reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-431 - Optional form of revocation.

29A-6-431. Optional form of revocation.
The following form may be used to create an instrument of revocation under this part. The provisions of this part govern the effect of this or any other instrument used to revoke a transfer on death deed.
REVOCATION OF TRANSFER ON DEATH DEED
Identifying Information
Owner(s) of Property Who Join in This Revocation:
___________________________________________________________
___________________________________________________________
Address:
The undersigned, as the owner on the transfer on death deed recorded on (date) __________ in Book _______ of _______, Page _____ in the office of the register of deeds of __________ County, South Dakota, affecting real property legally described as follows: (legal description) _________________________________________________________ hereby revokes the previous transfer.
Dated
Signature/Address
Acknowledgment
Source:
SL 2014, ch 133, §31.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-432 - Optional form of affidavit of confirmation.

29A-6-432. Optional form of affidavit of confirmation.
The following form or a document that contains substantially all of the following information may be used to create the affidavit of confirmation:
AFFIDAVIT OF CONFIRMATION AND SURVIVORSHIP FOR TRANSFER ON DEATH DEED
State of South Dakota
County of _________________
I, ________________________, being first duly sworn on oath, state that to my personal knowledge:
1. ________________ (Decedent) is the person named in the certified copy of the Certificate of Death attached hereto.
2. On the date of death, Decedent was an owner of the property in ______________ County, South Dakota, legally described as follows: ___________________________________ and Decedent was the transferor in a transfer on death deed (Deed) recorded on _____________, as in Book ______ of _____, Page _____, in the office of the register of deeds of ______________ County, South Dakota.
3. The name(s) and address(es) of the Designated Beneficiary(ies) named in the Deed who survived the Decedent is(are):
_________________________________________________________
_________________________________________________________
_________________________________________________________
4. The name(s) and address(es) of the contingent beneficiary or person who takes under the anti-lapse statutes and who survived the Decedent.
_________________________________________________________
_________________________________________________________
5. The Designated Beneficiary(ies) named in the Deed who did not survive the Decedent is(are):
_________________________________________________________
_________________________________________________________
Certified copies of Certificate(s) of Death for any deceased Designated Beneficiary(ies) is(are) also attached hereto.
6. Notice of the death of the Decedent has been given to the South Dakota Department of Social Services and it has been determined that no assistance was provided or that any obligation for reimbursement to the department has been satisfied.
Affiant
Notary
Source:
SL 2014, ch 133, §32.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-433 - Uniformity of application and construction.

29A-6-433. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Source:
SL 2014, ch 133, §33.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-434 - Relation to Electronic Signatures in Global and National Commerce Act.

29A-6-434.Relation to Electronic Signatures in Global and National Commerce Act.
The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S. C. Section 7003(b).
Source:
SL 2014, ch 133, §34.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 06 - Non-Probate Transfers › Section 29A-6-435 - Applicability of chapter.

29A-6-435. Applicability of chapter.
The provisions of this part apply to any transfer on death deed executed, acknowledged, and recorded after July 1, 2014.
Source:
SL 2014, ch 133, §35.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 08 - Effective Date And Repealer › Section 29A-8-101 - Time of taking effect--Provisions for transition.

29A-8-101. Time of taking effect--Provisions for transition.
(a) This code takes effect on July 1, 1995.
(b) Except as provided elsewhere in this code:
(1)This code applies to decedents dying on or after July 1, 1995, to their estates, and to the identification and rights of their successors;
(2)This code applies to governing instruments executed by decedents dying on or after July 1, 1995, no matter when executed. Any rule of construction or presumption provided in this code applies to governing instruments executed before July 1, 1995, unless there is a clear indication of a contrary intent;
(3)This code applies to any proceedings in court commenced on or after July 1, 1995, regardless of the date of the decedent's death. Notwithstanding the repeal of Titles 29 and 30, the provisions of prior law continue to apply to any proceedings pending on July 1, 1995, except to the extent that the court, following petition therefor, orders that the procedures prescribed by this code be made applicable;
(4)An act done before July 1, 1995, in any proceeding and any right accrued before July 1, 1995, is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1995, those provisions shall remain in force with respect to such right.
Source:
SL 1995, ch 167, §8-101.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-1 - Highway defined.

31-1-1. Highway defined.
Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a highway. The term, highway, does not include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions, but the term includes a roadway or driveway upon grounds owned by any state agency, college, university, or institution if the governing agency, board, or commission by resolution so determines and the Department of Transportation concurs.
Source:
SL 1929, ch 251, §1 (n); SDC 1939, §28.0101; SL 1968, ch 120; SL 2010, ch 145, §10.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-2 - Bridges and culverts part of highway.

31-1-2. Bridges and culverts part of highway.
Bridges and culverts erected or maintained by the public constitute a part of the public highway. The terms, road or highway, whenever used in this title include any bridge upon or which form a part of the road or highway constructed, maintained, or to be improved; also any subway or underpass and any overhead crossing.
Source:
PolC 1877, ch 29, §48; CL 1887, §1238; RPolC 1903, §1643; RC 1919, §8669; SL 1919, ch 333, §8; SDC 1939, §§28.0101, 28.1401; SL 1968, ch 120; SL 2010, ch 145, §11.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-3 - Existing highways--Continuation as established.

31-1-3. Existing highways--Continuation as established.
All public highways lawfully established shall continue as established until changed or vacated as provided by law.
Source:
RC 1919, §8612; SDC 1939, §28.0103; SL 2018, ch 168, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-4 - Classification of highways of state.

31-1-4. Classification of highways of state.
The highways of this state consist of streets and alleys within the limits of municipal corporations, the state trunk highway system, the county highway systems of the several counties, and all other highways denominated secondary highways.
Source:
SDC 1939, §28.0107.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-5 - Administrative systems of highways--Classification.

31-1-5. Administrative systems of highways--Classification.
For the purpose of clarifying the duties and powers of the various governmental state agencies charged with the administration of the highways in South Dakota, the following definitions of highway systems shall be applicable:
(1)"State trunk system," the highways designated by statute to be controlled and supervised by the Department of Transportation;
(2)"County highway system," the highways designated by the board of county commissioners in organized counties under the supervision of these bodies that have been approved by the Department of Transportation;
(3)"Township highways," the secondary highways in organized townships that are administered by a board of township supervisors;
(4)"County secondary highways," the rural local highways in organized counties, excluding the approved county highway system, that are under the supervision of a board of county commissioners.
Source:
SL 1955, ch 106, §1; SDC Supp 1960, §28.0238.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-6 - Federal aid systems--Classification.

31-1-6. Federal aid systems--Classification.
For the purpose of clarifying the federal aid systems provided for in federal highway acts the following classifications are applicable in South Dakota:
(1)"National highway system including the interstate system," the highways designated by the state and federal government that are eligible for improvement with national highway system and interstate federal aid funds;
(2)"Surface transportation program," the urban and rural highways designated as arterial and collector routes not functionally classified as local or rural minor collectors, unless such roads were on a federal-aid highway system on January 1, 1991, including all highways formerly designated federal-aid secondary and federal-aid urban system by the state and federal government, and including the transportation enhancement activities as defined by section 101(a) of Title 23, United States Code as of December 18, 1991, that are eligible for improvement with surface transportation program federal aid funds.
Source:
SL 1955, ch 106, §2; SDC Supp 1960, §28.0239; SL 1984, ch 207, §12; SL 1993, ch 215.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 01 - Definitions And Classes Of Highways › Section 31-1-7 - Coexistence of administrative and federal aid systems.

31-1-7. Coexistence of administrative and federal aid systems.
To further clarify the relation of the administrative and federal aid systems as defined in §§31-1-5 and 31-1-6 be it known that any of the federal aid systems may be coexistent with any of the administrative systems.
Source:
SL 1955, ch 106, §3; SDC Supp 1960, §28.0240.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-13.1 - Rules--Promulgation.

31-2-13.1. Rules--Promulgation.
The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26, governing the following conditions in highway construction contracts:
(1)Site conditions;
(2)Suspensions of work ordered by the state (other than a suspension of work caused by the fault of the contractor or by weather);
(3)Material changes in the scope of work specified in the contract.
Source:
SL 1989, ch 249.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-13.2 - State highway fund--Use and expenditure of moneys--Purpose.

31-2-13.2. State highway fund--Use and expenditure of moneys--Purpose.
There is created a special fund in the state treasury to be known as the state highway fund. All moneys in the fund shall be used and expended under the direction of the Department of Transportation, for the purpose of constructing and maintaining highways and bridges in this state, paying the salaries and expenses of the Department of Transportation, and funding public transportation, as the moneys may be appropriated for these purposes by the Legislature.
Source:
SL 2005, ch 149, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-14 - Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way.

31-2-14. Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way.
The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair of highways shall be paid by the state treasurer from the state highway fund after the same have been duly appropriated from the fund by the Legislature and audited by the state auditor. State and federal highway funds necessary for construction of highways as defined in chapter 31-1 and purchase of rights-of-way and borrow pits pursuant to chapter 31-19, are hereby annually appropriated from the state highway fund. The amount of those funds expended for administrative purposes may not exceed seven percent of the available highway funds.
Source:
SDC 1939, §28.0205; SL 1953, ch 136; SL 1957, ch 125; SL 1964, ch 91; SL 1975, ch 190, §5; SL 1984, ch 207, §15; SL 1993, ch 216.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-14.1 - Rules to define "administrative purposes".

31-2-14.1. Rules to define "administrative purposes".
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of §31-2-14.
Source:
SL 1990, ch 224.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-14.2 - Use of state highway fund.

31-2-14.2. Use of state highway fund.
All moneys in the state highway fund shall be used only for the construction, maintenance, and supervision of highways and bridges in this state, for the administrative costs necessary to perform such duties, and for the funding of public transportation.
Source:
SL 1992, ch 201; SL 2005, ch 149, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-14.3 - Annual appropriation to Department of Revenue--Distribution.

31-2-14.3. Annual appropriation to Department of Revenue--Distribution.
There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to §41-6-70. The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year.
Source:
SL 1999, ch 59, §11; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-18 - Employment of persons with developmental disabilities.

31-2-18. Employment of persons with developmental disabilities.
The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1, for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines that the work can be performed by the person with a developmental disability at a cost substantially equal to the ordinary cost.
Source:
SL 1965, ch 143; SL 2010, ch 145, §13.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-19 - Construction and improvement of roads--Location of material--Public meetings.

31-2-19. Construction and improvement of roads--Location of material--Public meetings.
Whenever practical, the Department of Transportation shall investigate and determine the location of road material in the state, ascertain the most approved methods of construction and improvements of roads, and hold public meetings throughout the state when deemed advisable.
Source:
SL 1919, ch 333, §7; SDC 1939, §28.0207.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-20 - Adoption of standard plans and specifications.

31-2-20. Adoption of standard plans and specifications.
The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways.
Source:
SL 1919, ch 333, §7; SDC 1939, §28.0207.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-20.1 - Performance standards to measure overall condition of highways and bridges--Goals for maintenance.

31-2-20.1. Performance standards to measure overall condition of highways and bridges--Goals for maintenance.
The Department of Transportation shall establish performance standards designed to measure the overall condition of the highways and bridges on the state highway system, along with establishing ten-year goals for maintenance of these conditions. When establishing appropriate performance standards, the department may include nationally established standards and measurements required to be reported to the United States Department of Transportation.
The department shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on transportation on the current and projected condition of the highways and bridges on the state trunk highway system. This report shall include progress on meeting the ten-year goals for condition of the state highway system. If the projections show the ten-year goals will not be met, the department shall report the estimated amount of additional funding needed to achieve the goals.
Source:
SL 2015, ch 165, §24, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-21 - Supervision of construction and maintenance of state trunk highway system, bridges, and culverts.

31-2-21. Supervision of construction and maintenance of state trunk highway system, bridges, and culverts.
The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts.
Source:
SL 1919, ch 333, §7; SDC 1939, §28.0207; SL 1984, ch 207, §18.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-22 - Advice at county's request on maintaining its highway system.

31-2-22. Advice at county's request on maintaining its highway system.
The department shall, at the request of any county, give advice regarding difficult construction questions, pass upon the feasibility of any plan of road construction, improvement, and repair, and in general render any reasonable service to aid the county in the construction, maintenance, or repair of its county highway system.
Source:
SDC 1939, §28.0208; SL 1953, ch 138; SL 1993, ch 217.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-23 - Dissemination of highway information--Tourism publications.

31-2-23. Dissemination of highway information--Tourism publications.
For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamphlets, bulletins, and documents it deems necessary and expedient for informational and publicity purposes concerning the highways of the state, to support area travel shows intended to provide a balanced promotion of all areas of and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other items or matters of interest and value to the general public and road users; and the department may make or cause to be made from time to time a map or maps showing thereon the highways of the state and the municipalities, and other places of interest served and reached by said highways, and may cause to be printed, published, and prepared in a manner or form the department deems best, all of such information and data and provide for the distribution and dissemination of the same in such manner and method that will best serve the motoring public and road users.
Source:
SDC 1939, §28.0218; SL 1953, ch 143; SL 1971, ch 173; SL 1982, ch 17, §49; SL 1992, ch 60, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §59; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-24 - Contracts for tourist publicity.

31-2-24. Contracts for tourist publicity.
To the end described in §31-2-23, the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for the dissemination of advertising information, historical facts, statistics, and pictures that are useful and informative to the traveling public and to attract tourists to the state. The department may contract with motion picture producers and others for the taking of moving pictures or still pictures in the state and may provide for the showing of the films when taken. The department may join with other governmental departments of the state in publishing such informational or publicity matter.
Source:
SDC 1939, §28.0218 as added by SL 1953, ch 143; SL 1982, ch 218; SL 2018, ch 169, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-27 - Disposition of property no longer useful.

31-2-27. Disposition of property no longer useful.
The Department of Transportation may determine that material, machinery, equipment, or other personal property, or real property owned by the state and used by the department in maintenance or construction, which material, machinery, equipment, or other personal property is not needed for such purposes or is worn out to such an extent it is no longer useful in highway construction or maintenance, or that real property is no longer needed in the maintenance or construction of state trunk highways. The department may sell and dispose of the material, machinery, equipment, personal or real property according to the procedure prescribed by the commissioner of the Bureau of Administration.
Source:
SL 1941, ch 134; SL 1955, ch 98; SDC Supp 1960, §28.0222; SL 1963, ch 162; SL 1977, ch 54, §8; SL 1984, ch 207, §21; SL 1986, ch 238, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-32 - Auction sale of passenger automobiles.

31-2-32. Auction sale of passenger automobiles.
No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned.
Source:
SDC Supp 1960, §28.0222 as added by SL 1965, ch 133; SL 1984, ch 207, §22.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-33 - Cooperation in research projects for road development.

31-2-33. Cooperation in research projects for road development.
The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any place within or without the State of South Dakota for the development of facts and criteria capable of being used in the design and construction of highways, highway surfaces, and highway structures, and for the establishment of an engineering basis for the enactment of adequate and equitable legislation governing the allowable loading and method of taxation; to provide information as to types and capacities of highway vehicles which are practicable to be used in highway transportation; to procure special information concerning engineering problems, costs of maintaining highways at different capacities, the necessity for increased taxation to cover costs of highway capacities; and to produce reliable information as to how to realize the most efficient and economical vehicle capacities consistent with optimum over all highway transportation.
Source:
SL 1955, ch 105; SDC Supp 1960, §28.0237.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-34 - Action against state on construction contract--Venue of trial.

31-2-34. Action against state on construction contract--Venue of trial.
The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construction contract entered into by the South Dakota Department of Transportation. Any such action shall name the South Dakota Department of Transportation as defendant and the venue for trial shall be the county where all or part of the construction work was performed.
Source:
SL 1964, ch 110, §§1, 2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-35 - Hearing and determination of action against state--Right of appeal.

31-2-35. Hearing and determination of action against state--Right of appeal.
An action brought pursuant to §31-2-34 shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or decision of the trial court to the appropriate appellate court under the applicable rules of appeal.
Source:
SL 1964, ch 110, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-36 - Service of process on state.

31-2-36. Service of process on state.
Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota, in the manner provided for the service of process in actions brought in the circuit courts of the State of South Dakota, or by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota in the manner provided for service of process in actions brought in United States district courts, except only that the state shall be required to appear within thirty days after the day such process is served in the manner herein provided.
Source:
SL 1964, ch 110, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-37 - Time for actions against state.

31-2-37. Time for actions against state.
Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts.
Source:
SL 1964, ch 110, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-38 - Award of damages and costs--Payment by state.

31-2-38. Award of damages and costs--Payment by state.
The State of South Dakota shall pay to any successful litigant, the amount of damages awarded and the amount of costs assessed against the State of South Dakota, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.
Source:
SL 1964, ch 110, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 02 - Administration Of State Highways › Section 31-2-39 - Final judgment against state--Payment from state highway fund.

31-2-39. Final judgment against state--Payment from state highway fund.
No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obtained, shall forthwith send a certified copy of the judgment by registered or certified mail to the secretary of transportation, and to the state auditor. The auditor shall audit the amount of damages and costs therein finally awarded. The state treasurer shall pay the damages and costs out of the state highway fund.
Source:
SL 1964, ch 110, §6; SL 2010, ch 145, §14.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-1 - Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way.

31-3-1. Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way.
Whenever any road shall have been used, worked, and kept in repair as a public highway continuously for twenty years, the same shall be deemed to have been legally located or dedicated to the public, and shall be and remain a public highway until changed or vacated in some manner provided by law.
Such highway shall be sixty-six feet wide and shall be taken equally from each side of the roadbed center line. Nothing herein contained may prevent the highway authority charged with the construction, reconstruction, or repair of any public highway from purchasing or condemning right-of-way for widening the highway to more than sixty-six feet or from purchasing or condemning more right-of-way on one side of the roadbed center line than on the other, provided they deem it necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable buildings or to avoid unsuitable terrain.
Source:
SDC 1939, §28.0104; SL 1985, ch 232.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-2 - Public highway not established by mere use.

31-3-2. Public highway not established by mere use.
Notwithstanding §31-3-1, the mere use by the public of any route of travel along or across public or private land, or the right-of-way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof.
Source:
SL 1893, ch 100; RPolC 1903, §1632; RC 1919, §8613; SDC 1939, §28.0104.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-3 - Rights of settlers on public lands.

31-3-3. Rights of settlers on public lands.
In all applications for the location, change, or vacation of any public highway, actual settlers upon any public lands in any county in this state shall have and possess all rights in this chapter granted to freeholders.
Source:
SL 1867-8, ch 13, §32; PolC 1877, ch 29, §36; CL 1887, §1226; RPolC 1903, §1631; RC 1919, §8618; SDC 1939, §28.0112.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-4 - Location on boundary line--Half of highway taken from each side.

31-3-4. Location on boundary line--Half of highway taken from each side.
When a public highway is laid out and located upon a line dividing the land of two individuals, but not on the section line, one-half of the same must be taken, if practicable, from the land of each, provided whenever the taking of more land from one individual than the other will result in better alignment, less costly construction, or will save valuable trees or buildings from destruction, the highway may be laid out and the right-of-way taken unequally from said owners.
Source:
PolC 1877, ch 29, §44; CL 1887, §1234; RPolC 1903, §1639; RC 1919, §8619; SDC 1939, §28.0113; SL 1953, ch 134.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-5 - Damages assessed--Payment before use of road.

31-3-5. Damages assessed--Payment before use of road.
No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor.
Source:
SL 1867-8, ch 13, §25; PolC 1877, ch 29, §28; CL 1887, §1216; RPolC 1903, §1621; RC 1919, §8620; SDC 1939, §28.0114.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-6 - Petition to locate, change, or vacate a highway.

31-3-6. Petition to locate, change, or vacate a highway.
Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44, vacate, change, or locate a highway in the township, if the public interest will be better served by the action.
Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44, vacate, change, or locate a highway in the county, if the public interest will be better served by the action.
Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7, and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.
The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.
Source:
SDC 1939, §28.0410; SL 1984, ch 208, §2; SL 1985, ch 233, §1; SL 2021, ch 122, § 1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-6.1 - Access to public lands or public waters.

31-3-6.1. Access to public lands or public waters.
Notwithstanding any other provisions of this chapter, no county or township may vacate a highway which provides access to public lands or public waters embracing an area of not less than forty acres.
Source:
SL 1989, ch 253, §1; SL 2012, ch 154, §1; SL 2018, ch 170, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-7 - Public hearing--Notice--Affirmative resolution of board--Order.

31-3-7. Public hearing--Notice--Affirmative resolution of board--Order.
In case of the filing of a petition described in §31-3-6, the board shall, after giving notice of a public hearing, hold a public hearing called for the purpose of receiving public testimony about the action proposed by the petition. The board shall give notice of the public hearing by publication in the official newspaper of said township, if any, otherwise in the nearest legal newspaper of said county, once each week for at least two consecutive weeks. The notice of the public hearing shall state the purpose, date, time, and location of the hearing and a legal description of the location of the highway and the action proposed by the petition and how information, opinions, and arguments may be presented by any person unable to attend the hearing. The board shall, by resolution, determine whether the public interest will be better served by such proposed vacating, changing, or locating of the highway in question, and upon resolution in the affirmative, shall make its order that such highway be vacated, changed, or located.
Source:
SDC 1939, §28.0411; SL 1951, ch 138, §1; SL 1985, ch 233, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-8 - Resolution and order of board--Description of land--Map maintained by county auditor--Recording.

31-3-8. Resolution and order of board--Description of land--Map maintained by county auditor--Recording.
The resolution and order provided for in §31-3-7 shall describe the highway vacated, changed, or located in general language by description of the land across which the highway extends, or by landmarks or survey designate the particular highway intended. The county auditor shall prepare and maintain a current map showing the course and location of all county highways within or on the border of the county. The county auditor shall, within thirty days of the resolution and order provided for in §31-3-7, make those changes to the map as necessary to reveal the course and location of any county highway vacated, changed, or located. A certified copy of the resolution and order shall be filed with the register of deeds.
Source:
SDC 1939, §28.0412; SL 1985, ch 233, §3; SL 1998, ch 167, §1; SL 2012, ch 155, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-9 - Resolution and order--Entry in minutes--Publication.

31-3-9. Resolution and order--Entry in minutes--Publication.
Such resolution and order shall be printed in the minutes of the meeting of the board and the resolution shall be published in the official newspaper of said township, if any, otherwise in the nearest legal newspaper to said highway, once each week for at least two consecutive weeks, and such highway shall be, after a lapse of thirty days, vacated, changed, or located, without further proceedings unless appeal as provided for in this chapter.
Source:
SDC 1939, §28.0411; SL 1951, ch 138, §1; SL 1972, ch 166, §1; SL 1985, ch 233, §4.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-10 - Discontinuance and vacation--Reversion of title to land--Removal of improvements.

31-3-10. Discontinuance and vacation--Reversion of title to land--Removal of improvements.
Upon the discontinuance and vacation of a highway pursuant to §§31-3-6 to 31-3-9, inclusive, the title to the land embodied therein shall revert to the original owners or their grantees or successors in interest, and any removable guardrails, culverts, or other public improvements upon such vacated highway may be removed and returned to the political subdivision by which the same were made or supplied.
Source:
SL 1935, ch 125, §2; SDC 1939, §28.0412.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-11 - Validation of vacation of highway not within municipality.

31-3-11. Validation of vacation of highway not within municipality.
Whenever the governing body of any township, or county, of this state, having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway or street, alley, or public ground or any part thereof, not located within the corporate limits of any municipality, and, after due hearing such governing body has granted or shall grant the petition in whole or in part and there was, or shall be, recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source:
SL 1951, ch 138, §2; SDC Supp 1960, §28.0411-1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-12 - Limitation of jurisdiction of township supervisors.

31-3-12. Limitation of jurisdiction of township supervisors.
The board of township supervisors may not vacate or change any portion of the state trunk highway system, the county highway system, or any highway within the corporate limits of any municipality.
Source:
SL 1935, ch 125, §3; SDC 1939, §28.0413; SL 1978, ch 219; SL 1984, ch 208, §3.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-13 - Highway on township line--Joint resolution.

31-3-13. Highway on township line--Joint resolution.
In case the highway to be vacated, changed, or located is upon a township line, it shall be necessary that the board of supervisors of the adjoining civil township, or the board of county commissioners of the county, if the adjoining congressional township is unorganized, as the case may be, pass a like resolution and enter an order vacating, changing, or locating said highway.
Source:
SL 1935, ch 125, §4; SDC 1939, §28.0414.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-14 - Appeal from township board to vote of voters.

31-3-14. Appeal from township board to vote of voters.
Six or more voters of the township, aggrieved by the action of the board of supervisors in vacating, changing, or locating a highway may file with the township clerk a notice in writing within thirty days from the date of the first publication pursuant to §31-3-9, that they appeal the decision on whether the highway shall be vacated, changed, or located to be submitted to a vote of the voters of the township.
Source:
SL 1935, ch 125, §5; SDC 1939, §28.0415; SL 2014, ch 48, §18.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-17 - Reopening vacated section lines without payment of damages.

31-3-17. Reopening vacated section lines without payment of damages.
Nothing in this chapter may be construed to prevent the township board, county board, or the Transportation Commission from reopening highways so vacated without payment of damages to landowners on account of reopening said highway.
Source:
SDC 1939, §28.0416; SL 1985, ch 233, §8.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-18 - Width of highway.

31-3-18. Width of highway.
Any public highway located under §§31-3-6 to 31-3-37, inclusive, shall be at least sixty-six feet in width, and may be one hundred feet in width if all residents of land adjoining the highway petition for such width. However, a highway not exceeding one-half mile in length and not located on any section line shall be at least thirty-three feet in width if, in the judgment of the board of county commissioners, such width is sufficient to accommodate properly the travel on the highway. Each order locating or changing any highway shall specify the width of the highway.
Source:
SL 1883, ch 112, §51; CL 1887, §1311; RPolC 1903, §1722; RC 1919, §8544; SDC 1939, §28.0315; SL 2018, ch 168, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-19 - County location proceedings--Highways to which applicable.

31-3-19. County location proceedings--Highways to which applicable.
The provisions of §§ 31-3-23 to 31-3-37, inclusive, apply to all public highways by whatever authority located within any organized county that are not within the limits of any municipality. However, no portion of the state trunk highway system or county highway systems may be vacated, changed, or located except with the approval of and in accordance with an order made by the Department of Transportation.
Source:
SDC 1939, §28.0601; SL 1992, ch 60, §2; SL 2021, ch 128, § 1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-20 - Municipal boundary highways--County and trunk highway systems.

31-3-20. Municipal boundary highways--County and trunk highway systems.
The provisions of §§31-3-23, 31-3-28, 31-3-30, 31-3-33, 31-3-34, 31-3-36, and 31-3-37 do not apply to the highways on the boundary line of any municipality. Section 31-3-23 does not apply to any highway upon the county highway system or the trunk highway system.
Source:
SDC 1939, §28.0602; SL 1951, ch 139, §1; SL 1985, ch 233, §9; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 03 - Location, Change And Vacation Of Highways › Section 31-3-23 - Proceedings on short highway without usual number of petitioners--Payment of damages.

31-3-23. Proceedings on short highway without usual number of petitioners--Payment of damages.
If a public highway proposed to be located is not more than one mile in length, the board of county commissioners shall proceed as provided in §§ 31-3-28 to 31-3-37, inclusive. However, the petition for the highway may be by but one or more petitioners and the board of county commissioners shall require the petitioner or petitioners for the highway to pay the damages assessed for the location of the highway.
Source:
SL 1913, ch 235; SL 1915, ch 211, §2; RC 1919, §8537; SL 1919, ch 333, §14; SDC 1939, §28.0602; SL 1951, ch 139, §1; SL 2021, ch 128, § 2.