reglab/housing_qa huggingface dataset:
SD Codified L § 31-19-33 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-33 - Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.

31-19-33. Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.After the right to compensation has vested pursuant to §31-19-24, the condemnation action in which the declaration of taking has been filed shall go to trial and just compensation shall be ascertained and awarded in the proceeding and be established by judgment. The judgment shall include interest at the Category A rate of interest as established in §54-3-16 on the amount finally awarded as the value of the property as of the date of the court deposit. Interest shall accumulate from that date to the date of payment, but interest may not be allowed on money which has been paid into the court. Source: SL 1963, ch 195, §1; SL 1983, ch 28, §44; SL 1984, ch 214; SL 1984, ch 319, §20.
SD Codified L § 31-19-34 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-34 - Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.

31-19-34. Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.If the compensation finally awarded to any defendant exceeds the amount which has been paid to him on distribution of the deposit, the court shall enter judgment against the petitioners and in favor of the defendant for the deficiency. If the compensation finally awarded to any defendant is less than the amount which has been paid to him on distribution of the deposit the court shall enter judgment against the defendant and in favor of the petitioner for the overpayment. Source: SL 1963, ch 195, §3.
SD Codified L § 31-19-35 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-35 - Prohibition against abandoning condemnation proceeding.

31-19-35. Prohibition against abandoning condemnation proceeding.A proceeding to condemn land for public use may not be abandoned after filing of declaration of taking, so as to deprive an owner whose property had been taken of his constitutional right to have damages assessed and paid in money. Source: SL 1963, ch 195, §7.
SD Codified L § 31-19-36 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-36 - Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.

31-19-36. Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.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.
SD Codified L § 31-19-37 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-37 - Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.

31-19-37. Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.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.
SD Codified L § 31-19-38 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-38 - Appeal as not delaying proceeding.

31-19-38. Appeal as not delaying proceeding.No appeal in any cause under §§31-19-23 to 31-19-34, inclusive, nor any bond or undertaking given therein operates to prevent or delay vesting of title, interest, or possession to such lands in the State of South Dakota or the municipality. Source: SL 1963, ch 195, §4; SL 1990, ch 226, §10.
SD Codified L § 31-19-40 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-40 - Procedure as cumulative.

31-19-40. Procedure as cumulative.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.
SD Codified L § 31-19-41.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-41.1 - Uneconomic remnant from land acquisition by county or first or second class municipality.

31-19-41.1. Uneconomic remnant from land acquisition by county or first or second class municipality.A county or first or second class municipality acquiring right-of-way for a highway or street improvement with federal-aid funds shall offer to acquire any remaining property remnant if the acquisition of only part of the property would leave its owner with an uneconomic remnant. Source: SL 1983, ch 229.
SD Codified L § 31-19-42 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-42 - Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.

31-19-42. Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.Any first or second class municipality, county, township, or other governmental agency may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the municipal, county, or township highway system, for the functional operation of the municipality, county, or township, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the municipality or county. The Department of Transportation may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the state highway system, for the functional operation of the department, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the state. The department may not acquire fee ownership in right-of-way taken by condemnation proceedings. Source: SL 1961, ch 145, §1; SL 1967, ch 116; SL 1983, ch 226, §1; SL 1986, ch 238, §1; SL 1992, ch 60, §2; SL 2010, ch 148, §1.
SD Codified L § 31-19-43 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-43 - Title to land.

31-19-43. Title to land.Land acquired pursuant to §31-19-42 is to be held in the name of the State of South Dakota acting by and through its Department of Transportation or the first or second class municipality or county which acquired the land. Source: SL 1961, ch 145, §1; SL 1967, ch 116; SL 1983, ch 226, §2.
SD Codified L § 31-19-44 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-44 - Lease of non-right-of-way property.

31-19-44. Lease of non-right-of-way property.The Department of Transportation may lease property acquired under §31-19-42 that will not be sold immediately. Source: SL 1961, ch 145, §4 as added by SL 1967, ch 116.
SD Codified L § 31-19-45 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-45 - Sale of non-right-of-way property.

31-19-45. Sale of non-right-of-way property.The Department of Transportation is authorized when in its opinion real estate acquired pursuant to §31-19-42 is no longer needed for the purpose it was acquired, to sell and dispose of same in the manner set forth by law for the disposal and sale of highway real property. Source: SL 1961, ch 145, §2; SL 1967, ch 116.
SD Codified L § 31-19-46 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-46 - Exchange of non-right-of-way property.

31-19-46. Exchange of non-right-of-way property. 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.
SD Codified L § 31-19-47 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-47 - Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.

31-19-47. Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.Whenever the owner of real property relinquishes possession of it to the Department of Transportation under an agreement whereby the amount of damages for the taking remain to be determined, interest shall accrue at the Category A rate of interest as established in §54-3-16 from the date of the agreement to the date of payment of the damages finally determined, whether the damages are determined by negotiation or condemnation, unless payment is tendered under the provisions of §31-19-48. Source: SL 1963, ch 193; SL 1964, ch 96; SL 1967, ch 117; SL 1983, ch 28, §45; SL 1984, ch 319, §21.
SD Codified L § 31-19-48 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-48 - Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.

31-19-48. Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.In the circumstances described by §31-19-47, the Department of Transportation may tender to the owner a portion or all of the state's estimated compensation for such acquisition. Tender of funds shall operate to stop the running of interest on the sum tendered. The landowner may accept such money without in any way prejudicing his rights during the trial of this matter, nor can this fact or the amount of money accepted hereunder, be brought before the court or jury by either the state or the landowner. Source: SL 1963, ch 193, §2 as added by SL 1967, ch 117.
SD Codified L § 31-19-49 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-49 - Financial assistance to persons displaced by highway acquisition.

31-19-49. Financial assistance to persons displaced by highway acquisition.If federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation, any board of county commissioners, or any county highway board may match such federal funds to the extent provided by federal regulation as of February3, 2005. Source: SL 1963, ch 194; SL 1969, ch 114; SL 1971, ch 178, §1; SL 1987, ch 210, §10; SL 1988, ch 48, §2; SL 2006, ch 156, §1.
SD Codified L § 31-19-49.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-49.1 - Financial assistance when federal funds are unavailable.

31-19-49.1. Financial assistance when federal funds are unavailable.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.
SD Codified L § 31-19-60 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|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.

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.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.
SD Codified L § 31-19-63 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-63 - Transfer of right-of-way between state and political subdivisions.

31-19-63. Transfer of right-of-way between state and political subdivisions.The state, by and through the Department of Transportation may convey and transfer any highway right-of-way held by the state to a political subdivision and the political subdivisions may convey and transfer such highway rights-of-way to the state or to each other without requiring payment therefor. Each conveyance shall be made only after mutual agreement between the grantor and grantee. Each conveyance and transfer shall be held by the grantee for public highway purposes. Source: SL 1971, ch 181, §1; SL 2009, ch 147, §2.
SD Codified L § 31-19-63.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-63.1 - Transfer of right-of-way to federal government or Indian tribe.

31-19-63.1. Transfer of right-of-way to federal government or Indian tribe.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.
SD Codified L § 31-19-64 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-64 - Order or resolution to transfer right-of-way--Conveyance--Effect.

31-19-64. Order or resolution to transfer right-of-way--Conveyance--Effect.If the Department of Transportation or the governing body of a political subdivision of this state holding public highway right-of-way deems it advisable and to the best interest of the public to convey such right-of-way as provided in §31-19-63 or 31-19-63.1, it shall by executive order or resolution direct that the property be so conveyed and transferred. Thereupon a deed of conveyance shall be made to the grantee, which deed shall vest in the grantee therein all the interest of the grantor in and to the right-of-way so conveyed. Source: SL 1971, ch 181, §2; SL 2009, ch 147, §3.
SD Codified L § 31-19-65 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 19 - Acquisition Of Land And Materials For Highway Purposes|Section 31-19-65 - Functional replacement of real property in public ownership.

31-19-65. Functional replacement of real property in public ownership.The Department of Transportation may, pursuant to state law, incur costs for the functional replacement of real property in public ownership. For the purpose of this section, functional replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.Application of this law requires that:(1)The property to be functionally replaced is in public ownership and its replacement is in the public interest;(2)The owning agency desiring the functional replacement submits a formal request to the Department of Transportation to take such action;(3)The current fair market value of the land or facility, or both, to be acquired for highway purposes is determined by appraisal; and(4)Replacement sites and construction are in compliance with existing codes, laws, and zoning regulations for the area in which the facility will be relocated. Source: SL 1991, ch 234, §1.
SD Codified L § 31-20-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-1 - Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.

31-20-1. Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.If deemed necessary by the Department of Transportation in order to avoid natural obstructions, to make a shorter system route, to eliminate curves, or to avoid valuable improvements, a highway may be located over and across any common school, endowment, or other state lands in the manner provided by law for laying out public highways, subject to the approval of the commissioner of school and public lands. Source: SL 1909, ch 32, §1; SL 1915, ch 214, §1; RC 1919, §8614; SDC 1939, §28.0108; SL 1953, ch 133; SL 2010, ch 145, §112.
SD Codified L § 31-20-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-2 - Filing map of proposed location with commissioner of school and public lands--Contents of map.

31-20-2. Filing map of proposed location with commissioner of school and public lands--Contents of map.Whenever it is proposed to locate any public highway over or across any common school, endowment, or other state lands, and prior to the locating of the same, there shall be filed in the office of the commissioner of school and public lands a map or plat of the proposed highway, clearly indicating the course of the same and the acreage required, and the amount of land proposed to be taken out of each smallest legal subdivision. Source: SL 1909, ch 32, §2; RC 1919, §8615; SDC 1939, §28.0109.
SD Codified L § 31-20-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-3 - Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.

31-20-3. Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.For the purpose of ascertaining the value of the land taken pursuant to §§31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway. Source: SL 1909, ch 32, §3; SL 1915, ch 214, §2; RC 1919, §8616; SDC 1939, §28.0110.
SD Codified L § 31-20-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-4 - Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.

31-20-4. Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.Within four months after appraisement pursuant to §31-20-3, and upon full payment of the same, a conveyance of the land to be taken for such proposed highway shall be executed by the Governor and attested by the commissioner of school and public lands, with his seal of office affixed, conditioned that should the same cease to be used for two successive years as a public highway, the title shall revert to the owner of the legal subdivision of which it forms a part. Source: SL 1909, ch 32, §3; SL 1915, ch 214, §2; RC 1919, §8616; SDC 1939, §28.0110.