Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-22-1 Right to access from isolated tract to highway
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Every owner of an isolated tract of land containing at least ten acres not touched by a passable public highway or smaller tract of land containing at least five acres used or intended to be used in good faith in whole or in part for residential purposes is entitled to an easemen…
SDCL § 31-22-2 Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice
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If the owner of such an isolated tract is unable to agree with the owner of surrounding lands for purchase of a right - of - way from such isolated tract of land to a public highway, he may apply to the board of county commissioners for relief, making his application in writing a…
SDCL § 31-22-3 Visit to land--Width of right - of - way--Convenience of parties--Use of section line or governmental fractional subdivision
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Upon the day set for such visit to such land for the purpose of laying out such right - of - way and appraising the damages to the owner of the surrounding land therefor, the county commissioners shall proceed to the place named, shall lay out a right - of - way not less than twe…
SDCL § 31-22-4 Assessment of damages--Report to county auditor--Destruction of records
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The county commissioners shall assess and determine the damage which the right - of - way is to the owner of the land across which it is laid, and they shall file with the county auditor a full report of all their proceedings in the premises, and the county auditor shall record t…
SDCL § 31-22-5 Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs
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The owner of the land over which such right - of - way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo.…
SDCL § 31-22-6 Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners
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Upon payment of the sum assessed to the owner of the land over which such right - of - way is laid or upon his refusal to accept the same upon the deposit of such sum with the clerk of courts of the county in which such lands are located, the right of the owner of such isolated t…
SDCL § 31-22-7 Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable
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If the right - of - way be laid along the line separating two farms, then the owner of the isolated tract for which such right - of - way was laid shall erect and maintain one - half of the fence along both sides of such right - of - way, but if it be laid through a farm and not …
SDCL § 31-22-8 Maintenance of right - of - way by dominant landowner
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Whenever such right - of - way has been laid out as provided by this chapter, the owner of such isolated tract of land shall keep and maintain such right - of - way at his or her own expense. Source: SL 1935, ch 179 , § 7; SDC 1939, § 28.0806.