U.S. Highway 83 south of Selby near the northwest corner of section six, township one hundred twenty north, range seventy - six west, thence east to State Highway 47 west of Hoven near the north line of section five, township one hundred twenty north, range seventy - four west;

(4) From a point on State Highway 47 south of Hoven near the northwest corner of section twenty - one, township one hundred twenty north, range seventy - four west, thence easterly via Onaka to State Highway 45 near the northeast corner of section twenty - eight, township one hundred twenty north, range sixty - eight west;

(5) From a point on State Highway 45 northeast of Faulkton near the northwest corner of section three, township one hundred nineteen north, range sixty - eight west, thence easterly via Florence and Watertown to U.S. Highway 212 near the southeast corner of section thirty - six, township one hundred seventeen north, range fifty - three west;

(6) From a point west of Interstate Highway 29 north of Watertown near the northwest corner of section seven, township one hundred nineteen north, range fifty - one west, thence east, south and east via South Shore to the Minnesota state line east of the northeast corner of section twenty - eight, township one hundred eighteen north, range forty - seven west.

Source: SL 1984, ch 209, § 18.
S.D. Codified Laws § 31-12-8 — SD Code / Title 31 / Chapter 12 / Section 31-12-8
Survey and report by superintendent on condition of system and structures
Status: in_force

The board of county commissioners may, if it deems it expedient, direct the county highway superintendent to make or cause to be made a survey and report upon all or parts of the county highway system for the purpose of ascertaining the condition of the parts thereof and of obtaining a record of existing structures and their condition.

Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306.
S.D. Codified Laws § 31-28-11 — SD Code / Title 31 / Chapter 28 / Section 31-28-11
Markings to conform to uniform national signing standards on streets and roads constructed with federal aid
Status: in_force

On any street or road constructed with federal aid, the location, form, character of informational regulatory warning signs, curb and pavement, or other markings and traffic signals, shall conform to uniform national signing standards.

Source: SL 1945, ch 121; SDC Supp 1960, § 28.0904-1; SL 1984, ch 207, §§ 7, 71.
S.D. Codified Laws § 31-14-27 — SD Code / Title 31 / Chapter 14 / Section 31-14-27
County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county
Status: in_force

If a township board of supervisors or county highway superintendent requests the board of county commissioners to construct or replace in its entirety any bridge or the placing or replacing of any culvert with an opening of sixteen square feet or more including material upon the secondary roads within the township, the board of county commissioners may cause the work to be done and the township shall reimburse the county up to and including five hundred dollars. If the cost is in excess of five hundred dollars, the county and township may enter into an agreement as to how the cost in excess of five hundred dollars will be split between the county and the township. After the placing or replacing of any culvert as provided in this section, the culvert shall be maintained and kept clean at the expense of the township. The construction or replacing of any bridge or the placing or replacing of any culvert with an opening of less than sixteen square feet upon a secondary road within a township shall be at the total expense of the township. The bridge or culvert shall be maintained and kept clean at the expense of the township.

Source: SL 1919, ch 333, § 30; SDC 1939, § 28.1403; SL 1949, ch 111; SL 1955, ch 102, § 2; SL 1957, ch 127; SL 1974, ch 203, § 1; SL 1980, ch 210; SL 1981, ch 226; SL 2018, ch 168, § 55.
S.D. Codified Laws § 31-12A-27 — SD Code / Title 31 / Chapter 12A / Section 31-12A-27
Dissolution of road district by petition of voters--Procedure
Status: in_force

A majority of the eligible voters of a road district may petition a court of competent jurisdiction for the dissolution of the road district. Dissolution proceedings shall, to the extent applicable, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6 .

Source: SL 1977, ch 241, § 26; SL 2014, ch 46, § 16.
S.D. Codified Laws § 31-4-177 — SD Code / Title 31 / Chapter 4 / Section 31-4-177
State Highway 75 from State Highway 20 to North Dakota
Status: in_force

The state trunk highway system includes the following in Perkins County:

From a point on State Highway 20 west of Bison near the southwest corner of section ten, township eighteen north, range twelve east, thence north to the North Dakota state line near the northwest corner of section twenty - one, township twenty - three north, range twelve east.

Source: SL 1984, ch 209, § 50.
S.D. Codified Laws § 31-29-63.2 — SD Code / Title 31 / Chapter 29 / Section 31-29-63.2
Abandoned sign--Determination
Status: in_force

Any abandoned sign as defined by § 31-29-62 is unlawful and is subject to the provisions of chapter 31-29 . The twelve - month period for determining if a sign is abandoned commences upon the department's notification of violation to the sign owner.

Source: SL 1991, ch 235, § 2.
S.D. Codified Laws § 31-19-31 — SD Code / Title 31 / Chapter 19 / Section 31-19-31
Priority of proceedings to determine just compensation
Status: in_force

Court proceedings necessary to determine just compensation for property, immediate possession of which was acquired by declaration of taking by the State of South Dakota through its Department of Transportation or a municipality, may take precedence over all other cases not involving public interest in all courts.

Source: SL 1963, ch 195, § 9; SL 1990, ch 226, § 7.
S.D. Codified Laws § 31-29-73.1 — SD Code / Title 31 / Chapter 29 / Section 31-29-73.1
Highway fund used to pay for signs removed
Status: in_force

The state highway fund may be used to pay just compensation as required pursuant to § 31-29-72 for outdoor advertising signs removed pursuant to this chapter.

Source: SL 1979, ch 202, § 11; SL 1985, ch 237.
S.D. Codified Laws § 31-25-2 — SD Code / Title 31 / Chapter 25 / Section 31-25-2
Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner
Status: in_force

Upon application to the Department of Transportation, board of county commissioners, or board of township supervisors, by any person for permission to construct a cattle way across or under any public road, such highway authority maintaining the highway described in the application may in its discretion grant the application upon condition that such way shall be constructed in all particulars as directed by such department or board and shall not interfere with public travel. The grade of the road over the cattle way shall not at any point exceed one foot in ten feet. Applicant must construct and agree to keep the same in repair at his own expense.

Source: SL 1911, ch 221, § 27; RC 1919, § 8569; SDC 1939, § 28.0910.
S.D. Codified Laws § 31-26-18 — SD Code / Title 31 / Chapter 26 / Section 31-26-18
Change of route--Change by county board--Appeal--Procedure
Status: in_force

If the board of county commissioners has granted the right to any person to construct lines or bury underground cable for the transmission of electricity as provided in §§ 31-26-1 to 31-26-17 , inclusive, and if before constructing such line the applicant desires to change the route designated in the grant, the board may change the route upon application of the person constructing the same subject to the same provisions for placing poles, fixtures, guy wires, braces, and stays or underground cable, as provided by law on original construction.

Source: SDC 1939, § 28.1003; SL 1953, ch 149, § 3; SL 1953, ch 151; SL 2003, ch 159, § 9.
S.D. Codified Laws § 31-28-14 — SD Code / Title 31 / Chapter 28 / Section 31-28-14
Unauthorized signs, markers, and signals prohibited--Authorization to organization
Status: in_force

No unauthorized person may erect or maintain upon any highway, any warning or direction sign, marker, signal, or light in imitation of any official sign, marker, signal, or light erected under the provisions of this chapter. No person may erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial or political campaign advertising. Nothing in this section prohibits the erection or maintenance of any sign, marker, or signal bearing thereon the name of an organization authorized to erect the sign, marker, or signal by the department or any local authority as defined in this chapter.

Source: SL 1929, ch 251, § 60; SDC 1939, § 44.0361; SL 2010, ch 145, § 140; SL 2011, ch 137, § 1.
S.D. Codified Laws § 31-8-1 — SD Code / Title 31 / Chapter 8 / Section 31-8-1
Definition of controlled-access facility
Status: in_force

For the purposes of this chapter, a controlled - access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled - access facility or for any other reason.

Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02.
S.D. Codified Laws § 31-12A-10 — SD Code / Title 31 / Chapter 12A / Section 31-12A-10
Incorporation of district by majority vote--Exclusion of agricultural property from district by notice to county auditor--Notation on survey and map
Status: in_force

If a majority vote in favor of the incorporation, the territory is deemed a road district by the name and style specified in the order of incorporation issued by the board of county commissioners; otherwise, no further proceedings may be taken. However, any owner of land classified as agricultural property for the purposes of taxation may exclude that property from the district by notifying the county auditor in writing within sixty days after the incorporation of the district. The district shall note any alterations to the district resulting from exclusion upon the survey and map filed pursuant to this chapter.

Source: SL 1977, ch 241, § 10; SL 1998, ch 36, § 15.
S.D. Codified Laws § 31-25-7 — SD Code / Title 31 / Chapter 25 / Section 31-25-7
Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo
Status: in_force

Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty days after the decision of such governing body, appeal to the circuit court for the county wherein such governing body is situated. Such appeal shall be in writing, and signed by the person feeling aggrieved or by his attorney. Upon the serving of such appeal and the filing of the same with the clerk of the circuit court, the same may be brought on for trial de novo in said circuit court upon ten days' notice. The circuit court shall hear all relevant evidence and shall make and enter such findings, conclusions, and judgment as it deems proper.

Source: SL 1959, ch 140, § 3; SDC Supp 1960, § 28.09 10-3 .
S.D. Codified Laws § 31-13-22 — SD Code / Title 31 / Chapter 13 / Section 31-13-22
Township snow removal reserve fund--Tax levy
Status: in_force

The board of township supervisors may establish a township snow removal reserve fund by the levy of a tax up to but not exceeding sixty cents per thousand dollars of taxable valuation within the township, and which levy hereby authorized shall be in addition to all other township tax levies.

Source: SL 1953, ch 480, § 1; SDC Supp 1960, § 58.0511; SL 1989, ch 87, § 15P.
S.D. Codified Laws § 31-4-198 — SD Code / Title 31 / Chapter 4 / Section 31-4-198
State Highway 144 from Akaska to U.S. Highway 83
Status: in_force

The state trunk highway system includes the following in Walworth County:

From a point in Akaska near the northwest corner of section two, township one hundred twenty - one north, range seventy - seven west, thence east to U.S. Highway 83 south of Selby near the northeast corner of section six, township one hundred twenty - one north, range seventy - six west.

Source: SL 1984, ch 209, § 71.
S.D. Codified Laws § 31-4-14.1 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.1
Restriction or closing of highway by secretary of transportation and secretary of public safety due to inclement weather
Status: in_force

The secretary of transportation and the secretary of public safety may restrict the use of any state trunk highway if they agree the restriction of use or closing is necessary for the protection and safety of the public due to inclement weather.

Source: SL 1980, ch 208, § 1; SL 2006, ch 154, § 1.
S.D. Codified Laws § 31-12-15 — SD Code / Title 31 / Chapter 12 / Section 31-12-15
Written contract--Performance bond
Status: in_force

When any bid, as provided for in § 31-12-14 has been accepted, the board of county commissioners, county highway board, or board of township supervisors, as the case may be, shall enter into a contract with the person whose bid has been accepted. The contract shall be in writing specifying the work to be done or the materials to be furnished, or both, the time for completion, and the contract price or rate of payments. The board shall require the person receiving the contract to furnish a bond with approved sureties, and in an amount the board considers sufficient, conditioned upon the faithful performance of the contract according to the plans and specifications.

Source: SL 1919, ch 333, § 26; SDC 1939, § 28.0116; SL 1984, ch 207, § 38.
S.D. Codified Laws § 31-12-18 — SD Code / Title 31 / Chapter 12 / Section 31-12-18
Width of culverts
Status: in_force

Each culvert constructed on the county highway system shall have a width of not less than twenty-four feet.

Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306; SL 2018, ch 168, § 19.
S.D. Codified Laws § 31-4-192 — SD Code / Title 31 / Chapter 4 / Section 31-4-192
State Highway 123 from U.S. Highway 12 to State Highway 15
Status: in_force

The state trunk highway system includes the following in Grant and Roberts counties:

From U.S. Highway 12 southeast of Summit south of the northeast corner of section twenty - five, township one hundred twenty - one north, range fifty west, thence north to State Highway 15 in Wilmont near the northeast corner of section one, township one hundred twenty - two north, range fifty west.

Source: SL 1984, ch 209, § 65.
S.D. Codified Laws § 31-14-33 — SD Code / Title 31 / Chapter 14 / Section 31-14-33
Inspection of township culverts--Duty of board of supervisors
Status: in_force

The township board of supervisors shall have each culvert on the secondary highways within the township annually inspected and, if necessary, repaired.

Source: SL 1919, ch 333, § 40; SDC 1939, § 28.1415; SL 2004, ch 195, § 1.
S.D. Codified Laws § 31-4-164 — SD Code / Title 31 / Chapter 4 / Section 31-4-164
State Highway 44 from U.S. Highway 385 to Interstate Highway 29
Status: in_force

The state trunk highway system includes the following in Pennington, Jackson, Mellette, Tripp, Gregory, Charles Mix, Douglas, Hutchinson, Turner, and Lincoln counties:

(1) From a point on U.S. Highway 385 west of Rapid City near the southeast corner of section twenty - eight, township two north, range five east, thence easterly via Rapid City to Interstate Highway 190 at the intersection of West Boulevard and Omaha Street;

(2) From a point on U.S. Highway 16 at the intersection of 8th street and Omaha Street in Rapid City easterly via Rapid City and Interior to U.S. Highway 83 at White River near the northeast corner of section three, township forty - one north, range twenty - nine west;

(3) From a point on U.S. Highway 83 south of White River in the northeast quarter of section fourteen, township forty - one north, range twenty - nine west, thence easterly via Wood to U.S. Highway 183 south of Presho near the southeast corner of section twenty - six, township one hundred north, range seventy - eight west;

(4) From a point on U.S. Highway 18 in Winner near the southwest corner of section twenty - one, township ninety - nine north, range seventy - six west, thence east via Winner and Platte to U.S. Highway 281 northwest of Armour near the southeast corner of section sixteen, township ninety - nine north, range sixty - four west;

(5) From a point on U.S. Highway 281 north of Armour near the northwest corner of section nineteen, township ninety - nine north, range sixty - three west, thence easterly via Parker, and Chancellor to Interstate Highway 29.

Source: SL 1984, ch 209, § 37; SL 1994, ch 237, § 16.
S.D. Codified Laws § 31-23-3 — SD Code / Title 31 / Chapter 23 / Section 31-23-3
Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice
Status: in_force

Any person having direct contractual relationship with a subcontractor but not contractual relationship express or implied with the contractor furnishing a performance bond under § 31-23-1 shall have a right of action upon the said bond upon giving written notice to said contractor within six months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at the place he maintains his principal office or conducts his business, or his residence, or in any manner authorized by the laws of the State of South Dakota for the service of process.

Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.
S.D. Codified Laws § 31-21-3 — SD Code / Title 31 / Chapter 21 / Section 31-21-3
Filing of notice and affidavit--Service on landowner--Nonresident landowners
Status: in_force

The chairman of the township board of supervisors or board of county commissioners shall cause the notice required by § 31-21-1 , together with the affidavit, to be filed in the office of the township clerk or county auditor, and the clerk or auditor shall make true copies of such notice and deliver them to the person making the affidavit whose duty it shall be to serve the same personally upon each of the owners of the land, if residents of the county, or upon the occupants of the land, if the owners are nonresidents of the county, through which it is proposed to open such ditch.

Source: SL 1883, ch 112, § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.
S.D. Codified Laws § 31-30-11 — SD Code / Title 31 / Chapter 30 / Section 31-30-11
Agreements with United States
Status: in_force

The department may enter into agreements with the United States secretary of transportation as provided by Title 23, United States Code, relating to the control of junk yards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of any agreement.

Source: SL 1966, ch 86, § 11; SL 2010, ch 145, § 170.
S.D. Codified Laws § 31-18-2 — SD Code / Title 31 / Chapter 18 / Section 31-18-2
Width of highways--Side from which taken
Status: in_force

Every statutory section - line highway shall be sixty - six feet wide and shall be taken equally from each side of the section line, unless changed as provided in this title, but nothing herein contained shall prevent the highway authority charged with the construction, reconstruction, or repair of any public highway along a section line from purchasing or condemning right - of - way for widening the highway to more than sixty - six feet or from purchasing or condemning more right - of - way on one side of the section line than on the other, provided they deem it necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable buildings or to avoid unsuitable terrain.

Source: PolC 1877, ch 29, § 3; CL 1887, § 1191; RPolC 1903, § 1596; RC 1919, § 8521; SDC 1939, § 28.0105; SL 1953, ch 132.
S.D. Codified Laws § 31-26-22 — SD Code / Title 31 / Chapter 26 / Section 31-26-22
Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim
Status: in_force

The Transportation Commission may promulgate rules and the Department of Transportation may issue permits, to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilities over, under, or along public grounds, streets, alleys and highways under its jurisdiction in this state. Any rule promulgated pursuant to this section shall set forth application and issuance of permit criteria and installation standards necessary to preserve a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway maintenance and shall be promulgated pursuant to chapter 1-26 . Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.

Source: SL 1970, ch 166, § 1; SL 1979, ch 199, § 3; SL 1984, ch 207, § 65; SL 1987, ch 210, § 13; SL 2007, ch 261, § 3.
S.D. Codified Laws § 31-10-2 — SD Code / Title 31 / Chapter 10 / Section 31-10-2
Boundary state highway bridge and bridge defined
Status: in_force

For the purposes of §§ 31-10-2 to 31-10-11 , inclusive, the following terms mean:

(1) "Boundary state highway bridge," a highway bridge over a stream, river, or lake on the boundary line between the State of South Dakota and an adjoining state, which bridge is located or to be located on a state highway or an extension of such highway and constitutes or will constitute a connecting link between the state highway system of this state and an adjoining state;

(2) "Bridge," in addition to its ordinary meaning, the term includes the substructure, superstructure, approach spans, approach fills and roadway, right-of-way, and all other items necessary to make such structure complete and accessible to traffic.

Source: SL 1947, ch 132, § 1; SDC Supp 1960, § 28.1425; SL 2010, ch 145, § 81.
S.D. Codified Laws § 31-32-12 — SD Code / Title 31 / Chapter 32 / Section 31-32-12
Bridges over ditches and canals excepted from notice requirements
Status: in_force

Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of § 46-8-16 relating to bridges over ditches and canals.

Source: SDC 1939, § 28.0913 as added by SL 1951, ch 140; SL 2021, ch 128, § 9.
S.D. Codified Laws § 31-8-18 — SD Code / Title 31 / Chapter 8 / Section 31-8-18
Payment for trash collection required in license contract with visually impaired vendor
Status: in_force

No vending facility may be licensed pursuant to the provisions of §§ 31-8-16 , 31-29-83 , and 31-32-13 unless the contract provides that ten percent of the gross receipts from the concession be paid to the Department of Transportation to defray the cost of trash collection.

Source: SL 1984, ch 211, § 3A.
S.D. Codified Laws § 31-14-13 — SD Code / Title 31 / Chapter 14 / Section 31-14-13
Performance bond required--Filing of contract and bond
Status: in_force

At the time of entering into a contract under § 31-14-11 , the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the board of county commissioners, or a certified check in the total sum of the contract, conditioned that the contractor will fulfill his contract according to the plans and specifications and account for all moneys paid to him, and pay all bills and claims on account of supplies, materials, or labor used in connection with or consumed in carrying on of any work in connection with such contract including all demands of subcontractors, and such bond or certified check shall stand as security for the faithful performance of said contract and for the payment of all such bills, claims, and demands. Such contract and bond or certified check shall be filed in the office of the county auditor.

Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406.
S.D. Codified Laws § 31-19-40 — SD Code / Title 31 / Chapter 19 / Section 31-19-40
Procedure as cumulative
Status: in_force

Nothing in §§ 31-19-23 to 31-19-38 , inclusive, may be construed as to impair any provisions of chapter 21-35 or §§ 31-19-1 to 31-19-21 , inclusive, or §§ 9-12-1 and 9-27-1 , but the proceedings herein provided for are additional and cumulative thereto.

Source: SL 1963, ch 195, § 5; SL 1990, ch 226, § 11.
S.D. Codified Laws § 31-26-12 — SD Code / Title 31 / Chapter 26 / Section 31-26-12
Rural electrification lines throughout county--Definition of rural electrification
Status: in_force

If the applicant in the case of a transmission application, wishes to construct lines or bury underground cable for rural electrification the applicant may state that the applicant wishes to construct lines for rural electrification throughout the county, in which event the applicant need not show the point or points to which the applicant desires to transmit electricity nor the route, and if the application is granted to such applicant for rural electrification county - wide authorization may be given to such applicant but subject to the other provisions of this chapter. For the purposes of this chapter, a line or underground cable shall be deemed "for rural electrification" if it carries at least one circuit of such voltage as is practical for and customarily used in distributing electricity to farms.

Source: SDC 1939, § 28.1002 as added by SL 1951, ch 141; SL 1953, ch 149, § 2; SL 2003, ch 159, § 6.
S.D. Codified Laws § 31-20-8 — SD Code / Title 31 / Chapter 20 / Section 31-20-8
Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed
Status: in_force

Whenever the State of South Dakota or any county of said state has, before March 18, 1957, received a conveyance of a parcel of Indian allotment land for highway right - of - way purposes by an instrument purporting to convey fee title thereto the county or state, as the case may be, is hereby authorized to reconvey the fee title to the United States of America if the parcel is no longer used or needed for right - of - way purposes. However, in case any of said parcel is still needed for right - of - way purposes said reconveyance, if made, shall be made subject to an easement being reserved for right - of - way purposes in the grantor. Any such deed running to the United States shall recite that same is in trust for any Indian or tribe entitled thereto. Such conveyance shall be to enable a fee patent to be issued to Indian owner subject to the easement for right - of - way.

Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243.
S.D. Codified Laws § 31-8-13 — SD Code / Title 31 / Chapter 8 / Section 31-8-13
Power of highway authorities to enter into agreements
Status: in_force

The highway authorities of the state, counties, or municipalities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of a controlled-access facility or other public way in their respective jurisdictions to facilitate the purpose of this chapter.

Source: SL 1953, ch 155, § 8; SDC Supp 1960, § 28.09A08; SL 2010, ch 145, § 74.
S.D. Codified Laws § 31-4-222 — SD Code / Title 31 / Chapter 4 / Section 31-4-222
State Highway 251 from Nebraska to U.S. Highway 18
Status: in_force

The state trunk highway system include the following in Gregory County:

From a point on the Nebraska state line south of Gregory near the southeast corner of section thirty - five, township ninety - five north, range seventy - three west, thence north to U.S. Highway 18 near the northeast corner of section fourteen, township ninety - seven north, range seventy - three west.

Source: SL 1984, ch 209, § 95.
S.D. Codified Laws § 31-19-63.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-63.1
Transfer of right-of-way to federal government or Indian tribe
Status: in_force

In addition to the provisions of § 31-19-63 , the Department of Transportation, board of county commissioners, or township board of supervisors may convey and transfer any highway right-of-way under the department's or board's jurisdiction to the federal government or to any Indian tribe without requiring payment therefor. The conveyance shall be made only after mutual agreement between the state, county, or township and the federal government or the Indian tribe. Each conveyance and transfer shall be held by the federal government or the Indian tribe for public highway purposes.

Source: SL 2009, ch 147, § 1.
S.D. Codified Laws § 31-28-16 — SD Code / Title 31 / Chapter 28 / Section 31-28-16
Arterial highways--Right-of-way--Violation as misdemeanor
Status: in_force

The department and boards of county commissioners may designate certain state and county highways, or portions thereof, as preferential or arterial highways. The traffic upon any highway so designated shall have the right-of-way. Failure to comply with the provisions of this section is a Class 2 misdemeanor.

Source: SL 1927, ch 136, §§ 1, 3; SDC 1939, §§ 28.0902, 28.9904; SDCL § 31-28-18 ; SL 1967, ch 114; SL 2010, ch 145, § 141.
S.D. Codified Laws § 31-4-172 — SD Code / Title 31 / Chapter 4 / Section 31-4-172
State Highway 53 from south of U.S. Highway 18 to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Tripp, Mellette, and Lyman counties:

(1) From a point south of U.S. Highway 18 southwest of Winner near the southwest corner of section two, township ninety - six north, range seventy - eight west, thence north to U.S. Highway 18 near the northwest corner of section twenty - three, township ninety - nine north, range seventy - eight west;

(2) From a point on State Highway 44 east of Wood near the southwest corner of section twenty - five, township forty - one north, range twenty - six west, thence northerly to Interstate Highway 90 south of Fort Pierre in section nine, township one hundred five north, range seventy - nine west.

Source: SL 1984, ch 209, § 45; SL 1996, ch 189, § 1.
S.D. Codified Laws § 31-2-24 — SD Code / Title 31 / Chapter 2 / Section 31-2-24
Contracts for tourist publicity
Status: in_force

To the end described in § 31-2-23 , the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for the dissemination of advertising information, historical facts, statistics, and pictures that are useful and informative to the traveling public and to attract tourists to the state. The department may contract with motion picture producers and others for the taking of moving pictures or still pictures in the state and may provide for the showing of the films when taken. The department may join with other governmental departments of the state in publishing such informational or publicity matter.

Source: SDC 1939, § 28.0218 as added by SL 1953, ch 143; SL 1982, ch 218; SL 2018, ch 169, § 1.
S.D. Codified Laws § 31-12A-1.1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-1.1
Formation--Election--Qualification
Status: in_force

Notwithstanding any other provision of chapter 31-12A , an area with three or fewer landowners may be formed into a road district pursuant to this chapter. Each landowner shall be a trustee at large and no election of trustees is required.

After the district is incorporated and the number of landowners within the district is five or more, the district shall conduct an election pursuant to § 31-12A-16 to elect the board of trustees. The district shall conduct the election on the first Tuesday after the anniversary date of the formation of the district.

To serve as a trustee of a county road district that has one hundred or more eligible voters, the person shall be a resident and landowner of the district.

To serve as a trustee of a county road district with less than one hundred eligible voters, a person shall be a landowner who owns real property within the district.

Source: SL 1999, ch 150, § 2; SL 2000, ch 32, § 4; SL 2014, ch 46, § 6; SL 2021, ch 126, § 1.
S.D. Codified Laws § 31-3-20 — SD Code / Title 31 / Chapter 3 / Section 31-3-20
Municipal boundary highways--County and trunk highway systems
Status: in_force

The provisions of §§ 31-3-23 , 31-3-28 , 31-3-30 , 31-3-33 , 31-3-34 , 31-3-36 , and 31-3-37 do not apply to the highways on the boundary line of any municipality. Section 31-3-23 does not apply to any highway upon the county highway system or the trunk highway system.

Source: SDC 1939, § 28.0602; SL 1951, ch 139, § 1; SL 1985, ch 233, § 9; SL 1992, ch 60, § 2.
S.D. Codified Laws § 31-14-22 — SD Code / Title 31 / Chapter 14 / Section 31-14-22
Cost statement of county work prepared by county highway superintendent--Filing
Status: in_force

The county highway superintendent shall keep a careful and itemized account of the quantity and cost of all materials and labor used in the construction of each such bridge or piece of work authorized by § 31-14-21 . The cost statement shall be filed with the county auditor.

Source: SL 1919, ch 333, § 35; SDC 1939, § 28.1408; SL 1959, ch 138; SL 2010, ch 145, § 101; SL 2018, ch 168, § 52.
S.D. Codified Laws § 31-4-219 — SD Code / Title 31 / Chapter 4 / Section 31-4-219
State Highway 247 from U.S. Highway 12 to State Highway 10
Status: in_force

The state trunk highway system includes the following in Edmunds and McPherson counties:

From a point on U.S. Highway 12 in Roscoe near the southeast corner of section twenty - four, township one hundred twenty - three north, range seventy - one west, thence north via Roscoe to State Highway 10 near the northeast corner of section two, township one hundred twenty - six north, range seventy - one west.

Source: SL 1984, ch 209, § 92.
S.D. Codified Laws § 31-12-9 — SD Code / Title 31 / Chapter 12 / Section 31-12-9
Survey, plans, specifications, and estimates for permanent improvements
Status: in_force

Before any permanent improvement is undertaken upon the county highway system, the county highway superintendent shall, under the general direction of the board of county commissioners where deemed necessary, make or have made a survey and prepare or have prepared plans, specifications, and estimates for the improvement. Unless the county has adopted its own standards, the survey, plans, specifications, and estimates shall be prepared according to standards to be prescribed by the Transportation Commission, and shall be on the basis and with the object in view of permanent improvement, each as to bridge, culvert, tile, and road work.

Source: SL 1919, ch 333, § 20; SDC 1939, § 28.0306; SL 2018, ch 168, § 16.
S.D. Codified Laws § 31-31-2 — SD Code / Title 31 / Chapter 31 / Section 31-31-2
Weed removal on township roads--Duty of abutting landowner
Status: in_force

The owner or occupant of any land abutting or adjoining upon township roads shall cut, remove, or destroy or cause to be cut, removed, or destroyed, grass, weeds, trees, crops, and brush growing on or in the right - of - way of such roads, provided that such roads are left in such condition that any and all undergrowth thereby or thereon can be cut with a mower. A violation of this section is a petty offense.

Source: SDC 1939, §§ 62.0201, 62.0202; SL 1939, ch 295, § 1; SDCL, § 31-31-7; SL 1992, ch 204, § 1; SL 2022, ch 91, § 1.
S.D. Codified Laws § 31-28-10.3 — SD Code / Title 31 / Chapter 28 / Section 31-28-10.3
Supplemental guide signs for smaller institutions
Status: in_force

In establishing standards pursuant to § 31-28-10.1 the Transportation Commission may not restrict the availability of these supplemental guide signs to four - year degree granting institutions, nor may it establish enrollment criteria that restricts the eligibility of smaller educational institutions.

Source: SL 1979, ch 200, § 3.
S.D. Codified Laws § 31-30-12 — SD Code / Title 31 / Chapter 30 / Section 31-30-12
More restrictive regulation not affected
Status: in_force

Nothing in this chapter abrogates or affects the provisions of any lawful ordinance, regulation, or resolution, which is more restrictive than the provisions of this chapter.

Source: SL 1966, ch 86, § 10; SL 2010, ch 145, § 171.
S.D. Codified Laws § 31-4-15.1 — SD Code / Title 31 / Chapter 4 / Section 31-4-15.1
Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor
Status: in_force

No person may fish, jump, or dive from a bridge on the state trunk highway system except as provided in § 31-4-15.2 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch. 210, § 40.
S.D. Codified Laws § 31-4-204 — SD Code / Title 31 / Chapter 4 / Section 31-4-204
State Highway 203 from State Highway 258 to State Training School
Status: in_force

The state trunk highway system includes the following in Aurora County:

From a point on State Highway 258 east of Plankinton near the west line of section twenty - four, township one hundred three north, range sixty - four west, thence north to the entrance of the state training school near the northeast corner of section fourteen, township one hundred three north, range sixty - four west.

Source: SL 1984, ch 209, § 77.
S.D. Codified Laws § 31-19-7 — SD Code / Title 31 / Chapter 19 / Section 31-19-7
Summons to defendants--Contents--Time for response
Status: in_force

At any time after the filing of the petition the plaintiff may issue a summons to the defendants, which shall be entitled in the action or proceeding, and state the time and place of filing the petition, the nature of the proceeding, and contain a notice to the effect that if the defendants do not respond to said proceeding as provided in § 31-19-10.1 within thirty days from the service thereof, exclusive of the day of service, the plaintiff will apply to the court for an order to impanel a jury and ascertain the just compensation for the property proposed to be taken or damaged in such proceeding.

Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07; SL 1976, ch 184, § 3.
S.D. Codified Laws § 31-13-46 — SD Code / Title 31 / Chapter 13 / Section 31-13-46
Assessment according to special benefits--Investigation of benefits
Status: in_force

In lieu of the method of apportionment prescribed in §§ 31-13-44 and 31-13-45 , it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one - half block or three hundred feet thereof, whichever is less, according to the benefits determined by the board of supervisors to accrue to each of such lots and tracts from the construction of the improvement. In that event the board of supervisors, in preparing, considering, and hearing objections to the assessment, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement. The board of supervisors shall assess against each such lot and tract an amount, not exceeding the benefit, as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SL 1979, ch 197, § 14.
S.D. Codified Laws § 31-12A-21 — SD Code / Title 31 / Chapter 12A / Section 31-12A-21
Powers of trustees
Status: in_force

The board of trustees may:

(1) Appoint a treasurer and a clerk, an engineer, attorney, and other employees for the road district and fix their compensation. These officers shall hold their respective offices at the pleasure of the board, and be bonded for the faithful performance of their duties as may be required by the board;

(2) Sue and be sued and contract in the name of the district;

(3) Adopt a corporate seal;

(4) Construct roadways and maintain them;

(5) Borrow money, levy taxes, and special assessments, and issue bonds pursuant to § 31-12A-23 ;

(6) Establish speed and weight limits and other restrictions on roads under the road district's jurisdiction in accordance with the provisions of §§ 32-14-3 to 32-14-7 , inclusive, 32-22-47 and 32-25-9.1 .

Source: SL 1977, ch 241, § 21; SL 1982, ch 224, § 3; SL 1999, ch 151, § 2.
S.D. Codified Laws § 31-4-137 — SD Code / Title 31 / Chapter 4 / Section 31-4-137
State Highway 15 from State Highway 28 to Interstate Highway 29
Status: in_force

The state trunk highway system includes the following in Deuel, Grant, and Roberts counties:

(1) From a point on State Highway 28 west of Toronto near the southwest corner of section twenty - three, township one hundred thirteen north, range forty - nine west, thence north via Clear Lake and Altamont to U.S. Highway 212 north of Altamont near the southeast corner of section thirty - four, township one hundred seventeen north, range forty - nine west;

(2) From a point on U.S. Highway 212 south of Milbank near the southwest corner of section eighteen, township one hundred seventeen north, range forty - eight west, thence north to State Highway 20 south of Milbank near the southwest corner of section nineteen, township one hundred eighteen north, range forty - eight west;

(3) From a point on State Highway 20 south of Milbank near the southwest corner of section eighteen, township one hundred nineteen north, range forty - eight west, thence north and west via Milbank to Interstate Highway 29 near the west line of section twenty - six, township one hundred twenty - three north, range fifty - one west.

Source: SL 1984, ch 209, § 10.
S.D. Codified Laws § 31-11-1 — SD Code / Title 31 / Chapter 11 / Section 31-11-1
Employment of county highway superintendent--Salary--Tenure
Status: in_force

The board of county commissioners at its discretion may employ a county highway superintendent, the salary and expenses to be fixed and allowed by the board of county commissioners, to be paid out of the motor vehicle fund of the county. No member of the board of county commissioners shall be appointed as county highway superintendent. The tenure of office of the county highway superintendent may be terminated at any time by resolution of the board of county commissioners upon thirty days' notice, but unless so terminated, the tenure of office shall be for two years.

Source: SL 1919, ch 333, § 15; SL 1920 (SS), ch 89; SL 1921, ch 388; SL 1927, ch 138; SL 1933, ch 119; SDC 1939, § 28.0304; SL 1951, ch 137.
S.D. Codified Laws § 31-3-19 — SD Code / Title 31 / Chapter 3 / Section 31-3-19
County location proceedings--Highways to which applicable
Status: in_force

The provisions of §§ 31-3-23 to 31-3-37 , inclusive, apply to all public highways by whatever authority located within any organized county that are not within the limits of any municipality. However, no portion of the state trunk highway system or county highway systems may be vacated, changed, or located except with the approval of and in accordance with an order made by the Department of Transportation.

Source: SDC 1939, § 28.0601; SL 1992, ch 60, § 2; SL 2021, ch 128, § 1.
S.D. Codified Laws § 31-19-20 — SD Code / Title 31 / Chapter 19 / Section 31-19-20
Purchase or condemnation of land outside right-of-way--Payment--Procedure
Status: in_force

Whenever any land or material, dirt, sand, or gravel is required for the construction, reconstruction, maintaining, or repairing of any portion of the state trunk highway, or for the relocating of utility facilities, and if the land or material, dirt, sand, or gravel lies outside the right - of - way of the highway or adjacent borrow pits, the state shall purchase or condemn the land or material, dirt, sand, or gravel and pay for the same out of the state highway fund. The land or material, dirt, sand, or gravel may be acquired either by purchase or condemnation and any cost or expense of purchase or condemnation shall be paid for in the same manner as material, dirt, sand, or gravel or land is paid for. In case of condemnation, the proceedings provided for condemnation in §§ 31-19-1 to 31-19-19 , inclusive, or the provisions of chapter 21-35 are applicable and either proceeding may be used.

Source: SL 1941, ch 136, § 1; SDC Supp 1960, § 28.13A14; SL 2004, ch 196, § 6.
S.D. Codified Laws § 31-4-154 — SD Code / Title 31 / Chapter 4 / Section 31-4-154
State Highway 30 from west of Interstate Highway 29 to Minnesota
Status: in_force

The state trunk highway system includes the following in Brookings county:

From a point west of Interstate Highway 29 near the southwest corner of section twelve, township one hundred eleven north, range fifty west, thence easterly to the Minnesota state line near the south quarter corner of section three, township one hundred eleven north, range forty - seven west.

Source: SL 1984, ch 209, § 27.
S.D. Codified Laws § 31-28-21 — SD Code / Title 31 / Chapter 28 / Section 31-28-21
Signs on private property
Status: in_force

The provisions of § 31-28-19 and 31-28-20 do not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

Source: SL 1963, ch 274, § 4 (3); SL 2010, ch 145, § 145.
S.D. Codified Laws § 31-29-72 — SD Code / Title 31 / Chapter 29 / Section 31-29-72
Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid
Status: in_force

The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§ 31-29-61 to 31-29-83 , inclusive, which and insofar as their removal is required by such sections, for all signs, displays, and devices lawfully erected and maintained in this state. Any such removal, by whomever effected, is a taking and appropriation by this state subject to just compensation. Just compensation, in all ways equitably computed and including severance damage, shall be paid, for each such taking and appropriation. Despite any contrary provision in §§ 31-29-61 to 31-29-83 , inclusive, or otherwise in law, no outdoor advertising may be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately available to the state with which to pay the just compensation required under this section, and unless at such time the federal funds required to be contributed to this state under 23 U.S.C. § 131 have also been appropriated and are immediately available to this state. No such sign, display, or device may be removed until just compensation has been fully paid.

Source: SL 1977, ch 246, § 10; SL 1985, ch 236, § 1.
S.D. Codified Laws § 31-29-71.4 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.4
Certain signs exempt from permit requirement
Status: in_force

Any sign, display, or device lawfully erected and maintained pursuant to the provisions of this chapter and included in the exceptions defined in subdivision 31-29-63(1), (2), (3), (6), (7), (8), (9), or (10) is exempt from the requirements of § 31-29-71 .

Source: SL 1986, ch 240, § 2.
S.D. Codified Laws § 31-14-20 — SD Code / Title 31 / Chapter 14 / Section 31-14-20
Bridge construction and repairs by county work authorized
Status: in_force

Any county of this state may build its own bridges, abutments, approaches, and foundations, and make repairs to same by day labor without advertising for bids on any such piece of work.

Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2.
S.D. Codified Laws § 31-23-4 — SD Code / Title 31 / Chapter 23 / Section 31-23-4
Title of suit--Venue--Limitations--Costs and expenses
Status: in_force

Every suit instituted under this chapter shall be brought in the name of the State of South Dakota for the use of the person suing, in the circuit court of the State of South Dakota within the circuit in which the contract was to be performed, and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The State of South Dakota shall not be liable for the payment of any costs or expenses of any such suit.

Source: SL 1941, ch 135, § 3; SDC Supp 1960, § 28.1603.
S.D. Codified Laws § 31-33-1 — SD Code / Title 31 / Chapter 33 / Section 31-33-1
"Arterial street" defined
Status: in_force

For the purposes of this chapter unless the context otherwise requires, the term, arterial street, shall mean any street or highway designated by local authorities to serve primarily through traffic on continuous routes and major connecting streets or highways thereto within their respective jurisdictions.

Source: SL 1969, ch 117, § 1.
S.D. Codified Laws § 31-29-71.2 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.2
Duration of permit--Renewal--Fee in lieu of property tax
Status: in_force

A permit obtained pursuant to § 31-29-71 shall be issued for one year with an effective date from October first through September thirtieth of the following year and shall be renewed annually upon the payment of the fee specified in § 31-29-71.1 without the necessity of a new application. The fees charged are in lieu of all property taxes.

Source: SL 1985, ch 236, § 4; SL 1986, ch 27, § 11.
S.D. Codified Laws § 31-7-18 — SD Code / Title 31 / Chapter 7 / Section 31-7-18
Additional fine for unlawful camping--Cost of repairs
Status: in_force

Any person violating the provisions of § 31-7-15 , in addition to the penalty provided by § 22-6-7 , may be fined an amount as determined by the court which may be necessary to reimburse the department for the expense of repairing any damage to such rest area resulting from such violation.

Source: SL 1973, ch 193, § 3; SL 2010, ch 145, § 63.
S.D. Codified Laws § 31-4-245 — SD Code / Title 31 / Chapter 4 / Section 31-4-245
State Highway 473 from U.S. Highway 14 Alternate to Stewart Slope Road
Status: in_force

The state trunk highway system includes the following in Lawrence County:

From a point on U.S. Highway 14 Alternate southwest of Lead in section five, township four north, range three east, thence northwesterly three and one - tenth miles to the intersection of Stewart Slope Road near the northeast corner of section two, township four north, range two east.

Source: SL 1984, ch 209, § 118; SL 2000, ch 139, § 1.
S.D. Codified Laws § 31-19-1.2 — SD Code / Title 31 / Chapter 19 / Section 31-19-1.2
Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate
Status: in_force

No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to § 31-19-1.1 .

Source: SL 2004, ch 196, § 2.
S.D. Codified Laws § 31-1-5 — SD Code / Title 31 / Chapter 1 / Section 31-1-5
Administrative systems of highways--Classification
Status: in_force

For the purpose of clarifying the duties and powers of the various governmental state agencies charged with the administration of the highways in South Dakota, the following definitions of highway systems shall be applicable:

(1) "State trunk system," the highways designated by statute to be controlled and supervised by the Department of Transportation;

(2) "County highway system," the highways designated by the board of county commissioners in organized counties under the supervision of these bodies that have been approved by the Department of Transportation;

(3) "Township highways," the secondary highways in organized townships that are administered by a board of township supervisors;

(4) "County secondary highways," the rural local highways in organized counties, excluding the approved county highway system, that are under the supervision of a board of county commissioners.

Source: SL 1955, ch 106, § 1; SDC Supp 1960, § 28.0238.
S.D. Codified Laws § 31-19-17 — SD Code / Title 31 / Chapter 19 / Section 31-19-17
Benefits to defendant as affecting compensation
Status: in_force

In all cases of taking or damaging property, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.

Source: SL 1939, ch 113, § 9; SDC Supp 1960, § 28.13A09.
S.D. Codified Laws § 31-4-184 — SD Code / Title 31 / Chapter 4 / Section 31-4-184
Interstate Highway 90 from Wyoming to Minnesota
Status: in_force

The state trunk highway system includes the following in Lawrence, Meade, Pennington, Jackson, Jones, Lyman, Brule, Aurora, Davison, Hanson, McCook, and Minnehaha counties:

From a point on the Wyoming state line west of Spearfish south of the northwest corner of section thirty, township seven north, range one east, thence easterly via Spearfish, Sturgis, Rapid City, Wall, Kadoka, Oacoma, Kimball, Mitchell, and Sioux Falls to the Minnesota state line east of Sioux Falls near the east quarter corner of section twenty - seven, township one hundred two north, range forty - seven west.

Source: SL 1984, ch 209, § 57.
S.D. Codified Laws § 31-19-16 — SD Code / Title 31 / Chapter 19 / Section 31-19-16
Compensation ascertained by jury--Separate verdicts for separate tracts
Status: in_force

If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged.

Source: SL 1939, ch 113, § 9; SDC Supp 1960, § 28.13A09.
S.D. Codified Laws § 31-19-36 — SD Code / Title 31 / Chapter 19 / Section 31-19-36
Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title
Status: in_force

In any case in which the State of South Dakota or a municipality has taken possession of any real property during the course of condemnation proceedings and in advance of final judgment therein, and the State of South Dakota or the municipality has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing, moving, or selling existing structures on said land and in erecting public improvements or public works thereon; provided, that in the opinion of the attorney general or in the case of a municipality, the municipality's attorney, the title has been vested in the State of South Dakota or the municipality.

Source: SL 1963, ch 195, § 6; SL 1990, ch 226, § 8.
S.D. Codified Laws § 31-20-6 — SD Code / Title 31 / Chapter 20 / Section 31-20-6
Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata
Status: in_force

In case the county sells right - of - way to the state pursuant to § 31-20-5 any consideration received therefor shall be distributed as follows:

The county auditor shall ascertain the amount that would have been required to redeem said parcel from the tax sale under § 10-24-5 if said tax certificate had been redeemed.

If the sale price received from said sale shall equal or exceed the amount required to redeem said parcel from said sale the auditor shall pay to various taxing districts their share of said money in no case exceeding the sum they would have received if same had been redeemed and the balance of the consideration, if any, shall be paid into the county general fund.

If the sale price received for said parcel shall be less than the amount required to redeem the amount received shall be divided among the taxing districts pro rata as their interests may appear.

Source: SL 1943, ch 40, § 2; SDC Supp 1960, § 12.3406; SL 2021, ch 43, § 23.
S.D. Codified Laws § 31-10-1 — SD Code / Title 31 / Chapter 10 / Section 31-10-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;

(2) "Culvert," any structure not classified as a bridge which provides an opening under any roadway;

(3) "Department," the Department of Transportation.

Source: SL 1953, ch 153; SDC Supp 1960, § 28.1441; SL 2010, ch 145, § 80.
S.D. Codified Laws § 31-4-190 — SD Code / Title 31 / Chapter 4 / Section 31-4-190
State Highway 109 from U.S. Highway 12 to State Highway 15
Status: in_force

The state trunk highway system includes the following in Grant and Roberts counties:

From a point on U.S. Highway 12 in Big Stone City in the northwest quarter of section seventeen, township one hundred twenty - one north, range forty - six west, thence northwest to State Highway 15 east of Hartford Beach near the northwest corner of section twelve, township one hundred twenty - two north, range forty - eight west.

Source: SL 1984, ch 209, § 63.
S.D. Codified Laws § 31-10-9 — SD Code / Title 31 / Chapter 10 / Section 31-10-9
Agreement for purchase or construction--Payments--Interest
Status: in_force

Any agreement entered into under §§ 31-10-2 to 31-10-11 , inclusive, by the department, for the purchase or construction of any bridge, may provide for one or more annual payments, but not exceeding ten. A reasonable rate of interest may be paid on deferred installments to be paid under any agreement.

Source: SL 1947, ch 132, § 6; SDC Supp 1960, § 28.1430; SL 2010, ch 145, § 86.
S.D. Codified Laws § 31-12A-5.1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-5.1
Territory within subdivision jurisdiction of municipality--Requirement for approval of petition
Status: in_force

If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county board of commissioners.

Source: SL 1982, ch 224, § 7A; SL 2021, ch 127, § 1.
S.D. Codified Laws § 31-19-10 — SD Code / Title 31 / Chapter 19 / Section 31-19-10
Personal service on nonresident defendant
Status: in_force

Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant.

Source: SL 1939, ch 113, § 7; SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
S.D. Codified Laws § 31-26-17 — SD Code / Title 31 / Chapter 26 / Section 31-26-17
Appeal by aggrieved parties--Trial de novo--Appeal during vacation
Status: in_force

Any interested party feeling aggrieved by the decision of the board of county commissioners on the matter of an application under § 31-26-1 , shall have the right of appeal to the circuit court as from other decisions from such board, and on such appeal the circuit court shall hear and determine the matter de novo. The hearing of such appeal may be brought on either in vacation or term time upon ten days' notice to the applicant or appellant.

Source: SL 1913, ch 369, § 2; RC 1919, § 8592; SL 1919, ch 221; SDC 1939, § 28.1002; SL 1951, ch 141; SL 1953, ch 149, § 2.
S.D. Codified Laws § 31-12A-19 — SD Code / Title 31 / Chapter 12A / Section 31-12A-19
Rules and regulations of trustees--Meetings--Quorum
Status: in_force

The board of trustees shall adopt such rules and regulations for the conduct of the business of said board, and shall fix a stated time at which the regular meetings of said board shall be held. A majority of the board of trustees shall constitute a quorum but a smaller number may adjourn from day to day. A concurrence of the majority shall be necessary to any action of such board.

Source: SL 1977, ch 241, § 19.
S.D. Codified Laws § 31-33-8 — SD Code / Title 31 / Chapter 33 / Section 31-33-8
Additions--Total mileage limitation and recording requirements applicable
Status: in_force

Additions to the system may be made by action of the local governing agency provided the twenty - five percent limitation is not violated and that an updated map and description accompany the request to the Department of Transportation for recording.

Source: SL 1969, ch 117, § 5 (1).
S.D. Codified Laws § 31-4-167 — SD Code / Title 31 / Chapter 4 / Section 31-4-167
State Highway 47 from Nebraska to North Dakota
Status: in_force

The state trunk highway system includes the following in Gregory, Lyman, Buffalo, Hyde, Faulk, Potter, Walworth, Edmunds, and McPherson counties:

(1) From a point on the Nebraska state line south of Burke near the southwest corner of section thirty - one, township ninety - five north, range seventy - one west, thence north to U.S. Highway 18 in the northwest quarter of section thirty - one, township ninety - seven north, range seventy - one west;

(2) From a point on U.S. Highway 18 at Gregory near the southwest corner of section twelve, township ninety - seven north, range seventy - three west, thence northerly to Interstate Highway 90, thence northwesterly to Reliance, thence northeasterly to State Highway 34 near the south quarter corner of section eleven, township one hundred seven north, range seventy - two west;

(3) From a point on State Highway 34 south of Highmore north of the southeast corner of section eleven, township one hundred nine north, range seventy - two west, thence north via Highmore to U.S. Highway 212 west of Faulkton near the northeast corner of section twelve, township one hundred eighteen north, range seventy - two west;

(4) From a point on U.S. Highway 212 south of Lebanon near the southwest corner of section four, township one hundred eighteen north, range seventy - four west, thence north via Lebanon and Hoven to U.S. Highway 12 west of Bowdle near the northeast corner of section twenty - nine, township one hundred twenty - three north, range seventy - four west;

(5) From a point on U.S. Highway 12 at Bowdle south of the northwest corner of section twenty - seven, township one hundred twenty - three north, range seventy - three west, thence northerly to State Highway 10 west of Eureka near the northeast corner of section three, township one hundred twenty - six north, range seventy - three west;

(6) From a point on State Highway 10 in Eureka near the southwest corner of section thirty - six, township one hundred twenty - seven north, range seventy - three west, thence north via Eureka to the North Dakota state line near the northeast corner of section two, township one hundred twenty - eight north, range seventy - three west.

Source: SL 1984, ch 209, § 40; SL 1991, ch 231, § 3.
S.D. Codified Laws § 31-11-6 — SD Code / Title 31 / Chapter 11 / Section 31-11-6
Cost records maintained by superintendent--Destruction
Status: in_force

The county highway superintendent shall keep a detailed record of the cost of any work on any section of the highway, bridge, tile, or culvert construction, repair work, or materials therefor done under his supervision by the county, by day labor and shall immediately upon the completion of each piece of work file the record with the county auditor, showing in detail the cost of all labor, materials, repairs, repair materials, hauling, inspection costs, and a proper proportion of the yearly equipment depreciation and repair charges for the county road building equipment, rental of machinery and every other item of cost. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1927, ch 138; SL 1933, ch 119; SDC 1939, § 28.0304; SL 1951, ch 137; SL 1981, ch 45, § 19.
S.D. Codified Laws § 31-13-18 — SD Code / Title 31 / Chapter 13 / Section 31-13-18
Affidavit of township failure to maintain mail route--Service of affidavit and notice on township
Status: in_force

Whenever it shall appear by an affidavit filed by a patron of the mail route with the county auditor that a certain described secondary road in any township of the county is regularly used as part of a United States mail route, and is, in certain designated places, in urgent need of repairs to put such road in reasonably suitable condition for travel, or is, in certain designated places, likely to be made impassable by reason of the weeds along such highway not being cut, as provided by law, so as to prevent the forming of snowdrifts, or is in other respects not being suitably maintained as provided by law, and that the board of supervisors of the proper township has been notified of the condition complained of and has refused or neglected to attend thereto, it shall be the duty of the county auditor to cause copies of such affidavit to be served upon the clerk of the proper township and upon the chairman of the board of supervisors thereof, together with a notice that unless the repairs or maintenance referred to in the affidavit are attended to forthwith by such board and a certificate that the same has been done delivered to the county auditor, that such repairs or maintenance will be executed by the county at the expense of the township as in this chapter provided. Such copy and notice may be served by registered or certified mail.

Source: SL 1929, ch 154, § 1; SDC 1939, § 28.0407.
S.D. Codified Laws § 31-4-201 — SD Code / Title 31 / Chapter 4 / Section 31-4-201
State Highway 168 from U.S. Highway 85 to State Highway 79
Status: in_force

The state trunk highway system includes the following in Butte County:

From a point on U.S. Highway 85 south of Buffalo in the northeast quarter of section seven, township twelve north, range five east, thence southeast to State Highway 79 near the southeast corner of section thirty, township twelve north, range six east.

Source: SL 1984, ch 209, § 74.
S.D. Codified Laws § 31-13-19 — SD Code / Title 31 / Chapter 13 / Section 31-13-19
County maintenance and repair of mail route or failure by township
Status: in_force

If the fact of the execution of the repairs or maintenance referred to in § 31-13-18 be not certified to the county auditor within a reasonable time, or if the county auditor be satisfied that such repairs or maintenance have not been or will not be attended to by the township board within such time, he shall immediately refer the matter to the county highway superintendent who shall personally examine the road and investigate the facts stated in the affidavit and if he finds the statements in such affidavit to be true and that the condition complained of still exists, he shall cause the necessary repairs and maintenance to be made at once and may purchase material and employ day labor therefor, or may contract the work necessary to put such road in a reasonable state of repair and maintenance.

Source: SL 1929, ch 154, § 2; SDC 1939, § 28.0407; SL 1955, ch 100.
S.D. Codified Laws § 31-19-12 — SD Code / Title 31 / Chapter 19 / Section 31-19-12
Hearing at special term--Rights of defendants--Rules of civil procedure applicable
Status: in_force

At the time and place specified in the order, a special term of the court shall be held, at which the proceedings in impaneling the jury, trial, and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall have the same rights and privileges, upon such trial, to challenge jurors and examine and cross - examine witnesses and participate therein, by himself or attorney, as a defendant in a civil action who has appeared and answered.

Source: SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
S.D. Codified Laws § 31-4-193 — SD Code / Title 31 / Chapter 4 / Section 31-4-193
State Highway 127 from State Highway 10 to North Dakota
Status: in_force

The state trunk highway system includes the following in Roberts County:

From State Highway 10 east of Sisseton near the southwest corner of section twenty - six, township one hundred twenty - six north, range fifty - one west, thence north, east and north via Rosholt to the North Dakota state line near the northeast corner of section six, township one hundred twenty - eight north, range forty - seven west.

Source: SL 1984, ch 209, § 66.
S.D. Codified Laws § 31-25-9 — SD Code / Title 31 / Chapter 25 / Section 31-25-9
Livestock guards constructed prior to enactment of statute
Status: in_force

Sections 31-25-4 to 31-25-8 , inclusive, shall not apply to livestock guards which had been constructed and maintained and were in existence on February 20, 1959.

Source: SL 1959, ch 140, § 4; SDC Supp 1960, § 28.09 10-4 .
S.D. Codified Laws § 31-5-24 — SD Code / Title 31 / Chapter 5 / Section 31-5-24
Written agreements required for joint use of maintenance facilities
Status: in_force

Written agreements as provided in § 1-24-3 , between the Department of Transportation and the local governing bodies shall be executed before joint use is initiated, and shall specify the joint use areas and how the costs are to be shared.

Source: SL 1981, ch 224, § 2.
S.D. Codified Laws § 31-28-23 — SD Code / Title 31 / Chapter 28 / Section 31-28-23
Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs
Status: in_force

No person may, without lawful authority, attempt or actually alter, deface, injure, knock down, remove, or in any manner molest or interfere with any official highway marker, sign, guide board, traffic-control device, interstate highway gate, or any railroad sign or signal, barrier, warning device, or sign erected in connection with highway maintenance or construction activities. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices.

Source: SL 1963, ch 274, §§ 5, 6; SDCL, § 31-28-24 ; SL 1984, ch 207, § 73; SL 1996, ch 188, § 3; SL 2001, ch 160, § 1; SL 2006, ch 130, § 12.
S.D. Codified Laws § 31-2-23 — SD Code / Title 31 / Chapter 2 / Section 31-2-23
Dissemination of highway information--Tourism publications
Status: in_force

For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamphlets, bulletins, and documents it deems necessary and expedient for informational and publicity purposes concerning the highways of the state, to support area travel shows intended to provide a balanced promotion of all areas of and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other items or matters of interest and value to the general public and road users; and the department may make or cause to be made from time to time a map or maps showing thereon the highways of the state and the municipalities, and other places of interest served and reached by said highways, and may cause to be printed, published, and prepared in a manner or form the department deems best, all of such information and data and provide for the distribution and dissemination of the same in such manner and method that will best serve the motoring public and road users.

Source: SDC 1939, § 28.0218; SL 1953, ch 143; SL 1971, ch 173; SL 1982, ch 17, § 49; SL 1992, ch 60, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 59; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011.
S.D. Codified Laws § 31-13-3 — SD Code / Title 31 / Chapter 13 / Section 31-13-3
Hiring of help authorized
Status: in_force

The township supervisors may hire such help as may be necessary by the hour at such rates as may be agreed upon by the township board of supervisors.

Source: SL 1911, ch 221, § 4; SL 1913, ch 232, § 2; SL 1917, ch 369, § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146, § 2.
S.D. Codified Laws § 31-27-7 — SD Code / Title 31 / Chapter 27 / Section 31-27-7
Determination to eliminate crossing when no right-of-way is needed
Status: in_force

If no right - of - way is needed for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the crossing.

Source: SDC 1939, § 28.1103 (1); SL 1984, ch 216, § 1; SL 1997, ch 177, § 2.
S.D. Codified Laws § 31-5-8.1 — SD Code / Title 31 / Chapter 5 / Section 31-5-8.1
Expenditures for roads in state parks and recreation areas
Status: in_force

To facilitate the use of areas with scenic, historical, and recreational values by our citizens and visitors to the state, the Transportation Commission may expend funds for roads in state parks and recreational areas under the jurisdiction of the Department of Game, Fish and Parks or for access roads in and to Missouri River recreational areas where the Department of Game, Fish and Parks and the United States Army Corps of Engineers have agreements for the administration thereof.

The Department of Transportation shall administer this section in the same manner as other construction programs under its jurisdiction.

Source: SL 1972, ch 172; SL 1976, ch 182, § 1; SL 1977, ch 237, § 2; SL 1977, ch 238, § 2; SL 1979, ch 195; SL 1981, ch 223, § 1; SL 1982, ch 221, § 1; SL 1982, ch 222; SL 1983, ch 225, § 59; SL 1984, ch 209, § 122.
S.D. Codified Laws § 31-10-12 — SD Code / Title 31 / Chapter 10 / Section 31-10-12
Toll bridges--Acceptance of title by state--Conditions
Status: in_force

The State of South Dakota, by and through the department, may accept title to and responsibility for the repair, maintenance, and ownership of that portion of any existing toll bridge situated within the boundaries of the State of South Dakota, if:

(1) That portion of the bridge is offered to this state by its owners free of existing bonded indebtedness and current costs of operation; and

(2) Any adjoining state in which the remainder of the bridge is situated signifies its intention, by and through its proper governmental instrumentality, having control and supervision over state bridges, of accepting title to and responsibility for the repair, maintenance, and ownership of the portion of the bridge situated in the adjoining state.

Source: SL 1953, ch 320, § 1; SDC Supp 1960, § 28.1442; SL 2010, ch 145, § 89.
S.D. Codified Laws § 31-8-14 — SD Code / Title 31 / Chapter 8 / Section 31-8-14
Local service roads
Status: in_force

In connection with the development of any controlled-access facility the state, county, or municipal highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street, and exercise jurisdiction over service roads in the same manner as is authorized over any controlled-access facility under the terms of this chapter, if, in their opinion, the local service roads and streets are necessary or desirable. The local service road or street shall be of appropriate design, and they shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.

Source: SL 1953, ch 155, § 9; SDC Supp 1960, § 28.09A09; SL 2010, ch 145, § 75.
S.D. Codified Laws § 31-7-3 — SD Code / Title 31 / Chapter 7 / Section 31-7-3
Cooperation with federal highway administration in location and construction of interstate highways
Status: in_force

The department, in cooperation with the Federal Highway Administration of the United States Department of Transportation, or other agencies of the United States government, may locate and construct the South Dakota sections of the National System of Interstate Highways according to American Association of State Highway and Transportation Officials Standards peculiar to that system and shall operate and maintain the highways as toll-free facilities.

Source: SL 1955, ch 104, § 1; SDC Supp 1960, § 28.0231; SL 1984, ch 207, § 6; SL 2010, ch 145, § 50.
S.D. Codified Laws § 31-27-12 — SD Code / Title 31 / Chapter 27 / Section 31-27-12
Determination to eliminate dangerous crossing when new right-of-way is necessary
Status: in_force

If a new right - of - way is necessary for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the dangerous crossing.

Source: SDC 1939, § 28.1104 (1); SL 1984, ch 216, § 2; SL 1997, ch 177, § 6.
S.D. Codified Laws § 31-28-12 — SD Code / Title 31 / Chapter 28 / Section 31-28-12
Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings
Status: in_force

Each board of county commissioners shall erect and maintain substantial guideposts at convenient intervals along all public highways under its jurisdiction not within the boundaries of any municipality, which guideposts shall show in plain letters thereon the directions and distances to the next municipality on either side of the point where such guidepost is located. The cost of erecting such guideposts shall be paid from the county general fund.

Source: SL 1913, ch 230; RC 1919, § 5902; SDC 1939, § 12.2901; SL 1980, ch 211, § 1.
S.D. Codified Laws § 31-4-169 — SD Code / Title 31 / Chapter 4 / Section 31-4-169
State Highway 49 from U.S. Highway 18 to State Highway 47
Status: in_force

The state trunk highway system includes the following in Tripp and Lyman counties:

From a point on U.S. Highway 18 at Colome north of the southeast corner of section thirty - three, township ninety - eight north, range seventy - five west, thence northerly to State Highway 47 south of Reliance in the southeast quarter of section fifteen, township one hundred three north, range seventy - three west.

Source: SL 1984, ch 209, § 42; SL 1986, ch 236, § 1.
S.D. Codified Laws § 31-14-17 — SD Code / Title 31 / Chapter 14 / Section 31-14-17
Supervision of construction by county highway superintendent--Appointment and compensation of inspector
Status: in_force

The county highway superintendent shall have supervision of construction of any and all bridges built by the county and he shall have the power to appoint an inspector for any such bridge or piece of work at any time when in his judgment constant inspection of the same is necessary. The compensation of such inspector shall be paid out of the county road and bridge fund and be charged as part of the cost of the particular bridge in question.

Source: SL 1919, ch 333, § 34; SDC 1939, § 28.1407.
S.D. Codified Laws § 31-13-21 — SD Code / Title 31 / Chapter 13 / Section 31-13-21
Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment
Status: in_force

When a warrant as provided in § 31-13-20 is presented and there are insufficient funds in the county treasury to pay it, the county treasurer shall register the warrant and endorse the date of registration on the back thereof and shall pay it, with interest to be negotiated by the parties, out of the first money belonging to such township which thereafter comes into the treasury. Previously registered warrants, if any, shall be paid first in the order of their registration. Call for payment shall be made by mail addressed to the payee named in the warrant at the address left with the county treasurer, or to any assignee who may have left his address with the county treasurer.

Source: SL 1929, ch 154, § 3; SDC 1939, § 28.0407; SL 1983, ch 28, § 41.
S.D. Codified Laws § 31-4-14.4 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.4
Restriction of use of state trunk highways through highway work zones
Status: in_force

The secretary of the Department of Transportation, after consultation with the secretary of the Department of Public Safety, may restrict the use of any state trunk highway through a highway work zone by any vehicle or class of vehicle, if the restriction is necessary for the protection and safety of highway workers and the traveling public. Notice to the public of the restriction shall be given as provided in § 31-4-14.2 . Any person who fails to observe any sign, marker, warning, notice or direction, or barrier erected pursuant to this section shall be given a warning by the highway patrol or local law enforcement officer. The warning shall direct the person driving the vehicle how to proceed out of and around the highway work zone. Any person who fails to comply with the warning is guilty of a Class 2 misdemeanor. No other penalty may be assessed for a violation of this section.

Source: SL 1996, ch 188, § 1; SL 2004, ch 17, § 37.
S.D. Codified Laws § 31-2-14.3 — SD Code / Title 31 / Chapter 2 / Section 31-2-14.3
Annual appropriation to Department of Revenue--Distribution
Status: in_force

There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to § 41-6-70 . The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year.

Source: SL 1999, ch 59, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 31-28-20 — SD Code / Title 31 / Chapter 28 / Section 31-28-20
Commercial or political campaign advertising--Violation as misdemeanor
Status: in_force

No person may place or maintain nor may any public authority permit upon any highway or public right-of-way any traffic sign or signal bearing any commercial or political campaign advertising. A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 274, §§ 4 (2), 6; SDCL § 31-28-24 ; SL 2010, ch 145, § 144; SL 2011, ch 137, § 2.
S.D. Codified Laws § 31-4-206 — SD Code / Title 31 / Chapter 4 / Section 31-4-206
U.S. Highway 212 from Wyoming to Minnesota
Status: in_force

The state trunk highway system includes the following in Butte, Meade, Ziebach, Dewey, Potter, Hand, Faulk, Spink, Clark, Codington, and Deuel counties:

From a point on the Wyoming state line north of the southwest corner of section nineteen, township ten north, range one east, thence easterly via Belle Fourche, Newell, Faith, Gettysburg, Faulkton, Redfield, Frankfort, Doland, Clark, Henry, Watertown, and Kranzburg to the Minnesota state line in the southwest quarter of section fifteen, township one hundred seventeen north, range forty - seven west.

Source: SL 1984, ch 209, § 79.
S.D. Codified Laws § 31-29-71.6 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.6
Conforming permit
Status: in_force

The department may issue a conforming permit for a sign, display, or device erected within a zoned commercial or industrial area acceptable for outdoor advertising purposes as provided in §§ 31-29-71.8 to 31-29-71.12 , inclusive, or within an "unzoned commercial or industrial area" as defined in § 31-29-70 if the sign display or device is otherwise lawfully erected and maintained.

Source: SL 1986, ch 240, § 4.
S.D. Codified Laws § 31-4-136 — SD Code / Title 31 / Chapter 4 / Section 31-4-136
U.S. Highway 14 bypass at Brookings
Status: in_force

The state trunk highway system includes a highway in Brookings County stretching from a point on U.S. Highway 14 west of the city of Brookings, thence easterly via Brookings to U.S. Highway 14 east of Brookings.

Source: SL 1984, ch 209, § 9; SL 2005, ch 150, § 1; SL 2025, ch 112, § 1.
S.D. Codified Laws § 31-4-163 — SD Code / Title 31 / Chapter 4 / Section 31-4-163
State Highway 43 from Nebraska to U.S. Highway 18
Status: in_force

The state trunk highway system includes the following in Gregory County:

From a point on the Nebraska state line near the southeast corner of section thirty - three, township ninety - five north, range sixty - eight west, thence northwesterly to near the northwest corner of section thirty - three, township ninety - five north, range sixty - eight west.

Source: SL 1984, ch 209, § 36.
S.D. Codified Laws § 31-21-13 — SD Code / Title 31 / Chapter 21 / Section 31-21-13
Obstruction of ditch as misdemeanor
Status: in_force

Any person who shall dam up, obstruct, or in any way injure any ditch opened under the provisions of this chapter shall be guilty of a Class 2 misdemeanor.

Source: SL 1883, ch 112, § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.9912.
S.D. Codified Laws § 31-29-68 — SD Code / Title 31 / Chapter 29 / Section 31-29-68
Local zoning authority's determination in lieu of size, lighting, and space controls
Status: in_force

If a local zoning authority recognized in Title 11 has made a determination of customary use, concerning the size, lighting, and spacing considerations, the determination shall be in lieu of controls in §§ 31-29-65 to 31-29-67 , inclusive.

Source: SL 1977, ch 246, § 6; SL 2010, ch 145, § 159.
S.D. Codified Laws § 31-5-10.1 — SD Code / Title 31 / Chapter 5 / Section 31-5-10.1
Design-bid-build
Status: in_force

If construction plans and specifications for a highway improvement project have been completed by the Department of Transportation, the project may be advertised for bids and awarded to the bidder with the lowest responsive bid unless the bid is rejected by the Transportation Commission.

Source: SL 2021, ch 124, § 2.
S.D. Codified Laws § 31-19-18 — SD Code / Title 31 / Chapter 19 / Section 31-19-18
Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state
Status: in_force

Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit the same with the clerk of courts for any defendant, who cannot be found and immediately upon the payment of said compensation or offer of payment, should same be refused, and deposited as aforesaid, possession shall be given the state for the purpose of said improvement.

Source: SL 1939, ch 113, § 10; SDC Supp 1960, § 28.13A10.
S.D. Codified Laws § 31-4-144 — SD Code / Title 31 / Chapter 4 / Section 31-4-144
State Highway 19 Alternate from State Highway 46 via Centerville to State Highway 19
Status: in_force

The state trunk highway system includes the following in Turner County:

From a point on State Highway 46 south of Centerville near the southwest corner of section thirty - five, township ninety - six north, range fifty - two west, thence north and west via Centerville to State Highway 19 west of Centerville near the southwest corner of section twenty - three, township ninety - six north, range fifty - three west.

Source: SL 1984, ch 209, § 17.
S.D. Codified Laws § 31-3-30 — SD Code / Title 31 / Chapter 3 / Section 31-3-30
Owner opposed to petition to set forth damages in writing--Determination by county commissioners
Status: in_force

At the meeting of the board of county commissioners at which the report of the committee appointed to examine the highway is presented, any person over whose land the highway passes and who is opposed to the petition shall set forth in writing that he or she is damaged by the location, change, or vacation of the highway and the amount of any damage. The board shall determine from the report and the evidence before the board the amount of damages sustained and whether the damages so assessed are greater than the utility of the proposed highway or change. If the board deems the highway of sufficient advantage to the public to warrant the paying of the damages assessed, the board shall declare the highway located, changed, or vacated and all damages declared assessed shall be paid by the county. However, if the board determines that the damages assessed are greater than the advantages of the proposed location, change, or vacation, the board shall order the petition dismissed.

Source: SL 1883, ch 112, § 59; CL 1887, § 1319; RPolC 1903, § 1730; RC 1919, § 8542; SDC 1939, § 28.0607; SL 2018, ch 168, § 3.
S.D. Codified Laws § 31-12-11 — SD Code / Title 31 / Chapter 12 / Section 31-12-11
Commencement of construction work
Status: in_force

After the survey and plan for each section of the county highway system has been prepared by or for the county highway superintendent, and specifications and an estimate of the cost therefor also prepared and approved by the board of county commissioners, such board of county commissioners may thereupon proceed as provided in this chapter with the construction of the road, tile, and culvert work in accordance therewith.

Source: SL 1919, ch 333, § 23; SDC 1939, § 28.0308.
S.D. Codified Laws § 31-19-29 — SD Code / Title 31 / Chapter 19 / Section 31-19-29
Payment of moneys on deposit--Payment of additional moneys after award is made
Status: in_force

Upon the application of the parties in interest, the court may order that one hundred percent of the money deposited in court pursuant to § 31-19-28 , or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded in respect of the lands, or upon any parcel thereof, shall exceed the amount of money so received by any person entitled, the court shall enter judgment against the State of South Dakota or the municipality for the amount of the deficiency.

Source: SL 1963, ch 195, § 1; SL 1990, ch 226, § 6.
S.D. Codified Laws § 31-17-14 — SD Code / Title 31 / Chapter 17 / Section 31-17-14
Township boundary line highways--Judgment in action to require contribution
Status: in_force

The court, by its judgment in an action pursuant to § 31-17-11 , may determine the necessity and extent of any construction, improvement, or repair of such highway; the right to enforce equal contribution to the costs thereof by both townships; and the right to require the board of supervisors of both townships to jointly meet and advertise for bids and enter into a contract for the construction, improvement, or repair of such highway in the manner provided by §§ 5-18A-14 and 5-18B-10 .

Source: SL 1961, ch 152, § 8; SL 2011, ch 2, § 137.
S.D. Codified Laws § 31-7-11 — SD Code / Title 31 / Chapter 7 / Section 31-7-11
Maintenance expenses--Sources of payment
Status: in_force

Maintenance expense of the interstate system shall be from state highway funds. However, highway funds of counties, townships, and municipalities may be used in the maintenance of local service roads, overpasses, and underpasses constructed in connection with the interstate system, unless federal funds are made available for this purpose.

Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163; SL 2010, ch 145, § 58.
S.D. Codified Laws § 31-13-29 — SD Code / Title 31 / Chapter 13 / Section 31-13-29
Authority of township to open snowbound roads used for school bus routes
Status: in_force

When any highway within any township is regularly traveled by a bus or other motor vehicle used for free transportation of school children, the township board may, in its discretion, open snowbound roads and keep them passable for such vehicles. Such expense shall be paid from the general road fund.

Source: SL 1925, ch 192; SDC 1939, §§ 28.0409, 58.0506.
S.D. Codified Laws § 31-4-247 — SD Code / Title 31 / Chapter 4 / Section 31-4-247
State Highway 1806
Status: in_force

The state trunk highway system includes the following in Gregory, Lyman, Stanley, and Corson counties:

(1) From a point on U.S. Highway 18 west of Bonesteel near the northeast corner of section two, township ninety - five north, range sixty - nine west, thence northeasterly to a point in section twenty, township ninety - seven north, range sixty - eight west;

(2) From a point south of State Highway 44 north of the southwest corner of section nine, township ninety - eight north, range seventy west, thence northerly to State Highway 44 west of Platte in section twenty - four, township ninety - nine north, range seventy - one west;

(3) From a point on State Highway 273 north of Kennebec near the northeast corner of section eighteen, township one hundred seven north, range seventy - five west, thence northwesterly along Lake Sharpe to U.S. Highway 83 south of Fort Pierre in section two, township four north, range thirty - one east;

(4) From a point on U.S. Highway 14 in Fort Pierre in the southeast quarter of section twenty, township five north, range thirty - one east, thence northerly along Oahe Reservoir to a point near the southwest corner of section twenty - four, township eight north, range twenty - seven east;

(5) From a point south of U.S. Highway 12 at Sacajawea Monument near the south line of section thirteen, township eighteen north, range twenty - nine east, thence northerly to U.S. Highway 12 in section thirty - six, township nineteen north, range twenty - nine east;

(6) From a point on U.S. Highway 12 near the southeast corner of section twenty - five, township nineteen north, range twenty - nine east, thence northerly along Oahe Reservoir to a point in section twenty - four, township twenty - two north, range twenty - nine east.

Source: SL 1984, ch 209, § 120.
S.D. Codified Laws § 31-14-5 — SD Code / Title 31 / Chapter 14 / Section 31-14-5
Bridge plans and specifications--Design requirements--Filing by county auditor
Status: in_force

A registered engineer retained by the board of county commissioners or the department shall prepare plans and specifications for bridge repair or construction work. Plans and specifications prepared by a registered engineer retained by the board of county commissioners shall conform to the design requirements of the American Association of State Highway and Transportation Officials. The plans and specifications, whether prepared by the department or by a registered engineer retained for that purpose, shall be forwarded to the proper county auditor who shall place them on file in the auditor's office. A copy shall be forwarded to the department for the department's records.

Source: SL 1919, ch 333, § 31; SL 1921, ch 386; SDC 1939, § 28.1404; SL 1961, ch 142, § 1; SL 2010, ch 145, § 96; SL 2018, ch 168, § 40.
S.D. Codified Laws § 31-13-32 — SD Code / Title 31 / Chapter 13 / Section 31-13-32
Improvement of platted streets by special assessment--Definition of terms
Status: in_force

For the purposes of §§ 31-13-32 to 31-13-54 , inclusive, subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development.

For the purposes of §§ 31-13-32 to 31-13-54 , inclusive, street shall mean any road, road right - of - way, road area, or street dedicated to the public or for the public use located entirely within platted land or a subdivision, and abutted on both sides along its entire length by the platted land or subdivision.

Source: SL 1979, ch 197, § 1.
S.D. Codified Laws § 31-28-19 — SD Code / Title 31 / Chapter 28 / Section 31-28-19
Markings resembling official signs--Obscuring official sign--Violation as misdemeanor
Status: in_force

No person may place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 274, §§ 4 (1), 6; SDCL § 31-28-24 ; SL 2010, ch 145, § 143.
S.D. Codified Laws § 31-4-140 — SD Code / Title 31 / Chapter 4 / Section 31-4-140
State Highway 17 from State Highway 44 to 278th Street in Lincoln County
Status: in_force

The state trunk highway system includes the following in Lincoln County:

From a point on State Highway 44 at Lennox near the southwest corner of section thirty-three, township ninety-nine north, range fifty-one west, thence north via Lennox to a point fifty feet south of the centerline of 278th Street at its intersection with State Highway 17.

Source: SL 1984, ch 209, § 13; SL 1994, ch 237, § 15; SL 2016, ch 151, § 1; SL 2018, ch 171, § 1.
S.D. Codified Laws § 31-18-1 — SD Code / Title 31 / Chapter 18 / Section 31-18-1
Existence of section-line highways by operation of law
Status: in_force

There is along every section line in this state a public highway located by operation of law, except where some portion of the highway along such section line has been heretofore vacated or relocated by the lawful action of some authorized public officer, board, or tribunal.

Source: SL 1870-1, ch 33, § 1; PolC 1877, ch 29, § 1; CL 1887, § 1189; RPolC 1903, § 1594; RC 1919, § 8519; SDC 1939, § 28.0102.
S.D. Codified Laws § 31-13-31 — SD Code / Title 31 / Chapter 13 / Section 31-13-31
Validation of construction and repair contracts between townships and residents or landowners
Status: in_force

All contracts or agreements of supervisors of organized civil townships, entered into between such supervisors and residents or landowners of such township, whereby such residents or landowners were to perform work, furnish equipment and material in the construction or repair of secondary highways of such township, and whereby such residents or landowners were to be compensated for work performed in the construction and repair of such highways and be reimbursed for funds advanced in the purchase of material or for the use of equipment, are hereby legalized and validated; the board of supervisors of such township is hereby authorized to pay such resident or landowner or cause them to be paid from township funds, for such services performed, compensation for the use of equipment and for materials furnished in the construction or repair of such road and the said board of supervisors is authorized to approve and issue warrants for such payment and to pay or cause such warrants to be paid from township funds. The allowance of such claims for said services performed, materials furnished or for use of equipment and the payment for the same shall be deemed valid and for a lawful purpose. Provided, that the provisions of this section shall apply only to contracts of this kind entered into prior to July 1, 1953, and provided further that where such contracts have been entered into before July 1, 1953, and funds have been expended pursuant to such contracts, such contracts and the funds expended thereunder are hereby legalized and validated.

Source: SL 1953, ch 492; SDC Supp 1960, § 65.0329.
S.D. Codified Laws § 31-21-6 — SD Code / Title 31 / Chapter 21 / Section 31-21-6
Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive
Status: in_force

In all cases under this chapter the township board of supervisors or board of county commissioners shall estimate the advantage and benefits the laying out and opening of such ditch will confer upon the owner of any land through which such ditch may run, as well as the disadvantages. The damages sustained by reason of laying out and opening such ditch may be ascertained by the agreement of the owner and the township supervisors or county commissioners, in which case every agreement and release shall be in writing and filed in the office of the township clerk or county auditor and shall forever preclude such owner from all further claims for damages.

Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
S.D. Codified Laws § 31-2-20 — SD Code / Title 31 / Chapter 2 / Section 31-2-20
Adoption of standard plans and specifications
Status: in_force

The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways.

Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207.
S.D. Codified Laws § 31-19-27 — SD Code / Title 31 / Chapter 19 / Section 31-19-27
Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration
Status: in_force

If any person who is a proper party defendant, or any property affected thereby, shall have been omitted from the declaration of taking filed pursuant to § 31-19-23 , the plaintiff may file amendments to include the same, which amendments from the filing thereof shall have the same force and effect as though included in the original proceedings. The naming or omission of defendants' names shall not defer the effect of the declaration of taking.

Source: SL 1963, ch 195, § 1.
S.D. Codified Laws § 31-29-75 — SD Code / Title 31 / Chapter 29 / Section 31-29-75
Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation
Status: in_force

No outdoor advertising sign, display, or device may be removed by an amortization schedule, nor may its value be so determined, and the owners thereof and the owners of the real property on which the same are situated shall be guaranteed just compensation, including through condemnation procedures, as provided in §§ 31-29-61 to 31-29-83 , inclusive.

Source: SL 1977, ch 246, § 13.
S.D. Codified Laws § 31-3-33 — SD Code / Title 31 / Chapter 3 / Section 31-3-33
Assessment and payment of damages
Status: in_force

All damages sustained by reason of the locating, changing, or vacating of any highway pursuant to this chapter, shall be assessed and paid by the board having highway jurisdiction thereof or, if there is joint exercise of authority by more than one board, then the damages shall be assessed and paid by those boards in proportion to their joint exercise of authority.

Source: SDC 1939, § 28.0606; SL 1985, ch 233, § 18.
S.D. Codified Laws § 31-12-13 — SD Code / Title 31 / Chapter 12 / Section 31-12-13
Large projects--Advertising for bids or built by day labor--Rejection of bids
Status: in_force

Any road, tile, or culvert construction, repair work, or materials on the county highway system, for which the county highway superintendent's estimated cost exceeds the amount provided in § 5-18A-14 , shall be advertised and let at a public letting by the board of county commissioners or may be built by day labor. The board may reject all bids, in which case the board may readvertise and let at a public letting.

Source: SDC 1939, § 28.0309; SL 1982, ch 223, § 2; SL 1987, ch 211, § 2; SL 2011, ch 2, § 134; SL 2018, ch 168, § 18.
S.D. Codified Laws § 31-14-11 — SD Code / Title 31 / Chapter 14 / Section 31-14-11
Opening of bids--Notice to successful bidder--Execution of contract
Status: in_force

Promptly at the hour specified, the board of county commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that the bid has been accepted. Upon being so notified, the successful bidder shall enter into a contract with the county in accordance with the bid, and the successful bid, together with the plans and specifications upon which the bid was based, is deemed a part of the contract.

Source: SL 1919, ch 333, § 33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, § 28.1406; SL 2010, ch 145, § 97; SL 2018, ch 168, § 45.
S.D. Codified Laws § 31-31-1 — SD Code / Title 31 / Chapter 31 / Section 31-31-1
Weed removal on state or county roads
Status: in_force

The Department of Transportation and board of county commissioners of the various counties shall cut or remove, or cause to be cut or removed, grass, weeds, and brush growing within the right - of - way of all public highways within their respective jurisdiction and over which such department and boards exercise control as to repair and maintenance. A violation of this section is a petty offense.

Source: SL 1939, ch 295, § 1; SDC Supp 1960, § 62.0201; SDCL, § 31-31-7 ; SL 1985, ch 15, § 37.
S.D. Codified Laws § 31-4-3 — SD Code / Title 31 / Chapter 4 / Section 31-4-3
Inclusion of city streets in system
Status: in_force

The Department of Transportation may at its discretion extend the state trunk highway system to include any street or streets within the limits of any first or second class municipality if necessary to make a continuous route for any state trunk highway through the municipality.

Source: SDC 1939, § 28.0209 as added by SL 1939, ch 107, § 1; SL 1953, ch 139.
S.D. Codified Laws § 31-26-26.2 — SD Code / Title 31 / Chapter 26 / Section 31-26-26.2
Liability on construction or maintenance of pipeline--County recovery--Venue
Status: in_force

Nothing contained in § 31-26-25 or 31-26-26 may be construed to exempt from liability a person who owns, operates, or benefits from a livestock pipeline, for any damage or injury sustained by reason of the faulty or negligent construction or maintenance of a livestock pipeline. A county is entitled to recover, from any owner, operator, or beneficiary of a livestock pipeline, the amount necessary to spend in the removal or repair of the portion of highway or right of way impacted by the faulty or negligent construction or maintenance, including a reasonable amount for attorney's fees. The action may be commenced in any court in the county having jurisdiction.

Source: SL 2023, ch 96, § 4.
S.D. Codified Laws § 31-12A-5.2 — SD Code / Title 31 / Chapter 12A / Section 31-12A-5.2
Transfer of jurisdiction over public highway to road district prohibited
Status: in_force

No political subdivision of the state may relinquish or transfer jurisdiction over any public highway to a road district.

Source: SL 1999, ch 151, § 13.
S.D. Codified Laws § 31-14-4 — SD Code / Title 31 / Chapter 14 / Section 31-14-4
Plans and specifications for bridge construction--Preparation by department or engineer
Status: in_force

Any bridge, abutment, and approach or repair to a bridge required in any county of this state, shall be constructed in accordance with plans and specifications prepared by the department or a registered engineer retained by the board of county commissioners for such purpose. The plans and specifications shall show and describe the style and size thereof, the kind, weight, and quality of all materials to be used in the construction and the proper proportion of the ingredients for mixture and reinforcements.

Source: SL 1919, ch 333, § 32; SL 1920 (SS), ch 89; SDC 1939, § 28.1405; SL 1961, ch 142, § 2; SL 2010, ch 145, § 95.
S.D. Codified Laws § 31-26-21 — SD Code / Title 31 / Chapter 26 / Section 31-26-21
Liability for damage for negligent construction or maintenance of line
Status: in_force

Nothing contained in § 31-26-19 or 31-26-20 shall be construed to exempt anyone owning or operating any telephone, telegraph, or electric line or underground cable in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telephone, telegraph, or electric line or underground cable.

Source: SDC 1939, § 28.1004; SL 1965, ch 134; SL 2003, ch 159, § 10.
S.D. Codified Laws § 31-17-3 — SD Code / Title 31 / Chapter 17 / Section 31-17-3
Roads crossing county lines--Appeal to Transportation Commission on division of responsibility
Status: in_force

If boards of county commissioners fail to perform the duty prescribed by § 31-17-2 , or in case of disagreement by such boards, an appeal may be made to the Transportation Commission by one of them. The commission shall notify the county auditors of the counties concerned that the commission will, on a day not less than ten days thereafter, at a named time and place within one of such counties, hold a hearing to determine all matters involved. At the hearing the commission shall fully investigate all questions involved, and shall, as soon as practicable, certify its decision to the different boards. The decision is final, and such boards shall comply.

Source: SL 1925, ch 188, § 2; SDC 1939, § 28.0705; SL 2010, ch 145, § 107.
S.D. Codified Laws § 31-12A-26 — SD Code / Title 31 / Chapter 12A / Section 31-12A-26
Road work projects outside district's area
Status: in_force

Notwithstanding any other provision of this chapter, a road district may contract for and expend district funds for road work projects to be constructed outside of the geographical area of the road district, if the board of trustees approves that action by a two-thirds vote of the membership. The owners of any land, including any land subject to an easement, outside the district on which the road is to be constructed shall consent in writing to the project. If persons outside the district area would also benefit from such a project, the board may negotiate with and accept funds or any other assistance from any person on the basis and terms negotiated. The provisions of § 31-12A-25.1 do not apply to any road work performed pursuant to this section.

Source: SL 1977, ch 241, § 28; SL 1982, ch 224, § 5; SL 2012, ch 157, § 1.
S.D. Codified Laws § 31-12A-2 — SD Code / Title 31 / Chapter 12A / Section 31-12A-2
Application for organization of road district--Verified survey and map required
Status: in_force

Any person making application for the organization of a road district shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the road district, showing the boundaries and area of the district. The accuracy of the survey and map shall be verified by the affidavit of the surveyor.

Source: SL 1977, ch 241, § 2; SL 2014, ch 46, § 7.
S.D. Codified Laws § 31-19-13 — SD Code / Title 31 / Chapter 19 / Section 31-19-13
Conduct of proceedings--Notice of trial
Status: in_force

As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in the manner provided by §§ 31-19-11 and 31-19-12 , except that three days' notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose.

Source: SL 1953, ch 152; SDC Supp 1960, § 28.13A07.
S.D. Codified Laws § 31-14-38 — SD Code / Title 31 / Chapter 14 / Section 31-14-38
County line bridges--Sharing of costs in absence of apportionment contract
Status: in_force

Whenever the highway on the line between two counties has not been divided and portions thereof assigned to each county, and it is intended to build, alter, or repair the bridges thereon, the cost shall be borne equally by such counties.

Source: SL 1909, ch 166; SL 1917, ch 259; RC 1919, § 8685; SDC 1939, § 28.1416.
S.D. Codified Laws § 31-19-4 — SD Code / Title 31 / Chapter 19 / Section 31-19-4
Pleadings necessary--Interpleader--Compensation only issue
Status: in_force

No pleading other than the petition shall be required in a condemnation proceeding initiated pursuant to § 31-19-3 , unless ordered by the court. If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation. The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.

Source: SL 1939, ch 113, § 4; SDC Supp 1960, § 28.13A04.
S.D. Codified Laws § 31-12-41 — SD Code / Title 31 / Chapter 12 / Section 31-12-41
Contracts for county maintenance of streets and alleys in municipalities
Status: in_force

Counties are authorized to contract with municipalities within their respective boundaries for the maintenance of public streets and alleys or any portion thereof within said municipalities. Whenever it shall be made to appear to the board of county commissioners of any county by a resolution of any municipality within the county, duly adopted, copy of which resolution shall be filed in the office of the county auditor of the county of which such municipality is located that it will be to the best interests of such municipality and in the public interest that the municipality enter into an agreement in writing with the board of county commissioners of such county for the maintenance of any public street or alley or any portion thereof, the board of county commissioners may, in its discretion, enter into an agreement in writing with the governing body of such municipality to maintain any such street or alley, to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement for such maintenance. If it shall appear to the board of county commissioners that it will be to the public interest to enter into such an agreement, it shall be lawful for it so to do, and such county, by and through its highway department and with the personnel and equipment thereof, perform, or cause to be performed, for such municipality such maintenance specified in said agreement and such maintenance to be done under the supervision and control of the county highway superintendent. The prices specified in said contract shall be paid to the said county by the municipality upon estimates certified to by the county highway superintendent in the same manner as other obligations of the municipality are paid.

Source: SL 1945, ch 120, § 1; SDC Supp 1960, § 12.1809.
S.D. Codified Laws § 31-22-4 — SD Code / Title 31 / Chapter 22 / Section 31-22-4
Assessment of damages--Report to county auditor--Destruction of records
Status: in_force

The county commissioners shall assess and determine the damage which the right - of - way is to the owner of the land across which it is laid, and they shall file with the county auditor a full report of all their proceedings in the premises, and the county auditor shall record the same in his record of highways. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1935, ch 179, § 3; SDC 1939, § 28.0803; SL 1981, ch 45, § 21.
S.D. Codified Laws § 31-19-49.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-49.1
Financial assistance when federal funds are unavailable
Status: in_force

If federal funds are not available or used for payment of direct financial assistance to persons displaced by the acquisition of property by the Department of Transportation or counties, the department or boards of county commissioners or county highway boards may provide direct financial assistance to such persons. Financial assistance authorized by this section may not exceed the total amount that would have been payable under § 31-19-49 if federal funds had been available or used.

Source: SL 1963, ch 194 as enacted by SL 1969, ch 114; SL 1971, ch 178, § 2; SL 1987, ch 210, § 11.
S.D. Codified Laws § 31-10-14 — SD Code / Title 31 / Chapter 10 / Section 31-10-14
Maintenance of acquired bridge
Status: in_force

The department shall repair and maintain and assume ownership of that part of any bridge situated within the State of South Dakota after acceptance as provided in § 31-10-12 .

Source: SL 1953, ch 320, § 3; SDC Supp 1960, § 28.1444; SL 2010, ch 145, § 91.
S.D. Codified Laws § 31-12A-25.1 — SD Code / Title 31 / Chapter 12A / Section 31-12A-25.1
Roads as public highways--Vehicle or traffic regulations may be enforced by law enforcement officer
Status: in_force

Any road constructed or maintained pursuant to this chapter is a public highway, and any speed limits, vehicle weight limits, and any other vehicle or traffic regulations on such roads may be enforced by any law enforcement officer.

Source: SL 1999, ch 151, § 3.
S.D. Codified Laws § 31-5-20 — SD Code / Title 31 / Chapter 5 / Section 31-5-20
Interstate agreements for rest and recreation areas
Status: in_force

The Department of Transportation may enter into cost - sharing agreements with adjacent states for the land acquisition, construction, and operation of rest and recreation areas and rest and recreation facilities on or near state lines.

Source: SL 1971, ch 180.
S.D. Codified Laws § 31-26-26.1 — SD Code / Title 31 / Chapter 26 / Section 31-26-26.1
Relocation of a livestock pipeline--Request--Approval
Status: in_force

An owner or operator of a livestock pipeline approved pursuant to § 31-26-25 may, at any time, submit a request for the relocation, removal, or change of a livestock pipeline to the highway superintendent. Upon approval of the highway superintendent, the owner or operator may, at their own cost and in accordance with any conditions set by the highway superintendent, relocate, remove, or change the livestock pipeline.

Source: SL 2023, ch 96, § 3.
S.D. Codified Laws § 31-7-10 — SD Code / Title 31 / Chapter 7 / Section 31-7-10
State highway funds used for construction
Status: in_force

The department may use such state highway funds as are required by federal highway acts for matching federal funds allocated for construction on the interstate system.

Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163; SL 2010, ch 145, § 57.
S.D. Codified Laws § 31-21-7 — SD Code / Title 31 / Chapter 21 / Section 31-21-7
Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor
Status: in_force

If after taking all the circumstances into consideration the township supervisors or county commissioners shall be satisfied that the opening of a ditch under this chapter is necessary or advantageous to the public interest, they shall cause the same to be laid out and opened and shall give such directions in the matter as shall be necessary for the effectual draining of such swamp, pond, bog, or lowland, and shall file a statement in writing of all their doings including the amount of damages allowed, in the office of the township clerk or county auditor who shall copy the same into a book to be kept by him especially for that purpose.

Source: SL 1883, ch 112, § 89; CL 1887, § 1337; RPolC 1903, § 1742; RC 1919, § 8600; SDC 1939, § 28.1203.
S.D. Codified Laws § 31-19-46 — SD Code / Title 31 / Chapter 19 / Section 31-19-46
Exchange of non-right-of-way property
Status: in_force

Notwithstanding § 31-2-27 , the Department of Transportation may exchange acquired lands with landowners from whom right - of - way or real property may be needed.

Source: SL 1961, ch 145, § 3 as added by SL 1967, ch 116; SL 2021, ch 128, § 3.
S.D. Codified Laws § 31-4-143 — SD Code / Title 31 / Chapter 4 / Section 31-4-143
State Highway 19 from Nebraska to State Highway 34
Status: in_force

The state trunk highway system includes the following in Clay, Turner, Minnehaha, and Lake counties:

(1) From a point on the Nebraska state line south of Vermillion, thence northerly via Vermillion to State Highway 46 south of Centerville;

(2) From a point on State Highway 46 east of Irene, thence north via Viborg, Parker, and Humboldt to State Highway 34 southeast of Madison.

Source: SL 1984, ch 209, § 16; SL 2002, ch 141, § 1.
S.D. Codified Laws § 31-4-224 — SD Code / Title 31 / Chapter 4 / Section 31-4-224
State Highway 258 from Interstate Highway 90 to U.S. Highway 281
Status: in_force

The state trunk highway system includes the following in Aurora County:

From a point on Interstate Highway 90 south of Plankinton in the southeast corner of section twenty - two, township one hundred three north, range sixty - four west, thence east via Plankinton to U.S. Highway 281 south of the northeast corner of section twenty - four, township one hundred three north, range sixty - four west.

Source: SL 1984, ch 209, § 97.
S.D. Codified Laws § 31-2-36 — SD Code / Title 31 / Chapter 2 / Section 31-2-36
Service of process on state
Status: in_force

Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota, in the manner provided for the service of process in actions brought in the circuit courts of the State of South Dakota, or by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota in the manner provided for service of process in actions brought in United States district courts, except only that the state shall be required to appear within thirty days after the day such process is served in the manner herein provided.

Source: SL 1964, ch 110, § 3.
S.D. Codified Laws § 31-12A-6 — SD Code / Title 31 / Chapter 12A / Section 31-12A-6
Order declaring territory incorporated--Name of district--Election
Status: in_force

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the eligible voters, as specified in § 6-16-2 , in an election as provided in § 6-16-4 to 6-16-6 , inclusive, be an incorporated road district by the name specified in the petition. The name shall be different from that of any other road district in this state.

Source: SL 1977, ch 241, § 6; SL 1998, ch 36, § 11; SL 2014, ch 46, § 10.
S.D. Codified Laws § 31-2-32 — SD Code / Title 31 / Chapter 2 / Section 31-2-32
Auction sale of passenger automobiles
Status: in_force

No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned.

Source: SDC Supp 1960, § 28.0222 as added by SL 1965, ch 133; SL 1984, ch 207, § 22.
S.D. Codified Laws § 31-3-43 — SD Code / Title 31 / Chapter 3 / Section 31-3-43
Notice of proposed change--Publication
Status: in_force

No changes in the location of any highway or part of a highway or system of highways as contemplated, shall be entered into pursuant to § 31-3-41 until notice of the proposed changes of such highways shall have been published in the legal newspaper of the county in which said proposed changes are to be made. Said notice shall be published for two successive weeks, once each week, and not less than ten days prior to the adoption of any such proposed changes and which said notice shall state the time and place when and where any person interested may appear and be heard upon any objections they may wish to assert in opposition to any such proposed changes in relocation or establishing of any highways or parts of highways.

Source: SL 1953, ch 156, § 2; SDC Supp 1960, § 28.06A02.
S.D. Codified Laws § 31-5-10 — SD Code / Title 31 / Chapter 5 / Section 31-5-10
Improvements to trunk system--Manner of advertising for bids--Letting of contract--Rules
Status: in_force

For a highway improvement on the trunk highway system, the work contemplated shall be delivered to contract by one of the following methods, in accordance with the provisions of this chapter:

(1) Design-bid-build;

(2) Indefinite delivery and indefinite quantity; or

(3) Emergency procurement.

Contracts for all road and bridge construction performed on the trunk highway system shall be between the state and the contractor and shall be approved by the Department of Transportation and the Transportation Commission.

The Transportation Commission may adopt rules pursuant to chapter 1-26 regarding advertisement for bids; bidder qualification, classification, and rating; bid submission; and bid acceptance for highway improvements on the trunk highway system.

Source: SDC 1939, § 28.0214; SL 1987, ch 210, § 6; SL 2021, ch 124, § 1.
S.D. Codified Laws § 31-4-243 — SD Code / Title 31 / Chapter 4 / Section 31-4-243
State Highway 445 from State Highway 79 to Interstate Highway 90
Status: in_force

The state trunk highway system includes the following in Pennington County:

From a point on State Highway 79 in Rapid City at the intersection of West Chicago Street and West Omaha Street, thence northwesterly to Interstate Highway 90 near the southwest corner of section twenty - two, township two north, range seven east.

Source: SL 1984, ch 209, § 116; SL 1994, ch 237, § 7.
S.D. Codified Laws § 31-29-83 — SD Code / Title 31 / Chapter 29 / Section 31-29-83
Commercial activities in rest areas or information centers prohibited--Exceptions
Status: in_force

Nothing in §§ 31-29-61 to 31-29-83 , inclusive, authorizes the state or any political subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest area or information center. This section does not apply to any commercial advertising or media display pursuant to § 31-29-59 , to a vending facility, vending soft drinks only, operated for the benefit of visually impaired vendors licensed by the Division of Service to the Blind and Visually Impaired or to a vending facility vending newspapers only. The Transportation Commission may promulgate rules pursuant to chapter 1-26 to establish a form upon which a newspaper vendor may apply for the placement of a vending machine; to establish provisions and standards for the location, operation, and maintenance of vending machines so as not to interfere with the use of the rest area or information center by the traveling public; and to maintain the orderly appearance of the vending facility.

Source: SL 1977, ch 246, § 21; SL 1984, ch 211, § 2; SL 1986, ch 237, § 2; SL 1989, ch 21, § 152; SL 2010, ch 145, § 163; SL 2013, ch 129, § 2; SL 2018, ch 169, § 4.
S.D. Codified Laws § 31-9-1 — SD Code / Title 31 / Chapter 9 / Section 31-9-1
Relinquishment of highways in national parks--Cession of jurisdiction
Status: in_force

The Department of Transportation and the board of county commissioners of an affected county, may relinquish to the United States for use and construction and control of highways by the secretary of interior, acting through the national park service, all of the interest of the state and the county in such portions of public highways lying within the boundaries of national parks and national monuments. The relinquishment of interest in the highways shall operate as a cession to the United States of jurisdiction for highway purposes over such portions of the highways lying within said national parks or national monuments.

Source: SL 1957, ch 140, § 1; SDC Supp 1960, § 28.0241; SL 2010, ch 145, § 77.
S.D. Codified Laws § 31-4-155 — SD Code / Title 31 / Chapter 4 / Section 31-4-155
State Highway 32 from Interstate Highway 29 to State Highway 13
Status: in_force

The state trunk highway system includes the following in Moody County:

From a point on Interstate Highway 29 near the north line of section thirty, township one hundred seven north, range forty - nine west, thence east via Flandreau to State Highway 13 near the east line of section twenty - eight, township one hundred seven north, range forty - eight west.

Source: SL 1984, ch 209, § 28.
S.D. Codified Laws § 31-29-80.4 — SD Code / Title 31 / Chapter 29 / Section 31-29-80.4
Procedure for authorizing directional signs--Compliance with rules
Status: in_force

The secretary of the Department of Transportation shall establish a program whereby an individual who qualifies for the sign authorized pursuant to § 31-29-80.3 may petition for a location and be given clearance to erect a sign that conforms to the national standards for directional and official signs pursuant to 23 CFR, Part 750, Subpart (B). The signs erected pursuant to this section shall be installed and maintained by the owner in compliance with the rules of the Transportation Commission.

Source: SL 1979, ch 201, § 4; SL 1987, ch 210, § 19.
S.D. Codified Laws § 31-12-43 — SD Code / Title 31 / Chapter 12 / Section 31-12-43
Indemnity required for construction or survey work within road right-of-way
Status: in_force

A county may require any person performing construction or survey work within any county road right - of - way which may damage such right - of - way to furnish an indemnity bond in a reasonable amount as determined by the board of county commissioners to indemnify the county for any damage done beyond normal wear. However, if a registered professional engineer or a registered land surveyor is surveying land, as defined in 36-18A-4 , for an individual landowner of the county, the provisions of this section do not apply.

Source: SL 1984, ch 213, § 2; SL 1987, ch 29, § 11.
S.D. Codified Laws § 31-4-131 — SD Code / Title 31 / Chapter 4 / Section 31-4-131
State Highway 11 from Elk Point to Minnesota
Status: in_force

The state trunk highway system includes the following in Union, Lincoln, and Minnehaha counties:

(1) From a point on Franklin Street near Elk Point near Interstate Highway 29 Business Loop, thence northerly via Elk Point to State Highway 50 north of Elk Point;

(2) From a point on State Highway 48 south of Alcester, thence northerly via Alcester to 57th Street in Sioux Falls;

(3) From a point on State Highway 42 east of Sioux Falls, thence northerly and easterly via Brandon and Garretson to the Minnesota state line.

Source: SL 1984, ch 209, § 4; SL 1994, ch 237, § 8; SL 2021, ch 123, § 1.
S.D. Codified Laws § 31-33-5 — SD Code / Title 31 / Chapter 33 / Section 31-33-5
Adoption of arterial street system by governing body--Recording with Department of Transportation
Status: in_force

Each municipal governing body shall after due deliberation and consultation with county and state officials regarding the selection of the roads and streets that are to constitute its arterial street system take the necessary action to adopt said system and shall forward a certified copy of such action together with a map showing the arterials and a description of same to the Department of Transportation to be recorded.

The roads and streets as recorded by the Department of Transportation shall for all purposes be known as the arterial street system of that municipality.

Source: SL 1969, ch 117, § 4.
S.D. Codified Laws § 31-3-12 — SD Code / Title 31 / Chapter 3 / Section 31-3-12
Limitation of jurisdiction of township supervisors
Status: in_force

The board of township supervisors may not vacate or change any portion of the state trunk highway system, the county highway system, or any highway within the corporate limits of any municipality.

Source: SL 1935, ch 125, § 3; SDC 1939, § 28.0413; SL 1978, ch 219; SL 1984, ch 208, § 3.
S.D. Codified Laws § 31-28-29 — SD Code / Title 31 / Chapter 28 / Section 31-28-29
Activities of technical professionals not limited
Status: in_force

Nothing in this chapter limits the practice and activity of a professional licensed pursuant to chapter 36-18A , performing his or her professional duties.

Source: SL 2001, ch 160, § 4; SL 2010, ch 145, § 147.
S.D. Codified Laws § 31-22-1 — SD Code / Title 31 / Chapter 22 / Section 31-22-1
Right to access from isolated tract to highway
Status: in_force

Every owner of an isolated tract of land containing at least ten acres not touched by a passable public highway or smaller tract of land containing at least five acres used or intended to be used in good faith in whole or in part for residential purposes is entitled to an easement or right - of - way across adjacent lands to reach a public highway, which easement or right - of - way may be secured as provided in this chapter. An isolated tract is further defined as an area which is either inaccessible by motor vehicle because of natural barriers from all other land owned by the owner of the isolated tract or is such an area which is not touched by a passable public highway, which is in use or reasonably usable for motor vehicles. A tract of land adjoining a section line right - of - way for at least sixty - six feet is not an isolated tract if a passable road can be built within the adjoining section line to connect to a passable public highway.

Source: SL 1935, ch 179, § 1; SDC 1939, § 28.0801; SL 1955, ch 101; SL 1970, ch 161; SL 2004, ch 198, § 1.
S.D. Codified Laws § 31-5-10.2 — SD Code / Title 31 / Chapter 5 / Section 31-5-10.2
Indefinite delivery and indefinite quantity
Status: in_force

For a potential future highway improvement or repair involving an indefinite quantity of a service for a fixed time, the department may contract for the service using indefinite delivery and indefinite quantity contracting if the following conditions are met:

(1) The request for proposals for the contract includes:

(a) The scope of the service required;

(b) The geographic parameters within which the service is to be performed;

(c) A specific contract period for which the service will be required that does not exceed five years, including extensions; and

(d) A bid schedule that includes the minimum quantity of the service that will be required during the contract period; and

(2) The contract is awarded to the lowest responsive bidder, unless the bid is rejected by the Transportation Commission.

Source: SL 2021, ch 124, § 3.
S.D. Codified Laws § 31-14-34 — SD Code / Title 31 / Chapter 14 / Section 31-14-34
Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent
Status: in_force

The county highway superintendent shall make inspection of all culverts on secondary highways other than those described in § 31-14-33 and of all culverts on the county highway system and report to the board of county commissioners, which shall cause necessary repairs to be made.

Source: SDC 1939, § 28.1415.
S.D. Codified Laws § 31-5-26 — SD Code / Title 31 / Chapter 5 / Section 31-5-26
Supervision of design and construction of joint facilities
Status: in_force

The design and construction of a joint facility is under the supervision of the state engineer, as provided in § 5-14-2 , is subject to the approval of the Transportation Commission and the governing body of the involved unit of government.

Source: SL 1981, ch 224, § 4.
S.D. Codified Laws § 31-29-71.5 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.5
Municipal signs exempt from permit requirement
Status: in_force

Any sign, display, or device located within the corporate limits of a municipality is exempt from the requirements of § 31-29-71 .

Source: SL 1986, ch 240, § 3.
S.D. Codified Laws § 31-8-11 — SD Code / Title 31 / Chapter 8 / Section 31-8-11
Elimination of grade crossings
Status: in_force

The state or any of its subdivisions may provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation or service road, or by closing off the roads and streets at the right of way boundary line of such controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not a part of the facility may intersect the facility at grade.

Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 72.
S.D. Codified Laws § 31-4-234 — SD Code / Title 31 / Chapter 4 / Section 31-4-234
State Highway 377 from State Highway 44 to Badlands National Park
Status: in_force

The state trunk highway system includes the following in Jackson County:

From a point on State Highway 44 near the west line of section four, township four south, range eighteen east in Interior, thence northeast via Interior to the Badlands National Park boundary near the west line of section thirty - four, township three south, range eighteen east.

Source: SL 1984, ch 209, § 107.
S.D. Codified Laws § 31-4-14.2 — SD Code / Title 31 / Chapter 4 / Section 31-4-14.2
Notice of closure or use restriction
Status: in_force

Notice to the public that a state trunk highway is closed or its use is restricted shall be given in one or more of the following forms:

(1) Erection of suitable barriers upon the highway to restrict or prohibit travel;

(2) Issue warning and notice of the condition of the highway for travel in generally available media outlets;

(3) Post signs for direction of traffic upon the highway relative to use or nonuse of the highway;

(4) Place warning devices on the highway; or

(5) Place flagmen to warn, detour, or direct traffic on the highway.

Source: SL 1980, ch 208, § 2; SL 1996, ch 188, § 2; SL 2010, ch 146, § 1.
S.D. Codified Laws § 31-3-46 — SD Code / Title 31 / Chapter 3 / Section 31-3-46
Procedures for highway appeals from township board of supervisors
Status: in_force

Upon the filing of a notice of appeal pursuant to § 31-3-14 and unless a petition or motion is filed with circuit court, the question shall be submitted to a vote of the voters at the next regular or special township meeting of the voters. The township clerk shall in the notice of such meeting state that the question of vacating, changing, or locating such highway shall be submitted to a vote of the voters. The result of the vote upon such question shall be spread upon the minutes of the meeting and the decision of the voters upon such question is final. If a two - thirds majority of the votes cast is in favor of vacating, changing, or locating the highway, the highway shall be vacated, changed, or located without further proceedings.

Source: SL 1994, ch 236.
S.D. Codified Laws § 31-12-48 — SD Code / Title 31 / Chapter 12 / Section 31-12-48
Designation of no maintenance highway--Removal of manmade obstruction
Status: in_force

For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under § 31-12-46 , the board may designate the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.

Source: SL 2018, ch 172, § 1; SL 2019, ch 128, § 1.
S.D. Codified Laws § 31-29-71.12 — SD Code / Title 31 / Chapter 29 / Section 31-29-71.12
Criteria for outdoor advertising--Zoned commercial adjacent to primary system
Status: in_force

Any zoned commercial or industrial area adjacent to the primary system is acceptable for outdoor advertising purposes to the extent it is lawfully enacted by the local governmental unit and it is within one mile of an incorporated municipality or within one mile of a commercial or industrial activity.

Source: SL 1986, ch 240, § 10.
S.D. Codified Laws § 31-4-130 — SD Code / Title 31 / Chapter 4 / Section 31-4-130
State Highway 10 from Pollock to Minnesota
Status: in_force

The state trunk highway system includes the following in Campbell, McPherson, Brown, Marshall, and Roberts counties:

(1) From a point on State Highway 1804 near the north line of section twenty - one, township one hundred twenty - eight north, range seventy - eight west, thence northeast via Pollock and east to U.S. Highway 83 north of Herreid near the northeast corner of section eighteen, township one hundred twenty - eight north, range seventy - six west;

(2) From a point on U.S. Highway 83 north of Mound City near the northwest corner of section five, township one hundred twenty - six north, range seventy - six west, thence easterly via Eureka and Leola to U.S. Highway 281 north of Aberdeen near the northeast corner of section twenty - two, township one hundred twenty - six north, range sixty - four west;

(3) From a point on U.S. Highway 281 north of Aberdeen near the northwest corner of section two, township one hundred twenty - six north, range sixty - four west, thence easterly via Britton, Lake City, and Sisseton to the Minnesota state line on the east line of section thirteen, township one hundred twenty - five north, range fifty west.

Source: SL 1984, ch 209, § 3.
S.D. Codified Laws § 31-32-3.2 — SD Code / Title 31 / Chapter 32 / Section 31-32-3.2
Authorized dumping on highway right-of-way
Status: in_force

Any governmental employee or person involved in the construction or maintenance of public highway right - of - way or any person authorized by permit or contract with the governmental entity with jurisdiction over the highway right - of - way may dump a load of highway construction or maintenance materials on or within the highway right - of - way.

Source: SL 1987, ch 212, § 2.
S.D. Codified Laws § 31-29-62 — SD Code / Title 31 / Chapter 29 / Section 31-29-62
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Abandoned sign," a sign or sign structure that is blank, obliterated or displays obsolete advertising material for a period in excess of twelve continuous months;

(2) "Advertising area," the area of the sign face including border and trim, but not supports or aprons;

(3) "Blank sign," a sign that is void of advertising material;

(4) "Department," the South Dakota State Department of Transportation;

(5) "Directional information," route markers, mileage markers, directions to on-site location and information sufficient to guide a traveling motorist to a specific facility;

(6) "Directional sign," a sign designated, described and authorized by 23 U.S.C. § 131(c)(1) and the rules and regulations promulgated thereunder as of July 1, 1979;

(7) "Information center," an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the Department of Tourism may consider desirable;

(8) "Interstate system," that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the state Department of Transportation and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;

(9) "Obliterated sign," a sign that is totally or partially painted out so as not to identify a particular product, service or facility;

(10) "Obsolete advertising material," material advertising a product or service no longer in use or available;

(11) "On-premise sign," a sign identifying an establishment's activities, products or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located;

(12) "Outdoor advertising," any outdoor sign, display, device, light, figure, drawing, painting, message, plaque, poster, or billboard, which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary systems;

(13) "Primary system," that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state department of transportation, and approved by the United States secretary of transportation, pursuant to the provisions of Title 23, United States Code;

(14) "Quadrant of an interstate interchange," one of the four quarters created by the intersection of an interstate highway and a crossroad that is not part of the interstate system;

(15) "Safety rest area," an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;

(16) "Service road," a graded and surfaced road providing public access to property within two thousand five hundred feet of an interstate highway centerline;

(17) "Specific or defined area," an economic area that would suffer substantial economic hardship by the removal of any directional sign, display, or device, providing directional information about goods and services in the interest of the traveling public;

(18) "Tourist oriented directional sign, display or device providing directional information about goods and services in the interest of the traveling public," any sign, display, or device giving directional information pertaining to rest stops, food services, lodging, campgrounds, gasoline and automotive services, and natively produced handicraft goods, and informing the traveling public of highway route mileage and site location and reference. Such directional information shall be in existence on such signs as of May 5, 1976;

(19) "Urban area," as defined by 23 U.S.C. § 101; and

(20) "Zoned commercial or industrial areas," those areas which are zoned commercial or industrial pursuant to Title 11.

Source: SL 1977, ch 246, § 2; SL 1979, ch 202, § 6; SL 1986, ch 240, § 1; SL 1991, ch 235, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 59; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2018, ch 169, § 3; SL 2021, ch 128, § 7.
S.D. Codified Laws § 31-24-2 — SD Code / Title 31 / Chapter 24 / Section 31-24-2
Approaches necessitated by highway construction--Maintenance
Status: in_force

Approaches required by § 31-24-1 shall be built by the highway authority constructing the highway if the building of such approach becomes necessary as a result of highway construction. In all cases any such structure, culvert, bridge, or approach so constructed shall be maintained and kept in repair by the highway authorities who are charged with the maintenance of the highway.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 114.
S.D. Codified Laws § 31-17-12 — SD Code / Title 31 / Chapter 17 / Section 31-17-12
Township boundary line highways--Parties and procedure in action to require contribution
Status: in_force

In the action authorized by § 31-17-11 the moving township shall be the plaintiff and the adjoining township shall be the defendant; the action shall be commenced by the service of summons and complaint as in civil cases and shall be governed by the rules of civil procedure.

Source: SL 1961, ch 152, § 6.
S.D. Codified Laws § 31-17-9 — SD Code / Title 31 / Chapter 17 / Section 31-17-9
Township boundary line highways--Service of resolution--Notice of meetings
Status: in_force

A copy of a resolution adopted under § 31-17-8 may then be served upon the board of supervisors of the adjoining township and such board shall within thirty days thereafter call a special meeting for the purpose of considering such resolution, and shall give notice in writing to the board of supervisors of the moving township of the time and place of such meeting, at least ten days in advance.

Source: SL 1961, ch 152, § 3.
S.D. Codified Laws § 31-4-179 — SD Code / Title 31 / Chapter 4 / Section 31-4-179
U.S. Highway 81 from Missouri River to Interstate Highway 29
Status: in_force

The state trunk highway system includes the following in Yankton, Hutchinson, McCook, Miner, Lake, Kingsbury, Hamlin, and Codington counties:

(1) From the center of the Missouri River Bridge south of Yankton northerly via Yankton and Salem to U.S. Highway 14 south of Arlington in the southwest quarter of section eighteen, township one hundred ten north, range fifty - two west;

(2) From a point on U.S. Highway 14 at Arlington near the west quarter corner of section six, township one hundred ten north, range fifty - two west, thence northerly via Arlington and Watertown to Interstate Highway 29 northeast of Watertown near the south quarter corner of section fifteen, township one hundred seventeen north, range fifty - two west.

Source: SL 1984, ch 209, § 52.
S.D. Codified Laws § 31-4-181 — SD Code / Title 31 / Chapter 4 / Section 31-4-181
U.S. Highway 85 from Wyoming to North Dakota
Status: in_force

The state trunk highway system includes the following in Lawrence, Butte, and Harding counties:

(1) From a point on the Wyoming state line on the west line of section thirty - one, township three north, range one east, thence northeasterly to Cheyenne Crossing in the northwest quarter of section twenty - two, township four north, range two east;

(2) From a point on U.S. Highway 14 Alternate in Lead in section thirty - two, township five north, range three east, thence northeasterly via Lead and Deadwood to U.S. Highway 14 Alternate in Deadwood near the southwest corner of section twenty - three, township five north, range three east;

(3) From a point on U.S. Highway 14 Alternate in Deadwood near the southwest corner of section thirteen, township five north, range three east, thence northwesterly to Interstate Highway 90 east of Spearfish in section fifteen, township six north, range three east;

(4) From a point on Interstate Highway 90 north of Spearfish in section thirty - four, township seven north, range two east, thence north via Belle Fourche and Buffalo to the North Dakota state line.

Source: SL 1984, ch 209, § 54; SL 1994, ch 237, § 13.
S.D. Codified Laws § 31-13-8 — SD Code / Title 31 / Chapter 13 / Section 31-13-8
Payments on contracts
Status: in_force

All work done under any contract let by the supervisors of any township shall be paid by the township treasurer out of the highway fund in his hands belonging to the township in which such work is done, on an order of the board of supervisors of such township certifying the amount of work done and the amount to be paid for the same.

Source: SL 1911, ch 221, § 6; RC 1919, § 8555; repealed SL 1919, ch 333, § 69; re - enacted SDC 1939, § 28.0403.
S.D. Codified Laws § 31-3-39 — SD Code / Title 31 / Chapter 3 / Section 31-3-39
Field notes--Furnishing to board of supervisors of township
Status: in_force

Upon the written request of the board of supervisors of any township, the county auditor shall furnish a copy of the description, field notes, and plat, if any, of each highway running into or through such township, as appears by the description, field notes, and plat on file or of record in his office.

Source: SL 1883, ch 112, § 98; CL 1887, § 1346; RPolC 1903, § 1757; RC 1919, § 8625; SDC 1939, § 28.0617.
S.D. Codified Laws § 31-17-10 — SD Code / Title 31 / Chapter 17 / Section 31-17-10
Township boundary line highways--Purpose of joint meeting
Status: in_force

At the meeting provided for by § 31-17-9 , the board of supervisors of the moving township and that of the adjoining township shall meet jointly and consider the construction, improvement, or repair of said boundary line highway, and shall endeavor to come to some mutual agreement thereon.

Source: SL 1961, ch 152, § 4.
S.D. Codified Laws § 31-32-17 — SD Code / Title 31 / Chapter 32 / Section 31-32-17
Negotiation with owner for abatement of nuisance
Status: in_force

If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by § 31-32-16 exists along any highway in respect to which highway the department, board, or governing body has the duty of maintaining, the department, board, or governing body shall negotiate with the owner of the property on which the nuisance exists for the voluntary abatement of the nuisance.

Source: SL 1945, ch 123, § 2; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 179.
S.D. Codified Laws § 31-12-6 — SD Code / Title 31 / Chapter 12 / Section 31-12-6
County system at expense of entire county--Tax levy
Status: in_force

The county highway system shall be permanently constructed and improved, and shall be maintained and repaired at the expense of the whole county, and the funds necessary therefor shall be levied and collected in the same manner as other county taxes, and it shall be the duty of the board of county commissioners to determine upon and make such levy in the manner now provided by law.

Source: SL 1919, ch 333, § 16; SDC 1939, § 28.0303.
S.D. Codified Laws § 31-12A-29 — SD Code / Title 31 / Chapter 12A / Section 31-12A-29
Consolidated road districts authorized--Governing body to propose consolidation by resolution
Status: in_force

Two or more road districts may form a consolidated road district that comprises their combined area pursuant to §§ 31-12A-29 to 31-12A-36 , inclusive. The governing body of each road district shall by resolution propose the formation of the consolidated road district, specifying the road districts proposed to be included within the boundaries of the consolidated road district.

Source: SL 2001, ch 159, § 1.
S.D. Codified Laws § 31-12A-25 — SD Code / Title 31 / Chapter 12A / Section 31-12A-25
Laws applicable to proceedings for constructing roads, borrowing money, making special assessments, and issuing bonds
Status: in_force

All proceedings for constructing and maintaining the roads and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26 , 9-40 , 9-43 , 9-45 , and 9-46 .

Source: SL 1977, ch 241, § 24; SL 1982, ch 224, § 4.
S.D. Codified Laws § 31-32-1 — SD Code / Title 31 / Chapter 32 / Section 31-32-1
Intentionally damaging highway or bridge--Felony
Status: in_force

Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony.

Source: PenC 1877, § 686; CL 1887, § 6875; RPenC 1903, § 704; RC 1919, § 4308; SDC 1939, § 13.4515.
S.D. Codified Laws § 31-26-23.1 — SD Code / Title 31 / Chapter 26 / Section 31-26-23.1
Agreements with owners of utility lines and facilities for future relocation--Limitation
Status: in_force

Notwithstanding the provisions of § 31-26-23 , the Department of Transportation may enter into agreements with the owners of utility lines and facilities providing for the future relocation, at the department's expense, of utility lines and facilities located within any highway right - of - way. However, the department may enter into such agreements only if existing utility lines or facilities on private property will be located within the right - of - way as the result of a highway construction project.

Source: SL 2004, ch 199, § 1.
S.D. Codified Laws § 31-4-133 — SD Code / Title 31 / Chapter 4 / Section 31-4-133
State Highway 13 from State Highway 34 to U.S. Highway 14
Status: in_force

The state trunk highway system includes the following in Moody and Brookings counties:

From a point on State Highway 34 south of Flandreau near the southwest corner of section three, township one hundred six north, range forty - eight west, thence northerly via Flandreau and Elkton to U.S. Highway 14 north of Elkton near the northeast corner of section eight, township one hundred nine north, range forty - seven west.

Source: SL 1984, ch 209, § 6.
S.D. Codified Laws § 31-13-52 — SD Code / Title 31 / Chapter 13 / Section 31-13-52
Levy of special assessments--Addition to general levy--Review and equalization
Status: in_force

The township board of supervisors prior to the assessment of real property may, by resolution, designate the real property, the lot, or the portion of lots or real property against which the assessment is to be levied, the amount of the assessment against the real property, lot, or portions thereof for such purposes, and direct the county auditor to add such assessment to the general assessment against the property to be collected as township taxes for general purposes. The assessment shall be subject to review and equalization the same as assessments or taxes for general purposes. For the purposes of this section, front foot, shall mean the actual front of the premises as established by the buildings thereon, record title and use of the property regardless of the original plat thereof.

Source: SL 1979, ch 197, § 21.
S.D. Codified Laws § 31-11-28 — SD Code / Title 31 / Chapter 11 / Section 31-11-28
Lease to contractors of county and township road equipment
Status: in_force

The board of supervisors of any township or a board of county commissioners may lease to a contractor any scraper, grader, or other road tools or machinery belonging to the township or county.

Source: SL 1911, ch 221, § 20; RC 1919, § 8566; SDC 1939, § 28.0118.
S.D. Codified Laws § 31-7-17 — SD Code / Title 31 / Chapter 7 / Section 31-7-17
Temporary rest stops permitted--Time limit
Status: in_force

No person temporarily resting in any vehicle is in violation of the provisions of § 31-7-15 . For purposes of this section, temporarily resting means stopping, parking, or otherwise keeping or occupying any vehicle in a rest area, or any portion thereof not officially designated for camping, for not more than three consecutive hours or, if the driver of a commercial motor vehicle subject to the provisions of 49 C.F.R. Part 395, as of January 1, 2009, for not more than ten consecutive hours.

Source: SL 1973, ch 193, § 4; SL 2001, ch 158, § 1; SL 2010, ch 145, § 62.
S.D. Codified Laws § 31-4-147 — SD Code / Title 31 / Chapter 4 / Section 31-4-147
State Highway 22 from U.S. Highway 212 to Minnesota
Status: in_force

The state trunk highway system includes the following in Hamlin and Deuel counties:

(1) From Hazel to U.S. Highway 81 south of Watertown near the northeast corner of section nineteen, township one hundred fifteen north, range fifty - two west;

(2) From a point on U.S. Highway 81 south of Watertown near the northwest corner of section thirty - two, township one hundred fifteen north, range fifty - two west, thence easterly to the Minnesota state line east of the southwest corner of section thirty - three, township one hundred fifteen north, range forty - seven west.

Source: SL 1984, ch 209, § 20; SL 1992, ch 202, § 1.
S.D. Codified Laws § 31-14-46 — SD Code / Title 31 / Chapter 14 / Section 31-14-46
Unlawful agreements on contracts--Offering or receiving bribes--Felony
Status: in_force

Any person receiving, or having any agreement to receive, a royalty, commission, percentage, or discount upon the contract price of any bridge, or piece of work, or bridge material, and who shall submit his sealed bid thereon with intent to secure the advantage of any competitive bidder, or any two or more persons who shall conspire together with intent to prevent competitive bidding upon any contract authorized by the provisions of this chapter or chapter 31-10 , or any officer or agent for any bridge company who shall give, or offer to give, to any public official anything of value for the purpose of influencing such official in awarding any contract authorized by such chapters, or any public official who shall receive or accept anything of value from any officer or agent for any such bridge company, shall be guilty of a Class 6 felony.

Source: SL 1919, ch 333, § 39; SDC 1939, § 28.9914.
S.D. Codified Laws § 31-13-1 — SD Code / Title 31 / Chapter 13 / Section 31-13-1
Township road system--Township board responsible for township roads
Status: in_force

The board of township supervisors shall construct, repair, and maintain all of the township roads within the township except for section lines designated as no maintenance section lines pursuant to § 31-13-1.4 and roads designated as no maintenance roads pursuant to § 31-13-1.6 . The township road system consists of section line roads; judicially declared roads; roads impliedly accepted by the township through routine performance of certain maintenance activities, such as grading, graveling and snow removal, and accepting funds from the county pursuant to §§ 32-11-4.1 and 32-11-6 for a period of at least fifteen years; and any other roads designated by resolution of the board as being on the township road system. A road may only be vacated through the process specified in chapter 31-3 . Before a road may be added to the township road system, the road shall meet the minimum requirements specified in §§ 31-18-2 and 31-13-4 , unless the board, by resolution, waives this requirement.

Source: SDC 1939, § 28.0401; SL 1989, ch 252, § 1; SL 2012, ch 158, § 1; SL 2013, ch 131, § 1; SL 2015, ch 154, § 1.
S.D. Codified Laws § 31-27-3 — SD Code / Title 31 / Chapter 27 / Section 31-27-3
Filing required for establishment of crossing--Approval
Status: in_force

No crossings at, above, or below grade, may be established except under plans and specifications filed with the Department of Transportation. Plans and specifications for crossings do not require the approval of the department unless a controversy exists between the applicant and the railroad.

Source: SL 1919, ch 292; SDC 1939, § 28.1101; SL 1980, ch 322, § 113; SL 1984, ch 216, § 6.
S.D. Codified Laws § 31-4-173 — SD Code / Title 31 / Chapter 4 / Section 31-4-173
State Highway 63 from U.S. Highway 18 to North Dakota
Status: in_force

The state trunk highway system includes the following in Todd, Mellette, Jackson, Haakon, Stanley, Ziebach, Dewey, and Corson counties:

(1) From a point on U.S. Highway 18 east of Martin near the center of section five, township thirty-eight north, range thirty-one west, thence northwesterly to a point south of State Highway 44 near the west quarter corner of section two, township forty north, range thirty-three west;

(2) From a point on State Highway 44 west of White River near the southwest corner of section thirty-six, township forty-two north, range thirty-three west, thence northerly via Belvidere to Interstate Highway 90 near the center of section twenty-nine, township two south, range twenty-four east;

(3) From a point on Interstate Highway 90 northeast of Belvidere near the southwest corner of section nine, township two south, range twenty-five east, thence north to U.S. Highway 14 in the southwest quarter of section six, township one north, range twenty-five east;

(4) From a point on State Highway 34 west of Kellar's Corner near the southwest corner of section twenty, township five north, range twenty-five east, thence northerly to U.S. Highway 212 west of Eagle Butte near the northwest corner of section thirteen, township twelve north, range twenty-three east;

(5) From a point on U.S. Highway 212 east of Eagle Butte near the southeast corner of section eleven, township twelve north, range twenty-four east, thence northerly to State Highway 20 west of Timber Lake near the northeast corner of section twenty-four, township seventeen north, range twenty-three east;

(6) From a point on State Highway 20 south of McLaughlin near the southwest corner of section thirty-three, township eighteen north, range twenty-seven east, thence north via McLaughlin to the North Dakota state line near the northeast corner of section nineteen, township twenty-three north, range twenty-seven east.

Source: SL 1984, ch 209, § 46; SL 2012, ch 156, § 1.
S.D. Codified Laws § 31-12-1 — SD Code / Title 31 / Chapter 12 / Section 31-12-1
Established highway systems perpetuated
Status: in_force

The county highway system as heretofore designated and established in each organized county of the state is hereby perpetuated.

Source: SL 1919, ch 333, § 10; SDC 1939, § 28.0301.
S.D. Codified Laws § 31-7-12 — SD Code / Title 31 / Chapter 7 / Section 31-7-12
Expenditures segregated in annual report
Status: in_force

The Department of Transportation shall segregate in its annual report all expenditures related to the construction and maintenance of the interstate system.

Source: SL 1955, ch 104, § 5; SDC Supp 1960, § 28.0235; SL 1963, ch 163.
S.D. Codified Laws § 31-12A-23 — SD Code / Title 31 / Chapter 12A / Section 31-12A-23
Certification to county auditor of delinquent charges for services--Penalty and interest--Tax sale--Referendum on assessment or bond issue
Status: in_force

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for road district service rendered or made available to any land within and part of the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and are payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-112 and 9-43-113 apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments. Five percent of the eligible voters of the district may petition the board of trustees for referendum of any special assessment or bond issue. A majority of the eligible voters of the district who own the lots, tracts, or parcels of land subject to a special assessment or bond issue by the road district is required for approval of the special assessment or bond issue. For purposes of a referendum, if more than one person holds an interest in a lot, tract, or parcel of land subject to a special assessment or bond issue, the vote for the lot, tract, or parcel of land shall be exercised as the owners may among themselves determine and in no event may more than one vote be cast with respect to any one lot, tract, or parcel of land in any referendum. The referendum shall be governed, to the extent applicable, by chapter 9-20 . The referendum petition shall be filed with the clerk of the district within twenty days after the notice of the levy of the special assessment or bond issue has been given the landowner.

Source: SL 1977, ch 241, § 25; SL 2003, ch 158, § 3; SL 2004, ch 193, § 1; SL 2014, ch 46, § 15; SL 2021, ch 43, § 20.
S.D. Codified Laws § 31-19-37 — SD Code / Title 31 / Chapter 19 / Section 31-19-37
Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality
Status: in_force

In any condemnation proceeding instituted by or on behalf of the State of South Dakota, the attorney general may stipulate or agree upon behalf of the State of South Dakota to exclude any property or part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the State of South Dakota by declaration of taking or otherwise. In the case of a municipality, the municipality's attorney or other duly authorized representative may take the action provided in this section.

Source: SL 1963, ch 195, § 8; SL 1990, ch 226, § 9.
S.D. Codified Laws § 31-28-28 — SD Code / Title 31 / Chapter 28 / Section 31-28-28
Unauthorized possession of official signs or markers as misdemeanor
Status: in_force

No person may possess any sign, guide board, mileage post, signal, or marker erected by the state or by any governmental subdivision unless obtained in a legal manner. A violation of this section is a Class 1 misdemeanor.

Source: SL 1977, ch 245; SL 1984, ch 207, § 76.
S.D. Codified Laws § 31-12A-30 — SD Code / Title 31 / Chapter 12A / Section 31-12A-30
Proposed consolidation submitted to eligible voters at special election
Status: in_force

The governing body of each road district described in § 31-12A-29 shall submit by resolution the question of consolidation to the eligible voters of each road district at a special election called for that purpose pursuant to chapter 6-16 . The proposition shall be submitted to the eligible voters of each road district on a separate ballot and shall be stated as to enable each eligible voter to vote for or against the proposed consolidation.

Source: SL 2001, ch 159, § 2; SL 2014, ch 46, § 18.
S.D. Codified Laws § 31-19-19 — SD Code / Title 31 / Chapter 19 / Section 31-19-19
Compensation paid out of state highway funds as part of cost of state trunk highway
Status: in_force

Whenever any land, easement in land or material is necessary for right - of - way in order to make a safe or proper grade, for the relocating of utility facilities, or for widening, changing, relocating, constructing, reconstructing, maintaining, or repairing any portion of the state trunk highway, or if it is necessary for providing cut slopes, borrow pits, channel changes, or to afford unobstructed vision on any state trunk highway and at any point of danger to public travel, for right - of - way and borrow pit, the State of South Dakota, through and by its Department of Transportation, or any county authorized by agreement to acquire on behalf of the state, shall acquire and pay for the same out of state highway funds unless it is otherwise agreed. The cost of the land or material and expense of purchase or condemnation shall be paid as part of the cost of the state trunk highway unless otherwise agreed.

Source: SL 1939, ch 113, § 1; SDC Supp 1960, § 28.13A01; SL 1965, ch 135; SL 2004, ch 196, § 5.
S.D. Codified Laws § 31-22-5 — SD Code / Title 31 / Chapter 22 / Section 31-22-5
Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs
Status: in_force

The owner of the land over which such right - of - way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.

Source: SL 1935, ch 179, § 6; SDC 1939, § 28.0807.
S.D. Codified Laws § 31-30-8 — SD Code / Title 31 / Chapter 30 / Section 31-30-8
Acquisition of land for relocation where adequate screening not feasible
Status: in_force

The department may acquire by gift, purchase, exchange, or condemnation from the owner, interest in any land necessary to secure the relocation, removal, or disposal of the following junk yards if it determines that the topography of the land adjoining the highway does not permit adequate screening of the junk yard or the screening of the junk yard would not be practical:

(1) Those lawfully in existence on October 22, 1965;

(2) Those lawfully along any highway made a part of the interstate or primary system on or after October 22, 1965, and before January 1, 1968; and

(3) Those lawfully established on or after January 1, 1968.

Source: SL 1966, ch 86, § 8; SL 2010, ch 145, § 167.
S.D. Codified Laws § 31-13-1.7 — SD Code / Title 31 / Chapter 13 / Section 31-13-1.7
Posting of signs that no vehicle travel is advised on no maintenance road
Status: in_force

The board of township supervisors shall post signs on a no maintenance road to notify the motoring public that it is a no maintenance road and that no vehicle travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance road. A properly posted sign is prima facie evidence that adequate notice of a no maintenance road has been given to the motoring public.

Source: SL 2015, ch 154, § 3.
S.D. Codified Laws § 31-13-55 — SD Code / Title 31 / Chapter 13 / Section 31-13-55
Indemnity requirement for construction or survey work within road right-of-way
Status: in_force

An organized township may require any person performing construction or survey work within any township road right - of - way which may damage such right - of - way to furnish an indemnity bond in a reasonable amount as determined by the township board to indemnify the township for any damage done beyond normal wear. However, if a registered professional engineer or a registered land surveyor is surveying land, as defined in § 36-18A-4 , for an individual landowner of the township, the provisions of this section do not apply.

Source: SL 1984, ch 213, § 1; SL 1987, ch 29, § 12.
S.D. Codified Laws § 31-31-4 — SD Code / Title 31 / Chapter 31 / Section 31-31-4
Employment of assistance in weed removal
Status: in_force

The Department of Transportation and any board of county commissioners may employ the necessary assistance to carry out the necessary provisions of this chapter or may have the work done by the employees regularly employed by the department or the board. The department and the board may fix the compensation and expenses of persons employed by them for the purpose of carrying out the provisions of this chapter. The department and board may be paid out of any fund or funds available to the department or board for the maintenance and repair of the highway.

Source: SL 1939, ch 295, § 2; SDC Supp 1960, § 62.0202; SL 2010, ch 145, § 174.
S.D. Codified Laws § 31-5-21 — SD Code / Title 31 / Chapter 5 / Section 31-5-21
Mowing of ditches on state trunk highway--Rules--Priority to abutting landowner
Status: in_force

The Transportation Commission may, by rules promulgated pursuant to chapter 1-26 , authorize the mowing of ditches on the state trunk highway system. The rules shall establish when mowing may be done, by whom mowing may be done, how and where mowing may be done, and the time limit for removal of hay if mowing is done for hay production. However, the rules shall provide that the original owner or assigns of land abutting the ditches on the state trunk highway system shall be given priority for mowing.

Source: SL 1975, ch 192, § 1; SL 1987, ch 210, § 8; SL 1991, ch 232; SL 2004, ch 192, § 1.
S.D. Codified Laws § 31-19-1 — SD Code / Title 31 / Chapter 19 / Section 31-19-1
Right-of-way and borrow pit--Purchase or condemnation--Proceedings
Status: in_force

The land or material for right - of - way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said land or material is to be acquired by condemnation the proceedings shall be as provided by § 31-19-3 .

Source: SL 1939, ch 113, § 2; SDC Supp 1960, § 28.13A02; SL 1966, ch 83.
S.D. Codified Laws § 31-28-7 — SD Code / Title 31 / Chapter 28 / Section 31-28-7
Railway crossing signs--Maintenance--Violation as misdemeanor
Status: in_force

The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at points in conformity with standard uniform traffic control practices on each side of the place at which a highway crosses an operational railway track or right-of-way, except within the limits of municipalities, a standard railroad advance warning sign. The sign shall be on the right-hand side of the highway approaching such crossing and at a distance from the crossing as the department or other controlling body shall direct. Any legally abandoned or nonoperational track which is crossed by a public highway and at which the crossing has been properly marked as a railway grade crossing may be marked with a supplemental sign, meeting uniform traffic control practices, to inform drivers of vehicles identified in § 32-29-5 that a stop is not required at that crossing. Failure to comply with the provisions of this section is a Class 1 misdemeanor.

Source: SL 1923, ch 284, § 4; SDC 1939, § 28.9903; SDC 1939, § 28.0901 as added by SL 1941, ch 130; SDCL § 31-28-9 ; SL 1981, ch 228, § 1; SL 2010, ch 145, § 138.
S.D. Codified Laws § 31-29-64 — SD Code / Title 31 / Chapter 29 / Section 31-29-64
Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement
Status: in_force

On interstate highways or limited access primary highways outside municipalities, no outdoor advertising device may be located adjacent to or within five hundred feet of an interchange, intersection at grade or safety rest area. Such five hundred feet shall be measured along such highway from the beginning or ending of pavement widening at the exit from or entrance to the main - traveled way.

Source: SL 1977, ch 246, § 4.
S.D. Codified Laws § 31-12A-4 — SD Code / Title 31 / Chapter 12A / Section 31-12A-4
Public examination of survey, map, and petition
Status: in_force

Such survey, map, and petition when completed and verified shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within such territory for a period of not less than twenty days for examination by those having an interest in such application.

Source: SL 1977, ch 241, § 4.
S.D. Codified Laws § 31-22-7 — SD Code / Title 31 / Chapter 22 / Section 31-22-7
Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable
Status: in_force

If the right - of - way be laid along the line separating two farms, then the owner of the isolated tract for which such right - of - way was laid shall erect and maintain one - half of the fence along both sides of such right - of - way, but if it be laid through a farm and not along the border thereof, no fence will be deemed necessary unless requested by the owner of land through which such road passes, in which cases the owner of the isolated tract shall erect and maintain the fence along both sides of such right - of - way and shall locate at a point to be described by the owner of the land gates at least sixteen feet wide in each of such fences. But if no fence is requested the owner of such isolated land shall construct, maintain, and keep closed substantial and suitable gates in all fences which such roadway may cross. The laws of this state pertaining to the erection and maintenance of partition fences shall apply to the fencing of such right - of - way wherever not in conflict with this section.

Source: SL 1935, ch 179, § 5; SDC 1939, § 28.0805.
S.D. Codified Laws § 31-4-186 — SD Code / Title 31 / Chapter 4 / Section 31-4-186
State Highway 101 from State Highway 22 to Gary
Status: in_force

The state trunk highway system includes the following the Deuel County:

From a point on State Highway 22 south of Gary near the southeast corner of section twenty - one, township one hundred fifteen north, range forty - seven west, thence north to Gary near the southeast corner of section four, township one hundred fifteen north, range forty - seven west.

Source: SL 1984, ch 209, § 59.
S.D. Codified Laws § 31-2-34 — SD Code / Title 31 / Chapter 2 / Section 31-2-34
Action against state on construction contract--Venue of trial
Status: in_force

The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construction contract entered into by the South Dakota Department of Transportation. Any such action shall name the South Dakota Department of Transportation as defendant and the venue for trial shall be the county where all or part of the construction work was performed.

Source: SL 1964, ch 110, §§ 1, 2.
S.D. Codified Laws § 31-19-20.1 — SD Code / Title 31 / Chapter 19 / Section 31-19-20.1
Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter21-35action
Status: in_force

The acquiring of an easement or fee interest pursuant to 31-19-1.1 may not be admitted as evidence in any action under chapter 21-35 brought by any owner or operator of utility lines or facilities displaced as a result of a highway construction project. Any easement or fee interest acquired pursuant to § 31-19-1.1 may not serve as a basis for a finding of fraud, bad faith, or abuse of discretion under § 21-35-10.1 .

Source: SL 2004, ch 196, § 7.
S.D. Codified Laws § 31-4-223 — SD Code / Title 31 / Chapter 4 / Section 31-4-223
State Highway 253 from U.S. Highway 12 to State Highway 47
Status: in_force

The state trunk highway system includes the following in Edmunds County:

From a point on U.S. Highway 12 west of Roscoe near the southwest corner of section nineteen, township one hundred twenty - three north, range seventy - one west, thence north and west via Hosmer to State Highway 47 north of Bowdle near the northwest corner of section ten, township one hundred twenty - four north, range seventy - three west.

Source: SL 1984, ch 209, § 96.
S.D. Codified Laws § 31-12-45 — SD Code / Title 31 / Chapter 12 / Section 31-12-45
Approval of conservation district for repair of erosion damage--declaration--notice to landowner
Status: in_force

No operations to repair erosion damage pursuant to § 31-12-44 may be undertaken by the county unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the county. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the county, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.

Source: SL 1991, ch 233, § 2; SL 1992, ch 203, § 1.
S.D. Codified Laws § 31-3-17 — SD Code / Title 31 / Chapter 3 / Section 31-3-17
Reopening vacated section lines without payment of damages
Status: in_force

Nothing in this chapter may be construed to prevent the township board, county board, or the Transportation Commission from reopening highways so vacated without payment of damages to landowners on account of reopening said highway.

Source: SDC 1939, § 28.0416; SL 1985, ch 233, § 8.