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.