reglab/housing_qa huggingface dataset:
SD Codified L § 31-22-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-5 - Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.

31-22-5. Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.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.
SD Codified L § 31-22-6 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-6 - Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners.

31-22-6. Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners.Upon payment of the sum assessed to the owner of the land over which such right-of-way is laid or upon his refusal to accept the same upon the deposit of such sum with the clerk of courts of the county in which such lands are located, the right of the owner of such isolated tract to the free use of said right-of-way shall be complete; provided the owner of such isolated tract shall have paid all of the costs of the proceedings in laying out and assessing the damages of said right-of-way, and the commissioners shall each be entitled to a fee of three dollars per day and five cents for each mile necessarily traveled in going to and returning from the lands where such right-of-way is located. Source: SL 1935, ch 179, §4; SDC 1939, §28.0804.
SD Codified L § 31-22-7 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-7 - Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.

31-22-7. Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.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.
SD Codified L § 31-22-8 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-8 - Maintenance of right-of-way by dominant landowner.

31-22-8. Maintenance of right-of-way by dominant landowner.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.
SD Codified L § 31-23-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 23 - Performance Bonds On Highway Contracts|Section 31-23-1 - Performance bond required--Amount of bond--Conditions of bond.

31-23-1. Performance bond required--Amount of bond--Conditions of bond.Except as provided in §31-12-15, before any contract is entered into for the construction, repair, or improvement of any public highway by the State of South Dakota, or any public corporation within the State of South Dakota, the person to whom such contract is awarded shall furnish a performance bond running to the State of South Dakota in an amount not less than the contract price for the faithful performance of such contract, in the form and conditioned as required by the statutes of the State of South Dakota. Source: SL 1941, ch 135, §1; SDC Supp 1960, §28.1601; SL 1987, ch 60, §2.
SD Codified L § 31-23-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 23 - Performance Bonds On Highway Contracts|Section 31-23-2 - Laborer's or materialman's suit on bond--Time for payment.

31-23-2. Laborer's or materialman's suit on bond--Time for payment.Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a performance bond is furnished under §31-23-1 and who has not been paid in full therefor before the expiration of a period of six months after the day on which the last of the labor was done or performed by him or material furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him. Source: SL 1941, ch 135, §2; SDC Supp 1960, §28.1602.
SD Codified L § 31-23-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 23 - Performance Bonds On Highway Contracts|Section 31-23-3 - Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.

31-23-3. Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.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.
SD Codified L § 31-23-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 23 - Performance Bonds On Highway Contracts|Section 31-23-4 - Title of suit--Venue--Limitations--Costs and expenses.

31-23-4. Title of suit--Venue--Limitations--Costs and expenses.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.
SD Codified L § 31-23-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 23 - Performance Bonds On Highway Contracts|Section 31-23-5 - Remedy as exclusive.

31-23-5. Remedy as exclusive.The remedy provided for in this chapter shall be exclusive. Source: SL 1941, ch 135, §4; SDC Supp 1960, §28.1604.
SD Codified L § 31-24-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-1 - Duty of highway authorities to provide access to abutting property at public expense--New construction.

31-24-1. Duty of highway authorities to provide access to abutting property at public expense--New construction.If the construction, improvement, and repair of any public highway by the state, or by any county or township, leaves a ditch or elevation along the roadside and deprives any abutting landowner of easy and convenient access from the owner's land to the highway, the highway authority, except as provided by chapters 31-7 and 31-8, shall provide the owner of the abutting tract or farm, as well as each church, school, park, playground, or other public building or ground, with one point of easy and convenient access to a public highway by constructing at the public expense, such grades, approaches, bridges, culverts, or other structures as may be necessary for that purpose. However, the provision authorizing construction of entrances at the expense of the authority having charge of the maintenance only applies to new construction. Source: SL 1921, ch 250; SDC 1939, §28.0908; SL 1941, ch 132; SL 2010, ch 145, §113.
SD Codified L § 31-24-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-2 - Approaches necessitated by highway construction--Maintenance.

31-24-2. Approaches necessitated by highway construction--Maintenance.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.
SD Codified L § 31-24-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-3 - Limitation on number of farm entrances--Additional entrances at owner's expense.

31-24-3. Limitation on number of farm entrances--Additional entrances at owner's expense.The owner, as a matter of right, is not entitled under §31-24-1 to the construction of more than one farm entrance on any one tract or parcel of land at the expense of the public authority whose duty it is to maintain the highway. However, the owner may at the owner's expense upon making application to and receiving written consent of the authority construct other entrances if the entrances are constructed at the place and in the manner designated by the authority in its written permit. Source: SL 1921, ch 250; SDC 1939, §28.0908; SL 1941, ch 132; SL 2010, ch 145, §115.
SD Codified L § 31-24-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-4 - Additional entrances to property previously having more than one farm entrance--Limitations.

31-24-4. Additional entrances to property previously having more than one farm entrance--Limitations.Notwithstanding §31-24-3, if at the time of the construction, improvement, or repair of any public highway the abutting owner has more than one farm entrance to the highway, which entrance has been in reasonably constant use for more than two years prior to the new construction the owner shall be furnished a like number of entrances by the authority having charge of the construction, improvement, or repair, if the entrances do not materially add to the hazard of public travel on the highway. However, no owner of property adjoining the highway is entitled to more than two such entrances at the expense of the authority charged with the maintenance of the highway, on any one continuous half mile of adjoining property. Source: SDC 1939, §28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, §116.
SD Codified L § 31-24-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-5 - Construction on private property prohibited.

31-24-5. Construction on private property prohibited.No connecting structure or approach described by §31-24-1 may be constructed by the highway authorities upon private property nor beyond the right-of-way line. Source: SL 1921, ch 250; SDC 1939, §28.0908; SL 1941, ch 132; SL 2010, ch 145, §117.
SD Codified L § 31-24-6 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-6 - Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.

31-24-6. Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.If any public highway as already constructed is of such character as to deprive the owner of the abutting land of easy and convenient access from the owner's land to the highway, the owner of the land may, at the owner's expense, except as provided by chapters 31-7 and 31-8, construct an entrance to the abutting land. However, no entrance may be constructed until the landowner has obtained a permit from the authority whose duty it is to maintain the highway for the construction of the entrance. The entrance shall be constructed in accordance with plans approved by the authority. The authority shall fix the width and location of the entrance and the entrance shall be constructed in accordance therewith. Source: SDC 1939, §28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, §118.
SD Codified L § 31-24-7 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-7 - Interference with drainage--Obstruction of right-of-way.

31-24-7. Interference with drainage--Obstruction of right-of-way.No entrance may be so constructed pursuant to §31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes. Source: SDC 1939, §28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, §119.
SD Codified L § 31-24-9 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 24 - Highway Intersections And Private Entrances|Section 31-24-9 - Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense.

31-24-9. Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense.Township supervisors, county commissioners, the Department of Transportation, or others having direction of any highway grade shall provide at every place where such grade crosses an intersecting public highway an easy and accessible approach to such grade on each side thereof upon each such intersecting public highway. The approach shall be at least twenty-four feet in width. Any officer or other person charged with the duty of providing approaches at an intersection, as provided in this section, who fails in the performance of the duty, commits a petty offense. Source: SL 1919, ch 218, §§1, 2; SDC 1939, §§28.0909, 28.9907; SL 2010, ch 145, §121.
SD Codified L § 31-25-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-1 - Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.

31-25-1. Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.The board of county commissioners of any county having within its boundaries, any county, township, or section-line highway not included in §31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along the portion of such highway involved, and after a hearing is had, on notice mailed by the county auditor to all of said landowners, not less than ten days before such hearing, authorize such landowners to erect and maintain fences across such highway. However, the board of county commissioners shall require the erection of gates or grates, or both, in such fences at points designated by the board, so that the public may have access to the highway. Source: SL 1943, ch 39; SDC Supp 1960, §12.0617-3; SL 1984, ch 215, §1.
SD Codified L § 31-25-1.1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-1.1 - Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.

31-25-1.1. Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.A landowner may erect a fence across an unimproved county, township, or section-line highway. For the purposes of this section an unimproved county, township, or section-line highway is any county, township, or section line not commonly used as a public right-of-way and never altered from its natural state in any way for the purpose of facilitating vehicular passage. At any point where a fence crosses such highway, the landowner shall erect and maintain an unlocked gate which may be opened easily or provide other suitable access to the highway. If the gate or other access is not large enough or if the gate does not open easily enough to satisfy the needs of those using the highway, the landowner shall erect a larger gate or a gate that can be more easily opened or provide other suitable access to the highway. The landowner shall erect the larger gate or the gate which opens easily or provide the other suitable access upon a request filed with the sheriff of the county in which the land is located by an adversely affected person. If a request is filed, the sheriff shall notify the landowner. The landowner shall comply with the provisions of this section within seven days of notice. A landowner who violates any of the provisions of this section is guilty of a Class 2 misdemeanor. Source: SL 1984, ch 215, §2.
SD Codified L § 31-25-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-2 - Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.

31-25-2. Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.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.
SD Codified L § 31-25-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-3 - Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.

31-25-3. Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.If any person on whose land a cattle way is constructed pursuant to §31-25-2 fails to keep the same in repair, the proper board shall cause the same to be repaired and charge the cost thereof to the owner of such cattle way and such cost shall be recovered by a civil action by the state, county, or township against the owner of such land and cattle way. Source: SL 1911, ch 221, §28; RC 1919, §8570; SDC 1939, §28.0911.
SD Codified L § 31-25-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-4 - Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.

31-25-4. Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.The construction and maintenance of livestock guards over or across county or secondary highways so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across such livestock guards is hereby authorized. The construction and maintenance of such livestock guards shall not be considered as creating a barrier or obstruction on such highways. Source: SL 1953, ch 154, §1; SL 1959, ch 140, §1; SDC Supp 1960, §28.0910-1.
SD Codified L § 31-25-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-5 - Dimensions of livestock guard--Passage for wider vehicles.

31-25-5. Dimensions of livestock guard--Passage for wider vehicles.All livestock guards shall be at least ten feet wide on the ground. In addition, at one side of such livestock guard there shall be provided or constructed a gate, at least twenty feet wide to accommodate the passage of teams, and wider vehicles. Source: SL 1953, ch 154, §2; SL 1959, ch 140, §2; SDC Supp 1960, §28.0910-2.
SD Codified L § 31-25-6 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 25 - Fences, Cattle Ways And Livestock Guards|Section 31-25-6 - Authority of governing body required--Removal of livestock guard on order of governing body.

31-25-6. Authority of governing body required--Removal of livestock guard on order of governing body.No livestock guards shall be constructed under §31-25-4, unless constructed by or under the express authorization of the governing body having jurisdiction over such highways, provided that such livestock guards may be removed or ordered removed by such governing bodies whenever such livestock guards shall be deemed no longer necessary. Source: SL 1953, ch 154, §1; SL 1959, ch 140, §1; SDC Supp 1960, §28.0910-1.