reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 20 - Use Of Publicly Owned Land For Highway Purposes › Section 31-20-3 - Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.

31-20-3. Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.
For the purpose of ascertaining the value of the land taken pursuant to §§31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway.
Source:
SL 1909, ch 32, §3; SL 1915, ch 214, §2; RC 1919, §8616; SDC 1939, §28.0110.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 20 - Use Of Publicly Owned Land For Highway Purposes › Section 31-20-4 - Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.

31-20-4. Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.
Within four months after appraisement pursuant to §31-20-3, and upon full payment of the same, a conveyance of the land to be taken for such proposed highway shall be executed by the Governor and attested by the commissioner of school and public lands, with his seal of office affixed, conditioned that should the same cease to be used for two successive years as a public highway, the title shall revert to the owner of the legal subdivision of which it forms a part.
Source:
SL 1909, ch 32, §3; SL 1915, ch 214, §2; RC 1919, §8616; SDC 1939, §28.0110.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Dakota
County 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 25 - Fences, Cattle Ways And Livestock Guards › Section 31-25-7 - Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.

31-25-7. Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.
Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty days after the decision of such governing body, appeal to the circuit court for the county wherein such governing body is situated. Such appeal shall be in writing, and signed by the person feeling aggrieved or by his attorney. Upon the serving of such appeal and the filing of the same with the clerk of the circuit court, the same may be brought on for trial de novo in said circuit court upon ten days' notice. The circuit court shall hear all relevant evidence and shall make and enter such findings, conclusions, and judgment as it deems proper.
Source:
SL 1959, ch 140, §3; SDC Supp 1960, §28.0910-3.