Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-21-1 Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises
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Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating: (1) That such road runs into or through any swamp, bog, or meadow, …
SDCL § 31-21-10 Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch
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If the order and proceeding under this chapter be not appealed from within ten days from the filing thereof as provided in § 31-21-7 , such judgment, order, and finding shall be final, and the officer or person in charge of such road may proceed to open the ditch in accordance wi…
SDCL § 31-21-11 Entry upon land for maintenance of ditch
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At any time after a ditch shall have been opened under this chapter it shall be lawful for the officer or person having the highway in charge, from time to time as it may be necessary, to enter upon the lands through which such ditch has been opened for the purpose of keeping it …
SDCL § 31-21-12 Civil liability for obstruction of ditch
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Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury. Source: SL 1883, ch 112 , § 92; CL 1…
SDCL § 31-21-13 Obstruction of ditch as misdemeanor
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Any person who shall dam up, obstruct, or in any way injure any ditch opened under the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Source: SL 1883, ch 112 , § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.9912.
SDCL § 31-21-2 Form of notice
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The notice required by § 31-21-1 may be in substantially the following form: State of South Dakota County of __________ ss: To Mr. __________: Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in …
SDCL § 31-21-3 Filing of notice and affidavit--Service on landowner--Nonresident landowners
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The chairman of the township board of supervisors or board of county commissioners shall cause the notice required by § 31-21-1 , together with the affidavit, to be filed in the office of the township clerk or county auditor, and the clerk or auditor shall make true copies of suc…
SDCL § 31-21-4 Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting
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The person serving notice pursuant to § 31-21-3 shall make return thereon to the township clerk or county auditor stating the facts, and if it shall appear from such return that the owner of any such land does not reside in the county and that no occupant resides thereon, such cl…
SDCL § 31-21-5 Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner
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At the time specified in the notice required by § 31-21-1 the township supervisors or county commissioners shall proceed to examine the road and premises over which such ditch must pass and hear any reasons for or against laying out the same, and shall decide upon the application…
SDCL § 31-21-6 Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive
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In all cases under this chapter the township board of supervisors or board of county commissioners shall estimate the advantage and benefits the laying out and opening of such ditch will confer upon the owner of any land through which such ditch may run, as well as the disadvanta…
SDCL § 31-21-7 Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor
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If after taking all the circumstances into consideration the township supervisors or county commissioners shall be satisfied that the opening of a ditch under this chapter is necessary or advantageous to the public interest, they shall cause the same to be laid out and opened and…
SDCL § 31-21-8 Payment to landowner before opening of ditch
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When the amount of damages or compensation to be paid to any one or more of the owners of land taken for any ditch shall have been finally determined by proceedings under the provisions of this chapter the board of township supervisors or county commissioners, as the case may be,…
SDCL § 31-21-9 Appeal from decision to open ditch--Procedure applicable
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Any person through whose land any ditch described in § 31-21-7 shall pass may appeal from the decision of the supervisors or county commissioners to the circuit court for the county in which the premises are situated within the time and in the manner provided for other appeals fr…