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16 chapters · 374 sections in this title.
SDCL § 45-5-1 Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures
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If a mine or mining claim patented under the laws of the United States or held under the local laws and customs of this state is so situated that it cannot be conveniently worked without a road providing access; without a ditch, cut, or flume to convey water to the mining claim o…
SDCL § 45-5-10 Appeal from assessment of damages--Limited to amount of damages--Jury trial
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Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases. Source: SL 1881, ch 97 , § 10; CL 1887, § 2025; RPolC 1903, § 2559; RC 1919, § 8753; SDC 1939, § 42.0209.
SDCL § 45-5-11 Bond pending appeal
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The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in § 45-5-6 , if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved b…
SDCL § 45-5-12 Costs of appeal
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If the appellant recovers fifty dollars more damages than the commissioners have awarded or if the respondent offers to allow judgment against the respondent to be taken, the respondent shall pay the costs of the appeal; otherwise the appellant shall pay the costs. Source: SL 188…
