reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 13 - Township Roads › Section 31-13-57 - Private landowner assessed for erosion repair costs.

31-13-57. Private landowner assessed for erosion repair costs.
If any landowner fails to prevent damage to a township road caused by severe and persistent wind or water erosion on the landowner's property, the township may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of the repairs before the first day of November in the year in which the repairs are performed, the cost shall be assessed against the landowner's property.
Source:
SL 1991, ch 233, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 13 - Township Roads › Section 31-13-58 - Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.

31-13-58. Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.
No operations to repair erosion damage pursuant to §31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the township. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the township, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.
Source:
SL 1991, ch 233, §4; SL 1992, ch 203, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-1 - Definition of terms.

31-14-1. Definition of terms.
Terms used in this chapter mean:
(1)"Bridge," a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(2)"Culvert," any structure not classified as a bridge that provides an opening under any roadway;
(3)"Department," the Department of Transportation.
Source:
SDC 1939, §28.1441 as enacted by SL 1953, ch 153; SL 2010, ch 145, §94.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-2 - County commissioners' responsibility for bridges and culverts.

31-14-2. County commissioners' responsibility for bridges and culverts.
The duty to construct and maintain all bridges and culverts throughout the county, except upon the state trunk highway system, is hereby imposed upon the board of county commissioners, subject to conditions relating to bridges and culverts on secondary highways in townships.
Source:
SL 1919, ch 333, §29; SDC 1939, §28.1402; SL 1955, ch 102, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-3 - Drainage investigation of new or replacement bridge site.

31-14-3. Drainage investigation of new or replacement bridge site.
After determining the necessity for any new or replacement bridge in the county, the board of county commissioners shall advise the county highway superintendent of the determination, and require the superintendent or a registered engineer retained by the board of county commissioners for that purpose to make a drainage investigation of the bridge site.
Source:
SL 1919, ch 333, §31; SL 1921, ch 386; SDC 1939, §28.1404; SL 1961, ch 142, §1; SL 2018, ch 168, §39.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-4 - Plans and specifications for bridge construction--Preparation by department or engineer.

31-14-4. Plans and specifications for bridge construction--Preparation by department or engineer.
Any bridge, abutment, and approach or repair to a bridge required in any county of this state, shall be constructed in accordance with plans and specifications prepared by the department or a registered engineer retained by the board of county commissioners for such purpose. The plans and specifications shall show and describe the style and size thereof, the kind, weight, and quality of all materials to be used in the construction and the proper proportion of the ingredients for mixture and reinforcements.
Source:
SL 1919, ch 333, §32; SL 1920 (SS), ch 89; SDC 1939, §28.1405; SL 1961, ch 142, §2; SL 2010, ch 145, §95.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-5 - Bridge plans and specifications--Design requirements--Filing by county auditor.

31-14-5. Bridge plans and specifications--Design requirements--Filing by county auditor.
A registered engineer retained by the board of county commissioners or the department shall prepare plans and specifications for bridge repair or construction work. Plans and specifications prepared by a registered engineer retained by the board of county commissioners shall conform to the design requirements of the American Association of State Highway and Transportation Officials. The plans and specifications, whether prepared by the department or by a registered engineer retained for that purpose, shall be forwarded to the proper county auditor who shall place them on file in the auditor's office. A copy shall be forwarded to the department for the department's records.
Source:
SL 1919, ch 333, §31; SL 1921, ch 386; SDC 1939, §28.1404; SL 1961, ch 142, §1; SL 2010, ch 145, §96; SL 2018, ch 168, §40.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-8 - Bid and certified check or bond deposited with county auditor before opening of bids.

31-14-8. Bid and certified check or bond deposited with county auditor before opening of bids.
Each bid shall be made in accordance with the plans and specifications on file. Each bid in excess of fifty thousand dollars shall be accompanied by a certified check, certified by a state or national bank domiciled within this state, in the sum of five percent of the total amount of the bid, or a ten percent bid bond issued by a surety authorized to do business in the state. To be effectual for any purpose the bid and certified check or bond shall be securely enclosed in a sealed envelope and deposited with the county auditor before the hour of opening the sealed bids.
Source:
SL 1919, ch 333, §32; SL 1920 (SS), ch 89; SDC 1939, §28.1405; SL 1961, ch 142, §2; SL 2018, ch 168, §43.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-11 - Opening of bids--Notice to successful bidder--Execution of contract.

31-14-11. Opening of bids--Notice to successful bidder--Execution of contract.
Promptly at the hour specified, the board of county commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that the bid has been accepted. Upon being so notified, the successful bidder shall enter into a contract with the county in accordance with the bid, and the successful bid, together with the plans and specifications upon which the bid was based, is deemed a part of the contract.
Source:
SL 1919, ch 333, §33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, §28.1406; SL 2010, ch 145, §97; SL 2018, ch 168, §45.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-13 - Performance bond required--Filing of contract and bond.

31-14-13. Performance bond required--Filing of contract and bond.
At the time of entering into a contract under §31-14-11, the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the board of county commissioners, or a certified check in the total sum of the contract, conditioned that the contractor will fulfill his contract according to the plans and specifications and account for all moneys paid to him, and pay all bills and claims on account of supplies, materials, or labor used in connection with or consumed in carrying on of any work in connection with such contract including all demands of subcontractors, and such bond or certified check shall stand as security for the faithful performance of said contract and for the payment of all such bills, claims, and demands. Such contract and bond or certified check shall be filed in the office of the county auditor.
Source:
SL 1919, ch 333, §33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, §28.1406.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-14 - Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract.

31-14-14. Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract.
If any bidder fails or refuses, for a period of ten days after notice pursuant to §31-14-11, to enter into the contract, the board of county commissioners may award the contract in the same manner to the next lowest responsible bidder or may reject all bids and rebid the contract. The delinquent bidder shall forfeit to the county the certified check or bid bond accompanying the bid.
Source:
SL 1919, ch 333, §33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, §28.1406; SL 2018, ch 168, §47.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-15 - Return of certified checks accompanying bids.

31-14-15. Return of certified checks accompanying bids.
After the execution of all contracts under §31-14-11, the board of county commissioners shall promptly return to all bidders the certified checks accompanying their sealed bids.
Source:
SL 1919, ch 333, §33; SL 1920 (SS), ch 89; SL 1925, ch 187; SDC 1939, §28.1406; SL 2018, ch 168, §48.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-17 - Supervision of construction by county highway superintendent--Appointment and compensation of inspector.

31-14-17. Supervision of construction by county highway superintendent--Appointment and compensation of inspector.
The county highway superintendent shall have supervision of construction of any and all bridges built by the county and he shall have the power to appoint an inspector for any such bridge or piece of work at any time when in his judgment constant inspection of the same is necessary. The compensation of such inspector shall be paid out of the county road and bridge fund and be charged as part of the cost of the particular bridge in question.
Source:
SL 1919, ch 333, §34; SDC 1939, §28.1407.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-18 - Progress reports by county highway superintendent--Partial payments on contracts.

31-14-18. Progress reports by county highway superintendent--Partial payments on contracts.
The county highway superintendent shall report to the board of county commissioners every thirty days, or so often as they may require, as to the progress and character of the work done by the contractor of each bridge, or piece of work built by the county, and upon the report of said superintendent, partial payments in the amounts and manner specified for each particular bridge or piece of work shall be made. None of such partial payments, however, shall be held to constitute an acceptance of the work in whole or in part by the county.
Source:
SL 1919, ch 333, §34; SDC 1939, §28.1407.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-19 - Cost statement prepared by county highway superintendent--Filing.

31-14-19. Cost statement prepared by county highway superintendent--Filing.
The county highway superintendent shall keep a detailed account of all material found necessary to add to or deduct from each and every structure as set forth in the plans and specifications. On completion of the structure the superintendent shall file with the county auditor a detailed statement of the cost of the structure, including the additions or reductions from the contract price and any compensation to the inspector.
Source:
SL 1919, ch 333, §34; SDC 1939, §28.1407; SL 2010, ch 145, §99; SL 2018, ch 168, §50.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-20 - Bridge construction and repairs by county work authorized.

31-14-20. Bridge construction and repairs by county work authorized.
Any county of this state may build its own bridges, abutments, approaches, and foundations, and make repairs to same by day labor without advertising for bids on any such piece of work.
Source:
SL 1919, ch 333, §32; SL 1920 (SS), ch 89; SDC 1939, §28.1405; SL 1961, ch 142, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-21 - Bridge construction or repairs by county labor--Supervision--Plans and specifications.

31-14-21. Bridge construction or repairs by county labor--Supervision--Plans and specifications.
In lieu of accepting any bids received on any bridge, approach, or abutment, or repair to bridge, or in case of emergency, the board of county commissioners may, if in the board's judgment the bridge or piece of work may be procured for less money than the amount of any bid submitted, cause the same to be built by day labor by regular county labor and county-owned equipment. The county highway superintendent shall be in charge of the construction. The superintendent shall hire a foreman, purchase the necessary material, and hire the necessary labor for the construction of each bridge, or piece of work. The work shall be done in accordance with plans and specifications furnished by the department or a registered engineer, the same as any other bridge or piece of work let by contract.
Source:
SL 1919, ch 333, §35; SDC 1939, §28.1408; SL 1959, ch 138; SL 2010, ch 145, §100; SL 2018, ch 168, §51.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-22 - Cost statement of county work prepared by county highway superintendent--Filing.

31-14-22. Cost statement of county work prepared by county highway superintendent--Filing.
The county highway superintendent shall keep a careful and itemized account of the quantity and cost of all materials and labor used in the construction of each such bridge or piece of work authorized by §31-14-21. The cost statement shall be filed with the county auditor.
Source:
SL 1919, ch 333, §35; SDC 1939, §28.1408; SL 1959, ch 138; SL 2010, ch 145, §101; SL 2018, ch 168, §52.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-23 - Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications.

31-14-23. Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications.
If it is deemed advisable by the board of county commissioners, the board may purchase material to be used in the construction of roads, bridges, and culverts, in quantities sufficient to meet the estimated demand of the county for the materials for the next succeeding twelve months. Before purchasing the materials, however, the board of county commissioners shall direct the county highway superintendent to prepare an estimate setting forth the needs of the county during the twelve months. The county highway superintendent shall prepare specifications of the quality of all materials. No patented material may be specified to the exclusion of unpatented material.
Source:
SL 1919, ch 333, §35; SDC 1939, §28.1409; SL 2010, ch 145, §102; SL 2018, ch 168, §53.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-24 - Emergency contracts for repair of bridges and approaches authorized.

31-14-24. Emergency contracts for repair of bridges and approaches authorized.
Whenever an emergency arises requiring immediate expenditure for the repair or rebuilding of bridges and approaches to bridges, when such bridges and approaches to bridges are required to be built immediately, and on such short time that in the judgment of the board of county commissioners the public would be seriously inconvenienced in awaiting the regular advertising for bids for such building and rebuilding of bridges and approaches, the board of county commissioners may enter into contract for any such building or rebuilding of bridges and approaches to bridges without advertising for the letting of any contract therefor.
Source:
SL 1920 (SS), ch 33, §1; SDC 1939, §28.1410.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-26 - Insufficient funds to pay emergency contract--Issuance of emergency warrants.

31-14-26. Insufficient funds to pay emergency contract--Issuance of emergency warrants.
If there are not sufficient funds in the road and bridge fund of any county for the payment of work authorized by §31-14-24 the county commissioners are hereby authorized to issue emergency warrants based upon the assessments made and contemplated for road and bridge work.
Source:
SL 1920 (SS), ch 33, §2; SDC 1939, §28.1410.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-27 - County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county.

31-14-27. County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county.
If a township board of supervisors or county highway superintendent requests the board of county commissioners to construct or replace in its entirety any bridge or the placing or replacing of any culvert with an opening of sixteen square feet or more including material upon the secondary roads within the township, the board of county commissioners may cause the work to be done and the township shall reimburse the county up to and including five hundred dollars. If the cost is in excess of five hundred dollars, the county and township may enter into an agreement as to how the cost in excess of five hundred dollars will be split between the county and the township. After the placing or replacing of any culvert as provided in this section, the culvert shall be maintained and kept clean at the expense of the township. The construction or replacing of any bridge or the placing or replacing of any culvert with an opening of less than sixteen square feet upon a secondary road within a township shall be at the total expense of the township. The bridge or culvert shall be maintained and kept clean at the expense of the township.
Source:
SL 1919, ch 333, §30; SDC 1939, §28.1403; SL 1949, ch 111; SL 1955, ch 102, §2; SL 1957, ch 127; SL 1974, ch 203, §1; SL 1980, ch 210; SL 1981, ch 226; SL 2018, ch 168, §55.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-31 - Drainage ditch bridges.

31-14-31. Drainage ditch bridges.
Bridges erected over drainage ditches shall, where necessary, be so constructed as to allow the superstructure to be removed for cleaning such ditches with as little damage in the removal to permanent parts of said bridge as practicable.
Source:
SL 1919, ch 333, §38; SDC 1939, §28.1413.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-33 - Inspection of township culverts--Duty of board of supervisors.

31-14-33. Inspection of township culverts--Duty of board of supervisors.
The township board of supervisors shall have each culvert on the secondary highways within the township annually inspected and, if necessary, repaired.
Source:
SL 1919, ch 333, §40; SDC 1939, §28.1415; SL 2004, ch 195, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-34 - Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent.

31-14-34. Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent.
The county highway superintendent shall make inspection of all culverts on secondary highways other than those described in §31-14-33 and of all culverts on the county highway system and report to the board of county commissioners, which shall cause necessary repairs to be made.
Source:
SDC 1939, §28.1415.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-35 - County line bridges--Agreement apportioning responsibility--Cost of large bridges divided equally.

31-14-35. County line bridges--Agreement apportioning responsibility--Cost of large bridges divided equally.
It shall be lawful and the duty of the respective boards of county commissioners of the counties adjoining any highway or meandered stream on a county line in this state to divide that portion of such county line between such counties into two or more parts or districts, and to enter into an agreement and contract providing that each of such counties shall assume the liability and become responsible for the construction and maintenance of all necessary bridges upon such county line in the district allotted to such county. In case the stream forming the boundary between two counties shall be so large that one county alone is unable to build a bridge out of the ordinary amount of funds available, it shall be the duty of the two counties when a bridge is built over such stream to divide the expense equally between such two counties.
Source:
SL 1913, ch 114, §1; RC 1919, §8686; SDC 1939, §28.1417.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-36 - County line bridges--Considerations in apportioning responsibility-- Apportionment by department.

31-14-36. County line bridges--Considerations in apportioning responsibility--Apportionment by department.
In making such apportionment of any highway or meandered stream constituting the county line between two or more counties, as provided by §31-14-35, the respective boards of county commissioners shall take into consideration the number of streams crossing the highway and the probable necessity of the number of bridges to be constructed and to be kept in repair upon the county line. In apportioning the highway or stream, the boards shall equalize, as near as possible, the burden of building and maintaining the bridges on the highways of the county line. In case of a failure to apportion any such highway or meandered stream, as provided in §31-14-35, the same shall be apportioned by the department.
Source:
SL 1913, ch 114, §2; RC 1919, §8687; SDC 1939, §28.1418; SL 2010, ch 145, §104.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-38 - County line bridges--Sharing of costs in absence of apportionment contract.

31-14-38. County line bridges--Sharing of costs in absence of apportionment contract.
Whenever the highway on the line between two counties has not been divided and portions thereof assigned to each county, and it is intended to build, alter, or repair the bridges thereon, the cost shall be borne equally by such counties.
Source:
SL 1909, ch 166; SL 1917, ch 259; RC 1919, §8685; SDC 1939, §28.1416.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-39 - County line bridges--Petition and agreement for sharing costs in absence of prior apportionment contract.

31-14-39. County line bridges--Petition and agreement for sharing costs in absence of prior apportionment contract.
If a petition is filed with the board of county commissioners of either county affected thereby, praying for the building, altering, or repairing of any bridge described in §31-14-38, and the petition is found to comply with the law relating to petitions for bridges, it shall be the duty of the board of county commissioners of such county immediately to cause a copy of such petition to be filed with the county auditor of the other county to be affected thereby, and at the same time to give the commissioners of such county notice of the time and place when and where the commissioners will meet to consider such petition. At such meeting of the county commissioners of the two counties jointly affected thereby, they shall view the site of such bridge, and if such petition is granted, then by agreement between such commissioners either county may build, alter, or repair such bridge and one-half the cost shall be borne by each of such counties.
Source:
SL 1909, ch 166; SL 1917, ch 259; RC 1919, §8685; SDC 1939, §28.1416.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-40 - County line bridges--Cost-sharing provisions not applicable where apportionment contract made.

31-14-40. County line bridges--Cost-sharing provisions not applicable where apportionment contract made.
Where counties have heretofore, by mutual agreement, apportioned the boundary road and bridges between such counties, the provisions of §§31-14-38 and 31-14-39 shall not be applicable to such roads and bridges.
Source:
SL 1917, ch 259; RC 1919, §8685; SDC 1939, §28.1416.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 14 - County And Township Bridges And Culverts › Section 31-14-46 - Unlawful agreements on contracts--Offering or receiving bribes--Felony.

31-14-46. Unlawful agreements on contracts--Offering or receiving bribes--Felony.
Any person receiving, or having any agreement to receive, a royalty, commission, percentage, or discount upon the contract price of any bridge, or piece of work, or bridge material, and who shall submit his sealed bid thereon with intent to secure the advantage of any competitive bidder, or any two or more persons who shall conspire together with intent to prevent competitive bidding upon any contract authorized by the provisions of this chapter or chapter 31-10, or any officer or agent for any bridge company who shall give, or offer to give, to any public official anything of value for the purpose of influencing such official in awarding any contract authorized by such chapters, or any public official who shall receive or accept anything of value from any officer or agent for any such bridge company, shall be guilty of a Class 6 felony.
Source:
SL 1919, ch 333, §39; SDC 1939, §28.9914.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-1 - County highway system on state line--Agreements for assignment of responsibility.

31-17-1. County highway system on state line--Agreements for assignment of responsibility.
If any portion of a county highway system lies on a state line, the Department of Transportation may confer with the authorities of the bordering state and agree upon the assignment of portions of the highway to the counties of the two states for construction, repair, and maintenance.
Source:
SL 1919, ch 333, §11; SDC 1939, §28.0701; SL 2010, ch 145, §105.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-2 - Roads crossing county lines--Division of responsibility.

31-17-2. Roads crossing county lines--Division of responsibility.
Subject to approval of the department, boards of county commissioners of adjoining counties shall make proper connections between roads which cross county lines and which afford continuous routes of travel; adopt plans and specifications for highway construction, reconstruction, and repairs upon highways along and across county boundary lines, and make an equitable division between such counties of the cost and work of execution of such plans and specifications. In case of disagreement on the division, the Transportation Commission shall make the division.
Source:
SL 1925, ch 188, §1; SDC 1939, §28.0705; SL 2010, ch 145, §106.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-3 - Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.

31-17-3. Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.
If boards of county commissioners fail to perform the duty prescribed by §31-17-2, or in case of disagreement by such boards, an appeal may be made to the Transportation Commission by one of them. The commission shall notify the county auditors of the counties concerned that the commission will, on a day not less than ten days thereafter, at a named time and place within one of such counties, hold a hearing to determine all matters involved. At the hearing the commission shall fully investigate all questions involved, and shall, as soon as practicable, certify its decision to the different boards. The decision is final, and such boards shall comply.
Source:
SL 1925, ch 188, §2; SDC 1939, §28.0705; SL 2010, ch 145, §107.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-4 - County highway system on county line--Effect of assignment to county.

31-17-4. County highway system on county line--Effect of assignment to county.
Any portion of a county highway system lying on a county line and assigned to a county by the Transportation Commission for construction and maintenance shall be considered as lying fully within the county and all procedure and requirements apply as if the road lay wholly within the limits of one county.
Source:
SL 1919, ch 333, §11; SDC 1939, §28.0701; SL 2010, ch 145, §108.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-5 - Secondary highway on county line--Assignment of responsibility.

31-17-5. Secondary highway on county line--Assignment of responsibility.
The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective boards of county commissioners and in case of disagreement, as determined by the Transportation Commission.
Source:
PolC 1877, ch 29, §32; CL 1887, §1222; RPolC 1903, §1627; RC 1919, §8574; SDC 1939, §28.0703.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-6 - Secondary highway on township line--Assignment of responsibility.

31-17-6. Secondary highway on township line--Assignment of responsibility.
The secondary highways wholly within one county on lines between organized townships shall be assigned to the charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the board of county commissioners shall determine; and those on the line between organized civil townships and unorganized territory as the board of commissioners shall determine.
Source:
SL 1883, ch 112, §47; CL 1887, §1307; RPolC 1903, §1718; SL 1909, ch 70; RC 1919, §8573; SDC 1939, §28.0702.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-7 - Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.

31-17-7. Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.
Adjoining townships shall contribute equally to the construction, improvement, and repair of any township highway that lies on a section line forming the boundary between the townships. However, this section and §§31-17-8 to 31-17-15, inclusive, do not prohibit the supervisors of adjoining townships, by a majority of the supervisors from each township, from scheduling and holding a joint meeting of their township boards to mutually agree on alternative procedures for apportioning the responsibilities and costs of constructing, altering, or repairing any township boundary line highway, bridge, or culvert. Each township clerk shall record the time and location of the joint meeting and shall immediately publish notice of the proposed joint meeting in the same manner provided in §§8-3-4 and 8-3-5. Any order, notice, award, or apportionment contract, and any other documents resulting from the joint meeting shall be produced in duplicate, filed with each township office, and recorded by each township clerk. Any order, contract, or mutual agreement made before July 1, 1995, between adjoining township boards of supervisors apportioning or reapportioning a township boundary line road, bridge, or culvert is hereby validated and has the same force and effect as though executed after that date.
Source:
SL 1961, ch 152, §1; SL 1995, ch 172.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-8 - Township boundary line highways--Resolution calling for contribution.

31-17-8. Township boundary line highways--Resolution calling for contribution.
The board of supervisors of an organized township, to be called, moving townships, may by resolution declare the necessity of the construction, improvement, or repairing of a township boundary line highway and call upon an adjoining organized township with which said highway forms a common boundary line, to contribute equally to the cost of such construction, improvement, or repair.
Source:
SL 1961, ch 152, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-9 - Township boundary line highways--Service of resolution--Notice of meetings.

31-17-9. Township boundary line highways--Service of resolution--Notice of meetings.
A copy of a resolution adopted under §31-17-8 may then be served upon the board of supervisors of the adjoining township and such board shall within thirty days thereafter call a special meeting for the purpose of considering such resolution, and shall give notice in writing to the board of supervisors of the moving township of the time and place of such meeting, at least ten days in advance.
Source:
SL 1961, ch 152, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-10 - Township boundary line highways--Purpose of joint meeting.

31-17-10. Township boundary line highways--Purpose of joint meeting.
At the meeting provided for by §31-17-9, the board of supervisors of the moving township and that of the adjoining township shall meet jointly and consider the construction, improvement, or repair of said boundary line highway, and shall endeavor to come to some mutual agreement thereon.
Source:
SL 1961, ch 152, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-11 - Township boundary line highways--Action brought on failure to agree on contribution.

31-17-11. Township boundary line highways--Action brought on failure to agree on contribution.
In the event that the board of supervisors of the adjoining township refuses to call a meeting as required in §31-17-9, or in the event that such meeting is held, but no agreement can be reached concerning the construction, improvement, or repair of such highway, the board of supervisors of the moving township shall have the right, within thirty days, to bring an action in the circuit court against the adjoining township to require it to contribute equally to the cost of any necessary construction, improvement, or repair of such highway.
Source:
SL 1961, ch 152, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-12 - Township boundary line highways--Parties and procedure in action to require contribution.

31-17-12. Township boundary line highways--Parties and procedure in action to require contribution.
In the action authorized by §31-17-11 the moving township shall be the plaintiff and the adjoining township shall be the defendant; the action shall be commenced by the service of summons and complaint as in civil cases and shall be governed by the rules of civil procedure.
Source:
SL 1961, ch 152, §6.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-13 - Township boundary line highways--Complaint and answer in action to require contribution.

31-17-13. Township boundary line highways--Complaint and answer in action to require contribution.
The complaint in an action pursuant to §31-17-11 shall briefly set forth sufficient facts to show that conditions exist which authorize the bringing of such action, a statement in reasonable detail describing the construction, improvement, or repair of such highway which is claimed to be necessary, the estimated cost thereof, and the reasons the same are necessary; the adjoining township shall have thirty days to answer the complaint and in its answer shall briefly set forth the reasons why it claims it should not be required to contribute to such construction, improvement, or repair.
Source:
SL 1961, ch 152, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-14 - Township boundary line highways--Judgment in action to require contribution.

31-17-14. Township boundary line highways--Judgment in action to require contribution.
The court, by its judgment in an action pursuant to §31-17-11, may determine the necessity and extent of any construction, improvement, or repair of such highway; the right to enforce equal contribution to the costs thereof by both townships; and the right to require the board of supervisors of both townships to jointly meet and advertise for bids and enter into a contract for the construction, improvement, or repair of such highway in the manner provided by §§5-18A-14 and 5-18B-10.
Source:
SL 1961, ch 152, §8; SL 2011, ch 2, §137.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-15 - Township boundary line highways--Cumulative effect of provisions for equal contribution.

31-17-15. Township boundary line highways--Cumulative effect of provisions for equal contribution.
Sections 31-17-7 to 31-17-14, inclusive, shall be cumulative to any existing rights or remedies of townships.
Source:
SL 1961, ch 152, §9.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 17 - Boundary Line Highways › Section 31-17-16 - Secondary highways on municipal boundaries--Assignment of responsibility.

31-17-16. Secondary highways on municipal boundaries--Assignment of responsibility.
The secondary highways on the boundary line of any municipality shall be assigned to such municipality and adjoining civil township or unorganized territory as provided in §§31-17-5 and 31-17-6.
Source:
SDC 1939, §28.0704; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 18 - Section-Line Highways › Section 31-18-1 - Existence of section-line highways by operation of law.

31-18-1. Existence of section-line highways by operation of law.
There is along every section line in this state a public highway located by operation of law, except where some portion of the highway along such section line has been heretofore vacated or relocated by the lawful action of some authorized public officer, board, or tribunal.
Source:
SL 1870-1, ch 33, §1; PolC 1877, ch 29, §1; CL 1887, §1189; RPolC 1903, §1594; RC 1919, §8519; SDC 1939, §28.0102.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 18 - Section-Line Highways › Section 31-18-2 - Width of highways--Side from which taken.

31-18-2. Width of highways--Side from which taken.
Every statutory section-line highway shall be sixty-six feet wide and shall be taken equally from each side of the section line, unless changed as provided in this title, but nothing herein contained shall prevent the highway authority charged with the construction, reconstruction, or repair of any public highway along a section line from purchasing or condemning right-of-way for widening the highway to more than sixty-six feet or from purchasing or condemning more right-of-way on one side of the section line than on the other, provided they deem it necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable buildings or to avoid unsuitable terrain.
Source:
PolC 1877, ch 29, §3; CL 1887, §1191; RPolC 1903, §1596; RC 1919, §8521; SDC 1939, §28.0105; SL 1953, ch 132.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 18 - Section-Line Highways › Section 31-18-3 - Vacation or change of location of highways .

31-18-3. Vacation or change of location of highways.
The board of county commissioners may vacate or change the location of any section-line highway under its jurisdiction and the board of supervisors of an organized township may vacate or change the location of any section-line highway under its jurisdiction, as provided in this title, but neither board may vacate or change any portion of the state trunk highway system or any highway constructed by state or federal aid or any highway within the limits of a municipal corporation. A board of supervisors may not vacate or change any portion of the county highway system, nor may a board of county commissioners vacate or change any portion of the township road system. No board of county commissioners or board of supervisors may vacate a section-line highway that provides access to public lands or public waters embracing an area of not less than forty acres. This section does not prohibit the closing of a section-line highway to vehicular traffic if the highway is unsafe for vehicular traffic.
Source:
SDC 1939, §28.0106; SL 1989, ch 253, §2; SL 2012, ch 154, §2; SL 2018, ch 170, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 18 - Section-Line Highways › Section 31-18-4 - Relicted lands--Highway rights continue.

31-18-4. Relicted lands--Highway rights continue.
The apportionment, division, or survey of lands acquired by reliction, either by the owner or owners of such lands, or by virtue of the judgment of any court, pursuant to the provisions of this code, shall not in any manner operate as an abandonment or vacation of any legal highway along or across any such lands, and all section-line highways along or across any such lands shall continue to be public highways until changed or vacated in the manner provided by law.
Source:
SL 1905, ch 119; RC 1919, §8617; SDC 1939, §28.0111.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 18 - Section-Line Highways › Section 31-18-5 - Liability for unimproved section line.

31-18-5. Liability for unimproved section line.
Notwithstanding the provisions of §20-9-16, a landowner owes no duty of care to keep an unimproved section line safe for entry or use by any uninvited person for an outdoor recreational purpose or tourism activity. The landowner does not have a duty to give any warning of a dangerous condition, use, or structure on an unimproved section line to any uninvited person entering for an outdoor recreational purpose or tourism activity, except for any condition created by the willful and wanton act of the landowner.
Source:
SL 2017, ch 124, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-1 - Right-of-way and borrow pit--Purchase or condemnation--Proceedings.

31-19-1. Right-of-way and borrow pit--Purchase or condemnation--Proceedings.
The land or material for right-of-way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said land or material is to be acquired by condemnation the proceedings shall be as provided by §31-19-3.
Source:
SL 1939, ch 113, §2; SDC Supp 1960, §28.13A02; SL 1966, ch 83.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-1.1 - Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.

31-19-1.1. Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.
The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right-of-way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a result of a highway construction project. After all displaced utility lines and facilities have been appropriately relocated, the department may allow the use of such property by additional utilities under the terms and conditions established by the department. The South Dakota Transportation Commission may provide, by rules promulgated pursuant to chapter 1-26, for the terms and conditions for use of such property by utilities.
Source:
SL 2004, ch 196, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-1.2 - Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.

31-19-1.2. Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.
No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to §31-19-1.1.
Source:
SL 2004, ch 196, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-2 - Resolution of necessity--Recordation and filing.

31-19-2. Resolution of necessity--Recordation and filing.
Before acquiring land or material by condemnation, the Department of Transportation shall, by resolution, declare the necessity for acquiring the land or material and file a copy of the resolution with the office of right-of-way in the department.
Source:
SL 1939, ch 113, §3; SDC Supp 1960, §28.13A03; SL 1976, ch 184, §2; SL 1977, ch 242, §2; SL 1998, ch 170, §1; SL 2004, ch 196, §3; SL 2004, ch 197, §1.