If no right - of - way is needed for the building of a subway or overhead crossing on a state or county highway, the governing body having jurisdiction over the highway shall determine when it is necessary to eliminate the crossing. Source: SDC 1939, § 28.1103 (1); SL 1984, ch 216 , § 1; SL 1997, ch 177 , § 2. 31-27-8 to 31-27-10. Repealed by SL 1997, ch 177 , §§ 3 to 5