Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-19-49.1 Financial assistance when federal funds are unavailable
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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 …
SDCL § 31-19-5 Omitted defendants--Amendment of petition
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If any person who is a proper party defendant to such proceeding, or any property affected thereby, shall have been omitted from said petition or notice, the plaintiff may file amendments to the same, which amendments from the filing thereof shall have the same effect as though c…
SDCL § 31-19-6 Notice in register of deeds' office--Contents of notice--Effect of notice
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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 …
SDCL § 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
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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 t…
SDCL § 31-19-63 Transfer of right-of-way between state and political subdivisions
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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 requiri…
SDCL § 31-19-63.1 Transfer of right-of-way to federal government or Indian tribe
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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 Indi…
SDCL § 31-19-64 Order or resolution to transfer right-of-way--Conveyance--Effect
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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 execu…
SDCL § 31-19-65 Functional replacement of real property in public ownership
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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 bot…
SDCL § 31-19-7 Summons to defendants--Contents--Time for response
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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…
SDCL § 31-19-8 Service of summons--Unknown parties--Publication of summons
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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 t…
SDCL § 31-19-9 Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons
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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…
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
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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, …