reglab/housing_qa huggingface dataset:
SD Codified L § 31-19-8 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-8 - Service of summons--Unknown parties--Publication of summons.

31-19-8. Service of summons--Unknown parties--Publication of summons.The summons under §31-19-7 may be served as in civil actions unless otherwise provided in this chapter. If there are unknown owners or persons interested in the property to be taken or damaged, or if any of the defendants are not residents of the state, the plaintiff may apply to the court upon affidavit setting forth the nature of the proceeding, and the facts in relation to such unknown persons or nonresident defendants, for an order of publication of such summons, whereupon the court shall grant such order. Source: SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07.
SD Codified L § 31-19-9 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-9 - Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.

31-19-9. Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within ten days from the last publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published once a week for two successive weeks in some newspaper published and of general circulation in the county where the proceeding is had, and the publication of the same shall show at the top thereof the date of the last publication; and except as modified by §§31-19-7 to 31-19-10, inclusive, the proceedings for publication of the summons shall in all respects be governed by the provisions of Title 15, relating to publication of summons. Source: SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07.
SD Codified L § 31-19-10 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-10 - Personal service on nonresident defendant.

31-19-10. Personal service on nonresident defendant.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.
SD Codified L § 31-19-10.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-10.1 - Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

31-19-10.1. Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.Within thirty days of the service of summons provided in §31-19-7 or service of the declaration of taking provided in §31-19-26, a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons. Source: SL 1976, ch 184, §1; SL 1977, ch 242, §1; SL 1990, ch 226, §1.
SD Codified L § 31-19-11 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-11 - Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.

31-19-11. Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding the circuit court for the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for a regular or special term of the circuit court. Source: SL 1953, ch 152; SDC Supp 1960, §28.13A07.
SD Codified L § 31-19-12 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-12 - Hearing at special term--Rights of defendants--Rules of civil procedure applicable.

31-19-12. Hearing at special term--Rights of defendants--Rules of civil procedure applicable.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.
SD Codified L § 31-19-13 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-13 - Conduct of proceedings--Notice of trial.

31-19-13. Conduct of proceedings--Notice of trial.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.
SD Codified L § 31-19-14 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-14 - Continuance respecting unserved defendants.

31-19-14. Continuance respecting unserved defendants.As to all defendants not served before the trial the proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants. Source: SL 1939, ch 113, §8; SDC Supp 1960, §28.13A08.
SD Codified L § 31-19-15 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-15 - View of premises by jury.

31-19-15. View of premises by jury.Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury. Source: SL 1939, ch 113, §9; SDC Supp 1960, §28.13A09.
SD Codified L § 31-19-16 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-16 - Compensation ascertained by jury--Separate verdicts for separate tracts.

31-19-16. Compensation ascertained by jury--Separate verdicts for separate tracts.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.
SD Codified L § 31-19-17 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-17 - Benefits to defendant as affecting compensation.

31-19-17. Benefits to defendant as affecting compensation.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.
SD Codified L § 31-19-18 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-18 - Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.

31-19-18. Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.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.
SD Codified L § 31-19-19 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-19 - Compensation paid out of state highway funds as part of cost of state trunk highway.

31-19-19. Compensation paid out of state highway funds as part of cost of state trunk highway.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.
SD Codified L § 31-19-20 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-20 - Purchase or condemnation of land outside right-of-way--Payment--Procedure.

31-19-20. Purchase or condemnation of land outside right-of-way--Payment--Procedure.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.
SD Codified L § 31-19-20.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-20.1 - Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.

31-19-20.1. Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.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.
SD Codified L § 31-19-21 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-21 - Procedure as cumulative--General condemnation rules not impaired.

31-19-21. Procedure as cumulative--General condemnation rules not impaired.Nothing in §§31-19-1 to 31-19-19, inclusive, shall be construed as to impair any provisions of chapter 21-35, but the proceedings herein provided for shall be construed as additional and cumulative thereto. Source: SL 1939, ch 113, §13; SDC Supp 1960, §28.13A13.
SD Codified L § 31-19-23 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-23 - Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

31-19-23. Procedure to effect immediate taking--Declaration of taking--Contents of declaration.In any proceeding in any court of the State of South Dakota which has been or may be instituted by and in the name of and under the authority of the State of South Dakota through its Department of Transportation, or by a municipality, pursuant to a resolution of necessity for the acquisition of any land or easement or right-of-way in land for the public use, pursuant to §§31-19-1 to 31-19-20, inclusive, or pursuant to §9-12-1 or 9-27-1 and chapter 21-35, the petitioner may file in the cause, with the petition or any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the secretary of transportation or by the mayor of a municipality, declaring that the lands are thereby taken for the use of the State of South Dakota or by the municipality. The proceedings as provided under this chapter may be utilized by a municipality only if it is acquiring land, or an easement, or a right-of-way for streets or roadways, or uses directly associated to streets or roadways. The declaration of taking shall contain or have annexed thereto:(1)A statement of the authority under which, and the public use for which, said lands are taken;(2)A description of the lands taken sufficient for the identification thereof;(3)A statement of the estate or interest in said lands taken for said public use;(4)Name of owner of the property or persons in interest, as are known;(5)A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken and damaged;(6)Any prior written memoranda or agreement, right-of-way plans and specifications for the proposed highway, setting forth in detail the access roads, underpasses, overpasses, drainage facilities, and other features as pertain to the adjacent landowner's access to, and means of crossing over and under the proposed highway, together with a description of any additional factors which the state or municipality intends to rely upon in mitigation of damages. Any substantial deviation by the department of transportation or municipality from the written memoranda or agreement, plans and descriptions so filed which amounts to an additional taking or damage, shall entitle the affected landowner to proceed against the state or municipality for additional compensation;(7)A detailed appraisal upon which the amount of the state's or municipality's deposit is based. Source: SL 1963, ch 195, §1; SL 1990, ch 226, §2.
SD Codified L § 31-19-24 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-24 - Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.

31-19-24. Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.Title to the lands in such estate or interest therein as is specified in the declaration described in §31-19-23 shall vest in the State of South Dakota or the municipality, and the land shall be deemed to be condemned and taken for the use of the State of South Dakota or the municipality, and the right to just compensation for the same shall vest in the persons entitled thereto either on the date the decision is rendered at the hearing provided in §31-19-10.1 or the date the hearing is waived. Source: SL 1963, ch 195, §1; SL 1976, ch 184, §4; SL 1990, ch 226, §3.
SD Codified L § 31-19-25 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-25 - Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.

31-19-25. Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.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.
SD Codified L § 31-19-26 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-26 - Service of declaration of taking--Registered or certified mail.

31-19-26. Service of declaration of taking--Registered or certified mail.A copy of the declaration of taking filed pursuant to §31-19-23 and amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at their last known post office address. Source: SL 1963, ch 195, §1.
SD Codified L § 31-19-28 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-28 - Court deposit of money required for taking--Expediting distribution of money.

31-19-28. Court deposit of money required for taking--Expediting distribution of money.If the State of South Dakota through its Department of Transportation or a municipality elects to utilize the procedures set forth in §§31-19-23 to 31-19-27, inclusive, for possession of property, the petitioner shall deposit with the court the money required by §31-19-24 as a condition to the exercise of such power. In such cases, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the board's right to take as provided in §31-19-10.1. Source: SL 1963, ch 195, §3; SL 1976, ch 184, §6; SL 1990, ch 226, §5.
SD Codified L § 31-19-29 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-29 - Payment of moneys on deposit--Payment of additional moneys after award is made.

31-19-29. Payment of moneys on deposit--Payment of additional moneys after award is made.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.
SD Codified L § 31-19-30 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-30 - Payment to owner--Receipt by owner--Contents of receipt.

31-19-30. Payment to owner--Receipt by owner--Contents of receipt.Every owner entitled to deposit or portion thereof, before the same shall be paid to him by the clerk of courts, shall sign and execute a receipt therefor. Such receipt shall contain a description of the premises covered by the award. Source: SL 1963, ch 195, §2.
SD Codified L § 31-19-31 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-31 - Priority of proceedings to determine just compensation.

31-19-31. Priority of proceedings to determine just compensation.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.
SD Codified L § 31-19-32 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-32 - Right to jury trial--Waiver--Placing cause on calendar without notice.

31-19-32. Right to jury trial--Waiver--Placing cause on calendar without notice.The owner or any persons in interest shall have a jury trial, unless jury trial is waived, to determine their damages and such cause shall be placed on the court calendar for trial without notice at the next regular term of court in the county in which such case is pending. Source: SL 1963, ch 195, §10.