Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-19-1 Erection of permanent landmarks by organized township--Monuments of durable material--Size and characteristics--Placement under contract
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Whenever a civil township meeting shall have lawfully ordered the erection of landmarks, the board of supervisors shall procure a sufficient number of monuments of stone, or other durable material, each not less than thirty inches in length and six inches square, flat top, having…
SDCL § 43-19-10 Monuments for landmarks in unorganized township--Procurement by board of county commissioners--Contract for survey and erection
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If such petition shall be granted, and in case no stay bond shall have been given upon an appeal from the order granting the petition, the board of county commissioners shall immediately proceed to procure monuments for such landmarks, and shall contract with a registered land su…
SDCL § 43-19-11 Bond of surveyor contracting to erect landmarks in unorganized township
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The surveyor with whom a contract is made pursuant to § 43-19-10 shall give bond as provided in this chapter, except that such surveyor's bond shall run to the county for the use of the township and such bond may be sued on by the county, and any judgment recovered thereon shall …
SDCL § 43-19-12 Survey for erection of landmarks in unorganized township--Certificate--Recording
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Sections 43-19-4 and 43-19-5 shall apply to and govern such survey and the certificate thereof and the recording of the surveyor's certificate. Source: SL 1901, ch 204 , § 2; RPolC 1903, § 1157; RC 1919, § 6146; SDC 1939, § 58.1206.
SDCL § 43-19-13 Levy of taxes for erection of landmarks in unorganized township
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In case any board of county commissioners shall grant any petition presented thereto under this chapter, such board shall ascertain the amount of money requisite for such purpose, and shall add such amount to the other amounts, if any, to be raised for township purposes in any su…
SDCL § 43-19-14 Tax levy for erection of landmarks in unorganized territory where petition was granted by board of county commissioners after time of making annual tax levy
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In case any petition presented under this chapter shall have been granted after the time of making the annual tax levy, such specific levy shall be made at the time of making the annual tax levy for the ensuing year; and the amount so levied shall be inserted in the tax roll and …
SDCL § 43-19-15 Landmarks set at originally established section corners--Presumption
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All landmarks set under authority of this chapter shall be presumptively deemed to be at the section and quarter section corners, as originally established by the United States survey, at which they respectively purport to be set. Source: SL 1901, ch 204 , § 3; RPolC 1903, § 1158…
SDCL § 43-19-16 Change of section corner established by United States survey unauthorized
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Nothing in this chapter shall authorize the changing of any section corner established by the United States survey. Source: SL 1901, ch 204 , § 3; RPolC 1903, § 1158; RC 1919, § 6147; SDC 1939, § 58.1208.
SDCL § 43-19-2 Unidentified section corners upon public highways--Location by township board of supervisors
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Whenever section corners upon the public highways cannot be identified the township board of supervisors may, without previous vote of the township meeting, have such corners located by a competent surveyor and cause landmarks similar to those described in § 43-19-1 to be erected…
SDCL § 43-19-3 Bond of surveyor contracting to erect permanent landmarks for organized township
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The surveyor with whom a contract is made pursuant to § 43-19-1 shall, before the signing and delivery of such contract, give a bond to the township in the sum of one thousand dollars, with sufficient sureties, to be approved by the board, conditioned that he will make a correct …
SDCL § 43-19-4 Manner of setting permanent landmarks--Reestablishment of section corners--Certificate of survey
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Such landmarks shall in all cases be set on section corners and quarter posts established by the United States survey, but if there be a clerical error or omission in the government field notes, or the bearing trees, mounds, or other locating evidences specified therein be destro…
SDCL § 43-19-5 Minutes of survey--Bearings and distances between monuments--Recording
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Such surveyor shall make, in all cases, a certificate setting forth correct and full minutes of the survey, and giving exact bearings and distances of each monument from each other monument nearest it on any line in the township, and such statement shall be recorded in the office…
SDCL § 43-19-6 Tax levy for erection of permanent landmarks by organized township
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In case any township shall vote in favor of the erection of permanent landmarks, the township board shall ascertain the amount of money requisite for such purpose, and deliver a statement of such amount to the township clerk, who shall add such amount to the other amounts to be r…
SDCL § 43-19-7 Petition in unorganized township to establish permanent landmarks--Filed with county commissioners--Consent to tax levy for payment of costs of survey--Notice and hearing
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Whenever two - thirds of all the owners of lands situated in any unorganized township shall petition the board of county commissioners for a survey of the sections and the establishment of section and quarter section landmarks in such township, and that such board procure materia…
SDCL § 43-19-8 Hearing on petition in unorganized township to establish permanent landmarks--Order of board of county commissioners
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Any person interested in any real property in such township may appear and be heard, for or against the granting of the petition, on the day named in such notice. After a hearing is had upon the petition the board shall by order grant or deny the petition. Source: SL 1901, ch 204…
SDCL § 43-19-9 Appeal from order granting petition to establish permanent landmarks--Stay of proceedings
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Any person feeling aggrieved by the granting of the petition may appeal from the order granting the same to the circuit court, at any time within thirty days after the order from which the appeal is taken was made. But no stay of proceedings upon such petition shall be had pendin…