reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-3 - Condemnation--Petition--Parties defendant--Contents of petition--Verification.

31-19-3. Condemnation--Petition--Parties defendant--Contents of petition--Verification.
If land or material is to be acquired by condemnation, the Department of Transportation, on behalf of the state and in its name, shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation be made and such property be ascertained by a jury and shall name the Department of Transportation as the department of the state government desiring to take or damage the property on behalf of the state as plaintiff. All persons having an interest in or a lien upon the property affected by the proceedings shall be named as defendants so far as they may be known at the time of the filing of the petition. It shall contain a description of the property to be taken or damaged and shall contain a copy of the related resolution of necessity that was passed by the Transportation Commission. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It is not necessary to specify the interest or claim of the several defendants in the land or property affected by the proceedings. The petition shall be signed and verified in the manner and as provided by §15-6-11 relating to the signing of pleadings in the circuit courts.
Source:
SL 1939, ch 113, §2; SDC Supp 1960, §28.13A02; SL 1966, ch 83; SL 2004, ch 196, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-4 - Pleadings necessary--Interpleader--Compensation only issue.

31-19-4. Pleadings necessary--Interpleader--Compensation only issue.
No pleading other than the petition shall be required in a condemnation proceeding initiated pursuant to §31-19-3, unless ordered by the court. If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation. The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.
Source:
SL 1939, ch 113, §4; SDC Supp 1960, §28.13A04.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-6 - Notice in register of deeds' office--Contents of notice--Effect of notice.

31-19-6. Notice in register of deeds' office--Contents of notice--Effect of notice.
At any time after the filing of the petition the plaintiff may file for record in the office of the register of deeds of the county in which the petition is filed a notice of the pendency of the proceeding, containing the names of the parties plaintiff and defendant, a statement of the purpose of the proceeding, and a description of the property through or over which the proposed improvement is to be constructed, which notice shall be recorded and indexed in the same manner as provided by law for the recording and indexing of notices of the pendency of actions in the circuit court, and from the date of the filing thereof shall be notice to all subsequent purchasers or encumbrancers of the property therein described.
Source:
SL 1939, ch 113, §6; SDC Supp 1960, §28.13A06.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-7 - Summons to defendants--Contents--Time for response.

31-19-7. Summons to defendants--Contents--Time for response.
At any time after the filing of the petition the plaintiff may issue a summons to the defendants, which shall be entitled in the action or proceeding, and state the time and place of filing the petition, the nature of the proceeding, and contain a notice to the effect that if the defendants do not respond to said proceeding as provided in §31-19-10.1 within thirty days from the service thereof, exclusive of the day of service, the plaintiff will apply to the court for an order to impanel a jury and ascertain the just compensation for the property proposed to be taken or damaged in such proceeding.
Source:
SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07; SL 1976, ch 184, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-8 - Service of summons--Unknown parties--Publication of summons.

31-19-8. Service of summons--Unknown parties--Publication of summons.
The summons under §31-19-7 may be served as in civil actions unless otherwise provided in this chapter. If there are unknown owners or persons interested in the property to be taken or damaged, or if any of the defendants are not residents of the state, the plaintiff may apply to the court upon affidavit setting forth the nature of the proceeding, and the facts in relation to such unknown persons or nonresident defendants, for an order of publication of such summons, whereupon the court shall grant such order.
Source:
SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-9 - Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.

31-19-9. Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.
The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within ten days from the last publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published once a week for two successive weeks in some newspaper published and of general circulation in the county where the proceeding is had, and the publication of the same shall show at the top thereof the date of the last publication; and except as modified by §§31-19-7 to 31-19-10, inclusive, the proceedings for publication of the summons shall in all respects be governed by the provisions of Title 15, relating to publication of summons.
Source:
SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-10 - Personal service on nonresident defendant.

31-19-10. Personal service on nonresident defendant.
Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant.
Source:
SL 1939, ch 113, §7; SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-10.1 - Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

31-19-10.1. Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.
Within thirty days of the service of summons provided in §31-19-7 or service of the declaration of taking provided in §31-19-26, a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
Source:
SL 1976, ch 184, §1; SL 1977, ch 242, §1; SL 1990, ch 226, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-11 - Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.

31-19-11. Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.
If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding the circuit court for the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for a regular or special term of the circuit court.
Source:
SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-12 - Hearing at special term--Rights of defendants--Rules of civil procedure applicable.

31-19-12. Hearing at special term--Rights of defendants--Rules of civil procedure applicable.
At the time and place specified in the order, a special term of the court shall be held, at which the proceedings in impaneling the jury, trial, and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall have the same rights and privileges, upon such trial, to challenge jurors and examine and cross-examine witnesses and participate therein, by himself or attorney, as a defendant in a civil action who has appeared and answered.
Source:
SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-13 - Conduct of proceedings--Notice of trial.

31-19-13. Conduct of proceedings--Notice of trial.
As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in the manner provided by §§31-19-11 and 31-19-12, except that three days' notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose.
Source:
SL 1953, ch 152; SDC Supp 1960, §28.13A07.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-14 - Continuance respecting unserved defendants.

31-19-14. Continuance respecting unserved defendants.
As to all defendants not served before the trial the proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants.
Source:
SL 1939, ch 113, §8; SDC Supp 1960, §28.13A08.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-15 - View of premises by jury.

31-19-15. View of premises by jury.
Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury.
Source:
SL 1939, ch 113, §9; SDC Supp 1960, §28.13A09.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-16 - Compensation ascertained by jury--Separate verdicts for separate tracts.

31-19-16. Compensation ascertained by jury--Separate verdicts for separate tracts.
If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged.
Source:
SL 1939, ch 113, §9; SDC Supp 1960, §28.13A09.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-17 - Benefits to defendant as affecting compensation.

31-19-17. Benefits to defendant as affecting compensation.
In all cases of taking or damaging property, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.
Source:
SL 1939, ch 113, §9; SDC Supp 1960, §28.13A09.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-18 - Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.

31-19-18. Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.
Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit the same with the clerk of courts for any defendant, who cannot be found and immediately upon the payment of said compensation or offer of payment, should same be refused, and deposited as aforesaid, possession shall be given the state for the purpose of said improvement.
Source:
SL 1939, ch 113, §10; SDC Supp 1960, §28.13A10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-19 - Compensation paid out of state highway funds as part of cost of state trunk highway.

31-19-19. Compensation paid out of state highway funds as part of cost of state trunk highway.
Whenever any land, easement in land or material is necessary for right-of-way in order to make a safe or proper grade, for the relocating of utility facilities, or for widening, changing, relocating, constructing, reconstructing, maintaining, or repairing any portion of the state trunk highway, or if it is necessary for providing cut slopes, borrow pits, channel changes, or to afford unobstructed vision on any state trunk highway and at any point of danger to public travel, for right-of-way and borrow pit, the State of South Dakota, through and by its Department of Transportation, or any county authorized by agreement to acquire on behalf of the state, shall acquire and pay for the same out of state highway funds unless it is otherwise agreed. The cost of the land or material and expense of purchase or condemnation shall be paid as part of the cost of the state trunk highway unless otherwise agreed.
Source:
SL 1939, ch 113, §1; SDC Supp 1960, §28.13A01; SL 1965, ch 135; SL 2004, ch 196, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-20 - Purchase or condemnation of land outside right-of-way--Payment--Procedure.

31-19-20. Purchase or condemnation of land outside right-of-way--Payment--Procedure.
Whenever any land or material, dirt, sand, or gravel is required for the construction, reconstruction, maintaining, or repairing of any portion of the state trunk highway, or for the relocating of utility facilities, and if the land or material, dirt, sand, or gravel lies outside the right-of-way of the highway or adjacent borrow pits, the state shall purchase or condemn the land or material, dirt, sand, or gravel and pay for the same out of the state highway fund. The land or material, dirt, sand, or gravel may be acquired either by purchase or condemnation and any cost or expense of purchase or condemnation shall be paid for in the same manner as material, dirt, sand, or gravel or land is paid for. In case of condemnation, the proceedings provided for condemnation in §§31-19-1 to 31-19-19, inclusive, or the provisions of chapter 21-35 are applicable and either proceeding may be used.
Source:
SL 1941, ch 136, §1; SDC Supp 1960, §28.13A14; SL 2004, ch 196, §6.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-20.1 - Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.

31-19-20.1. Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.
The acquiring of an easement or fee interest pursuant to 31-19-1.1 may not be admitted as evidence in any action under chapter 21-35 brought by any owner or operator of utility lines or facilities displaced as a result of a highway construction project. Any easement or fee interest acquired pursuant to §31-19-1.1 may not serve as a basis for a finding of fraud, bad faith, or abuse of discretion under §21-35-10.1.
Source:
SL 2004, ch 196, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-21 - Procedure as cumulative--General condemnation rules not impaired.

31-19-21. Procedure as cumulative--General condemnation rules not impaired.
Nothing in §§31-19-1 to 31-19-19, inclusive, shall be construed as to impair any provisions of chapter 21-35, but the proceedings herein provided for shall be construed as additional and cumulative thereto.
Source:
SL 1939, ch 113, §13; SDC Supp 1960, §28.13A13.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-23 - Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

31-19-23. Procedure to effect immediate taking--Declaration of taking--Contents of declaration.
In any proceeding in any court of the State of South Dakota which has been or may be instituted by and in the name of and under the authority of the State of South Dakota through its Department of Transportation, or by a municipality, pursuant to a resolution of necessity for the acquisition of any land or easement or right-of-way in land for the public use, pursuant to §§31-19-1 to 31-19-20, inclusive, or pursuant to §9-12-1 or 9-27-1 and chapter 21-35, the petitioner may file in the cause, with the petition or any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the secretary of transportation or by the mayor of a municipality, declaring that the lands are thereby taken for the use of the State of South Dakota or by the municipality. The proceedings as provided under this chapter may be utilized by a municipality only if it is acquiring land, or an easement, or a right-of-way for streets or roadways, or uses directly associated to streets or roadways. The declaration of taking shall contain or have annexed thereto:
(1)A statement of the authority under which, and the public use for which, said lands are taken;
(2)A description of the lands taken sufficient for the identification thereof;
(3)A statement of the estate or interest in said lands taken for said public use;
(4)Name of owner of the property or persons in interest, as are known;
(5)A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken and damaged;
(6)Any prior written memoranda or agreement, right-of-way plans and specifications for the proposed highway, setting forth in detail the access roads, underpasses, overpasses, drainage facilities, and other features as pertain to the adjacent landowner's access to, and means of crossing over and under the proposed highway, together with a description of any additional factors which the state or municipality intends to rely upon in mitigation of damages. Any substantial deviation by the department of transportation or municipality from the written memoranda or agreement, plans and descriptions so filed which amounts to an additional taking or damage, shall entitle the affected landowner to proceed against the state or municipality for additional compensation;
(7)A detailed appraisal upon which the amount of the state's or municipality's deposit is based.
Source:
SL 1963, ch 195, §1; SL 1990, ch 226, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-24 - Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.

31-19-24. Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.
Title to the lands in such estate or interest therein as is specified in the declaration described in §31-19-23 shall vest in the State of South Dakota or the municipality, and the land shall be deemed to be condemned and taken for the use of the State of South Dakota or the municipality, and the right to just compensation for the same shall vest in the persons entitled thereto either on the date the decision is rendered at the hearing provided in §31-19-10.1 or the date the hearing is waived.
Source:
SL 1963, ch 195, §1; SL 1976, ch 184, §4; SL 1990, ch 226, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-25 - Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.

31-19-25. Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.
Upon the filing of a declaration of taking pursuant to §31-19-23, the court shall fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. To that end, a notice shall issue to the effect that if the defendants do not appear in or respond to the proceedings within thirty days after service thereof, exclusive of the day of such service, the state or municipality shall apply to the court for an order of possession. Thereupon, by order of the court, a notice of hearing shall be issued and served as provided in §31-19-26, upon the recorded owners of all lands sought to be acquired or damaged, fixing a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by §31-19-10.1 is filed, in which case the hearing provided herein may be held sooner. The court shall make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as may be just and equitable.
Source:
SL 1963, ch 195, §1; SL 1976, ch 184, §5; SL 1990, ch 226, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-26 - Service of declaration of taking--Registered or certified mail.

31-19-26. Service of declaration of taking--Registered or certified mail.
A copy of the declaration of taking filed pursuant to §31-19-23 and amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at their last known post office address.
Source:
SL 1963, ch 195, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-28 - Court deposit of money required for taking--Expediting distribution of money.

31-19-28. Court deposit of money required for taking--Expediting distribution of money.
If the State of South Dakota through its Department of Transportation or a municipality elects to utilize the procedures set forth in §§31-19-23 to 31-19-27, inclusive, for possession of property, the petitioner shall deposit with the court the money required by §31-19-24 as a condition to the exercise of such power. In such cases, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the board's right to take as provided in §31-19-10.1.
Source:
SL 1963, ch 195, §3; SL 1976, ch 184, §6; SL 1990, ch 226, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-29 - Payment of moneys on deposit--Payment of additional moneys after award is made.

31-19-29. Payment of moneys on deposit--Payment of additional moneys after award is made.
Upon the application of the parties in interest, the court may order that one hundred percent of the money deposited in court pursuant to §31-19-28, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded in respect of the lands, or upon any parcel thereof, shall exceed the amount of money so received by any person entitled, the court shall enter judgment against the State of South Dakota or the municipality for the amount of the deficiency.
Source:
SL 1963, ch 195, §1; SL 1990, ch 226, §6.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-30 - Payment to owner--Receipt by owner--Contents of receipt.

31-19-30. Payment to owner--Receipt by owner--Contents of receipt.
Every owner entitled to deposit or portion thereof, before the same shall be paid to him by the clerk of courts, shall sign and execute a receipt therefor. Such receipt shall contain a description of the premises covered by the award.
Source:
SL 1963, ch 195, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-31 - Priority of proceedings to determine just compensation.

31-19-31. Priority of proceedings to determine just compensation.
Court proceedings necessary to determine just compensation for property, immediate possession of which was acquired by declaration of taking by the State of South Dakota through its Department of Transportation or a municipality, may take precedence over all other cases not involving public interest in all courts.
Source:
SL 1963, ch 195, §9; SL 1990, ch 226, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-32 - Right to jury trial--Waiver--Placing cause on calendar without notice.

31-19-32. Right to jury trial--Waiver--Placing cause on calendar without notice.
The owner or any persons in interest shall have a jury trial, unless jury trial is waived, to determine their damages and such cause shall be placed on the court calendar for trial without notice at the next regular term of court in the county in which such case is pending.
Source:
SL 1963, ch 195, §10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-33 - Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.

31-19-33. Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.
After the right to compensation has vested pursuant to §31-19-24, the condemnation action in which the declaration of taking has been filed shall go to trial and just compensation shall be ascertained and awarded in the proceeding and be established by judgment. The judgment shall include interest at the Category A rate of interest as established in §54-3-16 on the amount finally awarded as the value of the property as of the date of the court deposit. Interest shall accumulate from that date to the date of payment, but interest may not be allowed on money which has been paid into the court.
Source:
SL 1963, ch 195, §1; SL 1983, ch 28, §44; SL 1984, ch 214; SL 1984, ch 319, §20.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-34 - Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.

31-19-34. Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.
If the compensation finally awarded to any defendant exceeds the amount which has been paid to him on distribution of the deposit, the court shall enter judgment against the petitioners and in favor of the defendant for the deficiency. If the compensation finally awarded to any defendant is less than the amount which has been paid to him on distribution of the deposit the court shall enter judgment against the defendant and in favor of the petitioner for the overpayment.
Source:
SL 1963, ch 195, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-35 - Prohibition against abandoning condemnation proceeding.

31-19-35. Prohibition against abandoning condemnation proceeding.
A proceeding to condemn land for public use may not be abandoned after filing of declaration of taking, so as to deprive an owner whose property had been taken of his constitutional right to have damages assessed and paid in money.
Source:
SL 1963, ch 195, §7.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-36 - Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.

31-19-36. Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.
In any case in which the State of South Dakota or a municipality has taken possession of any real property during the course of condemnation proceedings and in advance of final judgment therein, and the State of South Dakota or the municipality has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing, moving, or selling existing structures on said land and in erecting public improvements or public works thereon; provided, that in the opinion of the attorney general or in the case of a municipality, the municipality's attorney, the title has been vested in the State of South Dakota or the municipality.
Source:
SL 1963, ch 195, §6; SL 1990, ch 226, §8.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-37 - Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.

31-19-37. Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.
In any condemnation proceeding instituted by or on behalf of the State of South Dakota, the attorney general may stipulate or agree upon behalf of the State of South Dakota to exclude any property or part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the State of South Dakota by declaration of taking or otherwise. In the case of a municipality, the municipality's attorney or other duly authorized representative may take the action provided in this section.
Source:
SL 1963, ch 195, §8; SL 1990, ch 226, §9.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-38 - Appeal as not delaying proceeding.

31-19-38. Appeal as not delaying proceeding.
No appeal in any cause under §§31-19-23 to 31-19-34, inclusive, nor any bond or undertaking given therein operates to prevent or delay vesting of title, interest, or possession to such lands in the State of South Dakota or the municipality.
Source:
SL 1963, ch 195, §4; SL 1990, ch 226, §10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-40 - Procedure as cumulative.

31-19-40. Procedure as cumulative.
Nothing in §§31-19-23 to 31-19-38, inclusive, may be construed as to impair any provisions of chapter 21-35 or §§31-19-1 to 31-19-21, inclusive, or §§9-12-1 and 9-27-1, but the proceedings herein provided for are additional and cumulative thereto.
Source:
SL 1963, ch 195, §5; SL 1990, ch 226, §11.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-41.1 - Uneconomic remnant from land acquisition by county or first or second class municipality.

31-19-41.1. Uneconomic remnant from land acquisition by county or first or second class municipality.
A county or first or second class municipality acquiring right-of-way for a highway or street improvement with federal-aid funds shall offer to acquire any remaining property remnant if the acquisition of only part of the property would leave its owner with an uneconomic remnant.
Source:
SL 1983, ch 229.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-42 - Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.

31-19-42. Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.
Any first or second class municipality, county, township, or other governmental agency may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the municipal, county, or township highway system, for the functional operation of the municipality, county, or township, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the municipality or county. The Department of Transportation may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the state highway system, for the functional operation of the department, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the state. The department may not acquire fee ownership in right-of-way taken by condemnation proceedings.
Source:
SL 1961, ch 145, §1; SL 1967, ch 116; SL 1983, ch 226, §1; SL 1986, ch 238, §1; SL 1992, ch 60, §2; SL 2010, ch 148, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-43 - Title to land.

31-19-43. Title to land.
Land acquired pursuant to §31-19-42 is to be held in the name of the State of South Dakota acting by and through its Department of Transportation or the first or second class municipality or county which acquired the land.
Source:
SL 1961, ch 145, §1; SL 1967, ch 116; SL 1983, ch 226, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-44 - Lease of non-right-of-way property.

31-19-44. Lease of non-right-of-way property.
The Department of Transportation may lease property acquired under §31-19-42 that will not be sold immediately.
Source:
SL 1961, ch 145, §4 as added by SL 1967, ch 116.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-45 - Sale of non-right-of-way property.

31-19-45. Sale of non-right-of-way property.
The Department of Transportation is authorized when in its opinion real estate acquired pursuant to §31-19-42 is no longer needed for the purpose it was acquired, to sell and dispose of same in the manner set forth by law for the disposal and sale of highway real property.
Source:
SL 1961, ch 145, §2; SL 1967, ch 116.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-46 - Exchange of non-right-of-way property.

31-19-46. Exchange of non-right-of-way property.
Notwithstanding § 31-2-27, the Department of Transportation may exchange acquired lands with landowners from whom right-of-way or real property may be needed.
Source:
SL 1961, ch 145, §3 as added by SL 1967, ch 116; SL 2021, ch 128, § 3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-47 - Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.

31-19-47. Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.
Whenever the owner of real property relinquishes possession of it to the Department of Transportation under an agreement whereby the amount of damages for the taking remain to be determined, interest shall accrue at the Category A rate of interest as established in §54-3-16 from the date of the agreement to the date of payment of the damages finally determined, whether the damages are determined by negotiation or condemnation, unless payment is tendered under the provisions of §31-19-48.
Source:
SL 1963, ch 193; SL 1964, ch 96; SL 1967, ch 117; SL 1983, ch 28, §45; SL 1984, ch 319, §21.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-48 - Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.

31-19-48. Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.
In the circumstances described by §31-19-47, the Department of Transportation may tender to the owner a portion or all of the state's estimated compensation for such acquisition. Tender of funds shall operate to stop the running of interest on the sum tendered. The landowner may accept such money without in any way prejudicing his rights during the trial of this matter, nor can this fact or the amount of money accepted hereunder, be brought before the court or jury by either the state or the landowner.
Source:
SL 1963, ch 193, §2 as added by SL 1967, ch 117.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-49 - Financial assistance to persons displaced by highway acquisition.

31-19-49. Financial assistance to persons displaced by highway acquisition.
If federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation, any board of county commissioners, or any county highway board may match such federal funds to the extent provided by federal regulation as of February3, 2005.
Source:
SL 1963, ch 194; SL 1969, ch 114; SL 1971, ch 178, §1; SL 1987, ch 210, §10; SL 1988, ch 48, §2; SL 2006, ch 156, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-49.1 - Financial assistance when federal funds are unavailable.

31-19-49.1. Financial assistance when federal funds are unavailable.
If federal funds are not available or used for payment of direct financial assistance to persons displaced by the acquisition of property by the Department of Transportation or counties, the department or boards of county commissioners or county highway boards may provide direct financial assistance to such persons. Financial assistance authorized by this section may not exceed the total amount that would have been payable under §31-19-49 if federal funds had been available or used.
Source:
SL 1963, ch 194 as enacted by SL 1969, ch 114; SL 1971, ch 178, §2; SL 1987, ch 210, §11.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-60 - Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.

31-19-60. Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.
If the Department of Transportation or any board of county commissioners determines that any lands taken by condemnation proceedings or acquired as public use easements are no longer required for use in constructing or repairing public highways, the Transportation Commission or the board shall adopt a resolution to that effect and such lands shall revert to their former owner or his assigns. The Department of Transportation may sell and dispose of any lands acquired by gift, devise, or purchase in which fee ownership was obtained and which is no longer needed for the purpose it was acquired. The land shall be sold in the same manner set forth by §31-2-27. However, an abutting landowner shall have the first opportunity to purchase any right-of-way to the center of the right-of-way at its appraised value. No reversion, sale, or disposition of any highway as provided in this chapter may diminish any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.
Source:
SDC 1939, §28.1304; SL 1986, ch 238, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-63 - Transfer of right-of-way between state and political subdivisions.

31-19-63. Transfer of right-of-way between state and political subdivisions.
The state, by and through the Department of Transportation may convey and transfer any highway right-of-way held by the state to a political subdivision and the political subdivisions may convey and transfer such highway rights-of-way to the state or to each other without requiring payment therefor. Each conveyance shall be made only after mutual agreement between the grantor and grantee. Each conveyance and transfer shall be held by the grantee for public highway purposes.
Source:
SL 1971, ch 181, §1; SL 2009, ch 147, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-63.1 - Transfer of right-of-way to federal government or Indian tribe.

31-19-63.1. Transfer of right-of-way to federal government or Indian tribe.
In addition to the provisions of §31-19-63, the Department of Transportation, board of county commissioners, or township board of supervisors may convey and transfer any highway right-of-way under the department's or board's jurisdiction to the federal government or to any Indian tribe without requiring payment therefor. The conveyance shall be made only after mutual agreement between the state, county, or township and the federal government or the Indian tribe. Each conveyance and transfer shall be held by the federal government or the Indian tribe for public highway purposes.
Source:
SL 2009, ch 147, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-64 - Order or resolution to transfer right-of-way--Conveyance--Effect.

31-19-64. Order or resolution to transfer right-of-way--Conveyance--Effect.
If the Department of Transportation or the governing body of a political subdivision of this state holding public highway right-of-way deems it advisable and to the best interest of the public to convey such right-of-way as provided in §31-19-63 or 31-19-63.1, it shall by executive order or resolution direct that the property be so conveyed and transferred. Thereupon a deed of conveyance shall be made to the grantee, which deed shall vest in the grantee therein all the interest of the grantor in and to the right-of-way so conveyed.
Source:
SL 1971, ch 181, §2; SL 2009, ch 147, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 19 - Acquisition Of Land And Materials For Highway Purposes › Section 31-19-65 - Functional replacement of real property in public ownership.

31-19-65. Functional replacement of real property in public ownership.
The Department of Transportation may, pursuant to state law, incur costs for the functional replacement of real property in public ownership. For the purpose of this section, functional replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.
Application of this law requires that:
(1)The property to be functionally replaced is in public ownership and its replacement is in the public interest;
(2)The owning agency desiring the functional replacement submits a formal request to the Department of Transportation to take such action;
(3)The current fair market value of the land or facility, or both, to be acquired for highway purposes is determined by appraisal; and
(4)Replacement sites and construction are in compliance with existing codes, laws, and zoning regulations for the area in which the facility will be relocated.
Source:
SL 1991, ch 234, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 20 - Use Of Publicly Owned Land For Highway Purposes › Section 31-20-1 - Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.

31-20-1. Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.
If deemed necessary by the Department of Transportation in order to avoid natural obstructions, to make a shorter system route, to eliminate curves, or to avoid valuable improvements, a highway may be located over and across any common school, endowment, or other state lands in the manner provided by law for laying out public highways, subject to the approval of the commissioner of school and public lands.
Source:
SL 1909, ch 32, §1; SL 1915, ch 214, §1; RC 1919, §8614; SDC 1939, §28.0108; SL 1953, ch 133; SL 2010, ch 145, §112.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 20 - Use Of Publicly Owned Land For Highway Purposes › Section 31-20-2 - Filing map of proposed location with commissioner of school and public lands--Contents of map.

31-20-2. Filing map of proposed location with commissioner of school and public lands--Contents of map.
Whenever it is proposed to locate any public highway over or across any common school, endowment, or other state lands, and prior to the locating of the same, there shall be filed in the office of the commissioner of school and public lands a map or plat of the proposed highway, clearly indicating the course of the same and the acreage required, and the amount of land proposed to be taken out of each smallest legal subdivision.
Source:
SL 1909, ch 32, §2; RC 1919, §8615; SDC 1939, §28.0109.