reglab/housing_qa huggingface dataset:
SD Codified L § 31-20-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-5 - Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.

31-20-5. Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.Whenever the board of county commissioners determines that it is in the public interest, and in particular, to the interest of the county, the board may donate or sell and convey by quitclaim deed or easement to the State of South Dakota, for highway right-of-way purposes, the county's interest in any land it may have acquired by tax deed proceedings, without complying with chapter 6-13, or may dedicate for highway purposes any land it may have so acquired by filing a plat or dedication of same fully describing the bounds of said right-of-way, and thereafter, all conveyances made of said land shall be made subject to the conveyance, grant or dedication of said right-of-way. All such conveyances, easements, or dedications shall be executed in the name of the county, by the chairman of the board of county commissioners, and attested by the county auditor, and shall contain a provision that when said property conveyed or dedicated ceases for the period of two years to be used as a public highway same shall revert to the county or its assigns. Source: SL 1943, ch 40, §1; SDC Supp 1960, §12.3405; SL 1989, ch 30, §57.
SD Codified L § 31-20-6 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-6 - Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.

31-20-6. Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata. 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.
SD Codified L § 31-20-7 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-7 - Subsequent redemption subject to county's previous sale.

31-20-7. Subsequent redemption subject to county's previous sale.In case of the donation, dedication, or sale of rights-of-way pursuant to §31-20-5 any redemption thereafter made of said property shall be subject to the conveyance or dedication made to the state for highway purposes. Source: SL 1943, ch 40, §3; SDC Supp 1960, §12.3407.
SD Codified L § 31-20-8 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-8 - Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.

31-20-8. Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.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.
SD Codified L § 31-20-9 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-9 - Deed by state--Proper officials.

31-20-9. Deed by state--Proper officials.Any deed of reconveyance made by authority of §31-20-8 by the state shall be made in the name of the State of South Dakota acting by and through the Department of Transportation. It shall be executed by the secretary of transportation. Source: SL 1957, ch 143; SDC Supp 1960, §28.0243; SL 1984, ch 207, §63.
SD Codified L § 31-20-10 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 20 - Use Of Publicly Owned Land For Highway Purposes|Section 31-20-10 - Deed by county--Proper officials.

31-20-10. Deed by county--Proper officials.Any deed made by authority of §31-20-8 by a county shall be made in the name of the county acting by and through the chairman of the board of county commissioners and attested by the county auditor with the seal of the county attached thereto. Source: SL 1957, ch 143; SDC Supp 1960, §28.0243.
SD Codified L § 31-21-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-1 - Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises.

31-21-1. Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises.Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating:(1)That such road runs into or through any swamp, bog, or meadow, or other lowland;(2)That it is necessary or expedient that a ditch should be opened through land belonging to any person;(3)The probable length of such ditch and the width and depth of the same as near as possible, the point at which it is to commence, its general course, and the point near which it is to terminate;(4)The names of persons owning the land, if known;(5)A description of the land over which such ditch must pass; and(6)That the road at that point cannot be made passable without extraordinary expense unless such ditch is laid out and opened;it shall be the duty of the chairman of such board immediately to make out a notice and fix therein a time not less than six nor more than sixty days from the date thereof when the board of supervisors or board of county commissioners will meet at the place described in such affidavit and personally examine the premises. Source: SL 1883, ch 112, §87; CL 1887, §1335; RPolC 1903, §1740; RC 1919, §8598; SDC 1939, §28.1201.
SD Codified L § 31-21-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-2 - Form of notice.

31-21-2. Form of notice.The notice required by §31-21-1 may be in substantially the following form:State of South DakotaCounty of __________ ss:To Mr. __________:Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in the opinion of such affiant a ditch should be opened through land belonging to ____ for the purpose of draining such swamp;Now therefore you are hereby notified that the board of township supervisors (or the board of county commissioners) will on the ____ day of ____, 20__, examine the premises over which such ditch is to pass, will hear any objections which may be made in the matter, and will consider the amount of damages which in its opinion will be just compensation to the owners of land in consequence of the opening of such ditch.__________ Chairman of board of __________ Source: SL 1883, ch 112, §87; CL 1887, §1335; RPolC 1903, §1740; RC 1919, §8598; SDC 1939, §28.1201.
SD Codified L § 31-21-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-3 - Filing of notice and affidavit--Service on landowner--Nonresident landowners.

31-21-3. Filing of notice and affidavit--Service on landowner--Nonresident landowners.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.
SD Codified L § 31-21-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-4 - Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.

31-21-4. Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.The person serving notice pursuant to §31-21-3 shall make return thereon to the township clerk or county auditor stating the facts, and if it shall appear from such return that the owner of any such land does not reside in the county and that no occupant resides thereon, such clerk or auditor shall order the publication of the notice once each week for at least two successive weeks in a newspaper printed and published in the county, or if there be no paper printed and published in the county he shall post or cause the notice to be posted in three of the most public places in the county for three weeks prior to the meeting of the township supervisors or county commissioners, and such publication shall be considered as sufficient notice to all parties. Source: SL 1883, ch 112, §88; CL 1887, §1336; RPolC 1903, §1741; RC 1919, §8599; SDC 1939, §28.1202; SL 1972, ch 236, §2.
SD Codified L § 31-21-5 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-5 - Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.

31-21-5. Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.At the time specified in the notice required by §31-21-1 the township supervisors or county commissioners shall proceed to examine the road and premises over which such ditch must pass and hear any reasons for or against laying out the same, and shall decide upon the application as they deem proper, and shall assess the amount of damages which in their judgment will be an equitable compensation to the owner of any land for the opening of such ditch through his land. Source: SL 1883, ch 112, §89; CL 1887, §1337; RPolC 1903, §1742; RC 1919, §8600; SDC 1939, §28.1203.
SD Codified L § 31-21-6 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-6 - Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.

31-21-6. Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.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.
SD Codified L § 31-21-7 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-7 - Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor.

31-21-7. Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor.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.
SD Codified L § 31-21-8 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-8 - Payment to landowner before opening of ditch.

31-21-8. Payment to landowner before opening of ditch.When the amount of damages or compensation to be paid to any one or more of the owners of land taken for any ditch shall have been finally determined by proceedings under the provisions of this chapter the board of township supervisors or county commissioners, as the case may be, shall pay the same before the opening of such ditch. Source: SL 1883, ch 112, §93; CL 1887, §1341; RPolC 1903, §1746; RC 1919, §8604; SDC 1939, §28.1206.
SD Codified L § 31-21-9 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-9 - Appeal from decision to open ditch--Procedure applicable.

31-21-9. Appeal from decision to open ditch--Procedure applicable.Any person through whose land any ditch described in §31-21-7 shall pass may appeal from the decision of the supervisors or county commissioners to the circuit court for the county in which the premises are situated within the time and in the manner provided for other appeals from decisions of the board of county commissioners, and the proceedings upon such appeal shall be the same as upon other appeals from such board. Source: SL 1883, ch 112, §90; CL 1887, §1338; RPolC 1903, §1743; RC 1919, §8601; SDC 1939, §28.1204.
SD Codified L § 31-21-10 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-10 - Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch.

31-21-10. Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch.If the order and proceeding under this chapter be not appealed from within ten days from the filing thereof as provided in §31-21-7, such judgment, order, and finding shall be final, and the officer or person in charge of such road may proceed to open the ditch in accordance with the directions and under the instructions of the board of township supervisors or county commissioners, as the case may be. Any such ditch shall be laid out upon the line that the owner of the land over which it is to pass may desire whenever it can be done without extra cost. Source: SL 1883, ch 112, §89; CL 1887, §1337; RPolC 1903, §1742; RC 1919, §8600; SDC 1939, §28.1203.
SD Codified L § 31-21-11 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-11 - Entry upon land for maintenance of ditch.

31-21-11. Entry upon land for maintenance of ditch.At any time after a ditch shall have been opened under this chapter it shall be lawful for the officer or person having the highway in charge, from time to time as it may be necessary, to enter upon the lands through which such ditch has been opened for the purpose of keeping it open and in good order and condition. Source: SL 1883, ch 112, §91; CL 1887, §1339; RPolC 1903, §1744; RC 1919, §8602; SDC 1939, §28.1205.
SD Codified L § 31-21-12 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-12 - Civil liability for obstruction of ditch.

31-21-12. Civil liability for obstruction of ditch.Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury. Source: SL 1883, ch 112, §92; CL 1887, §1340; RPolC 1903, §1745; RC 1919, §8603; SDC 1939, §28.1207.
SD Codified L § 31-21-13 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 21 - Highway Drainage Ditches|Section 31-21-13 - Obstruction of ditch as misdemeanor.

31-21-13. Obstruction of ditch as misdemeanor.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.
SD Codified L § 31-22-1 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-1 - Right to access from isolated tract to highway.

31-22-1. Right to access from isolated tract to highway.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.
SD Codified L § 31-22-2 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-2 - Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice.

31-22-2. Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice.If the owner of such an isolated tract is unable to agree with the owner of surrounding lands for purchase of a right-of-way from such isolated tract of land to a public highway, he may apply to the board of county commissioners for relief, making his application in writing and describing the isolated tract and the surrounding land over which a right-of-way is desired. The county commissioners shall thereupon cause to be served upon the owner or owners of such surrounding land a notice in writing of a time when such board will visit such land and lay out one right-of-way across such surrounding land, and assess the damages therefor, which notice shall be served at least five days prior to the date set for such visit and appraisal. Source: SL 1935, ch 179, §2; SDC 1939, §28.0802.
SD Codified L § 31-22-3 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-3 - Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision.

31-22-3. Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision.Upon the day set for such visit to such land for the purpose of laying out such right-of-way and appraising the damages to the owner of the surrounding land therefor, the county commissioners shall proceed to the place named, shall lay out a right-of-way not less than twenty-five nor more than sixty-five feet in width from such isolated tract of land across surrounding lands to a public highway, and in so doing shall consider the convenience of the parties. Wherever it is practicable to do so, such board shall lay such right-of-way along a section line or the line of a government fractional subdivision of a section. Source: SL 1935, ch 179, §3; SDC 1939, §28.0803; SL 1977, ch 243.
SD Codified L § 31-22-4 (2021)
2021 South Dakota Codified Laws|Title 31 - Highways and Bridges|Chapter 22 - Condemnation Of Easements For Isolated Tracts|Section 31-22-4 - Assessment of damages--Report to county auditor--Destruction of records.

31-22-4. Assessment of damages--Report to county auditor--Destruction of records.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.