Title 31 — HIGHWAYS AND BRIDGES

Source: SL 2004, ch 196 , § 7.

The land or material for right - of - way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said land or material is to be acquired by condemnation the proceedings shall be as provided by §

The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right - of - way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a r…

No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to §

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.

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…

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 t…

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 h…

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 …

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.

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.

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; S…

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.

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 t…

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 s…

Before acquiring land or material by condemnation, the Department of Transportation shall, by resolution, declare the necessity for acquiring the land or material and file a copy of the resolution with the office of right - of - way in the department. Source: SL 1939, ch 113 , § …

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 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 intere…

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. 31-19-22. R…

31-19-23 Procedure to effect immediate taking--Declaration of taking--Contents of declaration. 31-19-24 Title vesting in state or municipality--Right to compensation vesting in owner--Effective date. 31-19-25 Time for surrender of possession--Notice to nonappearing defendants--Or…

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…

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 mun…

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 th…

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 …

If any person who is a proper party defendant, or any property affected thereby, shall have been omitted from the declaration of taking filed pursuant to § 31-19-23 , the plaintiff may file amendments to include the same, which amendments from the filing thereof shall have the sa…

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…

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 compens…

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 …

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.

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 invol…

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. Sourc…

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 sh…

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 d…

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.

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…

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 o…

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 199…

31-19-40 Procedure as cumulative. 31-19-41

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 ful…

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 , …

31-19-41.1 Uneconomic remnant from land acquisition by county or first or second class municipality. 31-19-42 Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical. 31-19-43 Title to land. 31-19-44…

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 re…

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 t…

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…

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 .

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. Sourc…

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.

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…

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 ma…

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 r…