Title 31 — HIGHWAYS AND BRIDGES

Whenever any road shall have been used, worked, and kept in repair as a public highway continuously for twenty years, the same shall be deemed to have been legally located or dedicated to the public, and shall be and remain a public highway until changed or vacated in some manner…

Upon the discontinuance and vacation of a highway pursuant to §§ 31-3-6 to 31-3-9 , inclusive, the title to the land embodied therein shall revert to the original owners or their grantees or successors in interest, and any removable guardrails, culverts, or other public improveme…

Whenever the governing body of any township, or county, of this state, having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway or street, alley, or public ground or any part thereof, not located within the corporate limits of …

The board of township supervisors may not vacate or change any portion of the state trunk highway system, the county highway system, or any highway within the corporate limits of any municipality. Source: SL 1935, ch 125 , § 3; SDC 1939, § 28.0413; SL 1978, ch 219 ; SL 1984, ch 2…

In case the highway to be vacated, changed, or located is upon a township line, it shall be necessary that the board of supervisors of the adjoining civil township, or the board of county commissioners of the county, if the adjoining congressional township is unorganized, as the …

Nothing in this chapter may be construed to prevent the township board, county board, or the Transportation Commission from reopening highways so vacated without payment of damages to landowners on account of reopening said highway. Source: SDC 1939, § 28.0416; SL 1985, ch 233 , …

Any public highway located under §§ 31-3-6 to 31-3-37 , inclusive, shall be at least sixty-six feet in width, and may be one hundred feet in width if all residents of land adjoining the highway petition for such width. However, a highway not exceeding one-half mile in length and …

The provisions of §§ 31-3-23 to 31-3-37 , inclusive, apply to all public highways by whatever authority located within any organized county that are not within the limits of any municipality. However, no portion of the state trunk highway system or county highway systems may be v…

Notwithstanding § 31-3-1 , the mere use by the public of any route of travel along or across public or private land, or the right - of - way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any perso…

The provisions of §§ 31-3-23 , 31-3-28 , 31-3-30 , 31-3-33 , 31-3-34 , 31-3-36 , and 31-3-37 do not apply to the highways on the boundary line of any municipality. Section 31-3-23 does not apply to any highway upon the county highway system or the trunk highway system. Source: SD…

Repealed by SL 1984, ch 12 , § 33 31-3-22

31-3-24 31-3-24 to 31-3-27. Repealed by SL 1985, ch 233 , §§ 11 to 14 31-3-28 Benefits considered in assessing damages. 31-3-29

If a public highway proposed to be located is not more than one mile in length, the board of county commissioners shall proceed as provided in §§ 31-3-28 to 31-3-37 , inclusive. However, the petition for the highway may be by but one or more petitioners and the board of county co…

The benefits to accrue to any owner, occupant, or claimant of land by reason of locating or changing any highway are to be considered by the commissioners or the viewers in the determination and award of damages for the same. Source: PolC 1877, ch 29, § 40; CL 1887, § 1230; RPolC…

31-3-31 31-3-31 , 31-3-32. Repealed by SL 1985, ch 233 , §§ 16, 17 31-3-33 Assessment and payment of damages. 31-3-34 Appeal to circuit court--Time allowed. 31-3-35

In all applications for the location, change, or vacation of any public highway, actual settlers upon any public lands in any county in this state shall have and possess all rights in this chapter granted to freeholders. Source: SL 1867-8, ch 13 , § 32; PolC 1877, ch 29, § 36; CL…

At the meeting of the board of county commissioners at which the report of the committee appointed to examine the highway is presented, any person over whose land the highway passes and who is opposed to the petition shall set forth in writing that he or she is damaged by the loc…

All damages sustained by reason of the locating, changing, or vacating of any highway pursuant to this chapter, shall be assessed and paid by the board having highway jurisdiction thereof or, if there is joint exercise of authority by more than one board, then the damages shall b…

Any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in awarding or refusing to award damages in locating, vacating, or changing any public highway un…

31-3-37 Expenses of survey--Payment by person seeking location of highway. 31-3-38

Public highways may be located without the appointment of viewers, provided the written consent of all the owners of the land to be used for that purpose be first filed in the county auditor's office, and if it is shown to the satisfaction of the board of county commissioners tha…

If a survey of the highway mentioned in § 31-3-36 is necessary, the board of county commissioners before ordering such survey shall require the persons asking for the location of such highway to pay the expenses of such survey. Source: SL 1883, ch 67 , § 2; CL 1887, § 1220; RPolC…

31-3-39 Field notes--Furnishing to board of supervisors of township. 31-3-40 Field notes--Recording in township highway record. 31-3-41 Relocation of highways--Contract of political subdivision with United States--Reimbursement. 31-3-42 Change in location of highway by political …

Upon the written request of the board of supervisors of any township, the county auditor shall furnish a copy of the description, field notes, and plat, if any, of each highway running into or through such township, as appears by the description, field notes, and plat on file or …

When a public highway is laid out and located upon a line dividing the land of two individuals, but not on the section line, one - half of the same must be taken, if practicable, from the land of each, provided whenever the taking of more land from one individual than the other w…

Upon the filing of such copy in the township clerk's office, the township clerk shall record the same in the highway record book of the township and such record shall be prima facie evidence of the existence of such highway according to the description and plat so on file. Source…

The legally constituted authorities of any county, township, or municipality in the State of South Dakota are hereby authorized and empowered to enter into contracts with the United States of America fixing the terms and conditions under which the part of any highway or system of…

The legally constituted authorities of any county, township, or municipality, in order to expeditiously carry out the terms of any contract or contracts entered into pursuant to § 31-3-41 , are authorized by resolution to make changes in the location of any part of the said highw…

No changes in the location of any highway or part of a highway or system of highways as contemplated, shall be entered into pursuant to § 31-3-41 until notice of the proposed changes of such highways shall have been published in the legal newspaper of the county in which said pro…

Any resolution and order of the township board of supervisors or the board of county commissioners to vacate, change, or locate a highway within a township or within a county and within the extraterritorial area of a municipality as defined in § 11-6-10 shall be subject to the ap…

No vacation, change, or relocation of any highway as provided under this chapter, nor any no maintenance designation of a highway as provided under chapter 31-12 , diminishes any existing right of use enjoyed by any utility, municipally owned utility, rural water system, or coope…

Upon the filing of a notice of appeal pursuant to § 31-3-14 and unless a petition or motion is filed with circuit court, the question shall be submitted to a vote of the voters at the next regular or special township meeting of the voters. The township clerk shall in the notice o…

No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor. Source: SL 18…

Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, …

Notwithstanding any other provisions of this chapter, no county or township may vacate a highway which provides access to public lands or public waters embracing an area of not less than forty acres. Source: SL 1989, ch 253 , § 1; SL 2012, ch 154 , § 1; SL 2018, ch 170 , § 1.

In case of the filing of a petition described in § 31-3-6 , the board shall, after giving notice of a public hearing, hold a public hearing called for the purpose of receiving public testimony about the action proposed by the petition. The board shall give notice of the public he…

The resolution and order provided for in § 31-3-7 shall describe the highway vacated, changed, or located in general language by description of the land across which the highway extends, or by landmarks or survey designate the particular highway intended. The county auditor shall…

Such resolution and order shall be printed in the minutes of the meeting of the board and the resolution shall be published in the official newspaper of said township, if any, otherwise in the nearest legal newspaper to said highway, once each week for at least two consecutive we…