Title 31 — HIGHWAYS AND BRIDGES
36 chapters · 798 sections in this title.
SDCL § 31-13-30 Street improvements in unincorporated towns
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Whenever any unincorporated town which is laid out into streets is included in the limits of an organized civil township, the township supervisors may cause improvements to be made in said streets. Source: SL 1872-3, ch 51 , § 49; PolC 1877, ch 23, § 33; SL 1883, ch 112 , ch 1, §…
SDCL § 31-13-31 Validation of construction and repair contracts between townships and residents or landowners
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All contracts or agreements of supervisors of organized civil townships, entered into between such supervisors and residents or landowners of such township, whereby such residents or landowners were to perform work, furnish equipment and material in the construction or repair of …
SDCL § 31-13-32 Improvement of platted streets by special assessment--Definition of terms
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For the purposes of §§ 31-13-32 to 31-13-54 , inclusive, subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. For the purposes of §§ 31-13-32 to…
SDCL § 31-13-33 Supervisors' resolution of necessity for improvement--Contents
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Whenever the board of supervisors of any township deem it necessary to open, widen, extend, grade, gravel, surface with oil or other bituminous material, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in, curb, gutter, drain, or otherw…
SDCL § 31-13-34 Combining of streets in one resolution--Uniformity required
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The improvement of more than one street may be embraced in one proposed resolution if the improvement is substantially uniform as to all streets embraced therein. Minor variations in the amount of earth work, drainage, or labor or other minor variations in the construction expens…
SDCL § 31-13-35 Combining of streets in one resolution when improvements not uniform
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If the improvements are not substantially uniform, then the improvement of two or more streets or portions of the same on which the improvements are not uniform may be included in one resolution, if the nature of the improvement or its estimated cost per linear foot on each porti…
SDCL § 31-13-36 Township assumption of cost--Referendum
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If it is deemed expedient for the township to assume and pay any portion of the cost of the improvement, the resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution, subject to the right of referendum on such resolution, pursuant to the …
SDCL § 31-13-37 Publication of resolution--Notice of supervisors' meeting--Hearing of objections
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The resolution required by § 31-13-33 shall be published once in the official newspapers of the county, with an appended notice stating the place and time, at least two weeks after such publication, at which the board of supervisors will meet for the consideration of the adoption…
SDCL § 31-13-38 Resolution not requiring publication
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If the improvement is petitioned for by the owners of more than fifty - five percent of the frontage of the property to be assessed therefor, it may be provided for by resolution without publication. Source: SL 1979, ch 197 , § 5.
SDCL § 31-13-39 Notice by mail to property owners--Contents--Address to which sent
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In addition to the published notice required by § 31-13-37 , the board of supervisors, at least fifteen days prior to the hearing on the adoption of the resolution, shall cause personal notice to be sent by first class, registered, or certified mail to each person owning property…
SDCL § 31-13-4 Width of highway grades
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Plans and specifications for contracts let by the board of township supervisors shall provide that all highway grades shall be not less than twenty feet in width. Source: SL 1911, ch 221 , § 5; RC 1919, § 8554; repealed SL 1919, ch 333 , § 69; re - enacted SDC 1939, § 28.0402. 31…
SDCL § 31-13-40 Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment
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At the time of the meeting referred to in § 31-13-37 or at any adjournment thereof the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper. No amendment shall be made affecting pro…
SDCL § 31-13-41 Waiting period before actions on improvement--Ratification of prior actions
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After twenty days from the adoption and publication of the resolution referred to in § 31-13-40 , unless the referendum be invoked, pursuant to § 31-3-14 , or unless a written protest has been filed with the township clerk and signed by the owners of more than fifty - five percen…
SDCL § 31-13-42 Apportionment of benefits of improvement
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In the circumstances mentioned in §§ 31-13-33 to 31-13-41 , inclusive, the benefits shall be apportioned in the manner prescribed by §
SDCL § 31-13-43 Costs paid by township--Deduction before assessment to property
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If the board of supervisors by resolution so provides, any portion of the cost may be paid by the township out of its general funds appropriated for that purpose and the proper deduction shall be made of the cost to be so paid before the cost to be assessed is distributed to the …
SDCL § 31-13-44 Assessment of costs to abutting property--Computation on front foot basis
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The cost of the improvement, except the cost of street intersections, may be assessed to the property fronting or abutting on the improvement. The cost of each portion of the project on which the construction is by resolution substantially uniform shall be divided by the number o…
SDCL § 31-13-45 Assessment to nearby property of intersection costs
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The cost of each street intersection may be assessed to all lots according to area so as to include one - half of the property between the street improved and the next street, whether the property abuts the street. In no case may the property situated more than three hundred feet…
SDCL § 31-13-46 Assessment according to special benefits--Investigation of benefits
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In lieu of the method of apportionment prescribed in §§ 31-13-44 and 31-13-45 , it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting ther…
SDCL § 31-13-47 Intersection cost assumed by township
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In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of the improvements in street intersections. Source: SL 1979, ch 197 , § 15.
SDCL § 31-13-48 Corner lot costs assumed by township or assessed to other property
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In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of street improvements fronting or abutting on the long side of a corner lot, or it may be provided by a resolution that such portion of the cost may be…
SDCL § 31-13-49 Cost assumed by township when street has been previously improved
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In the resolution of necessity it may be provided that the township will pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street in which pavement has previously been placed or which has been previously constructed within the township.…
SDCL § 31-13-50 Use of special assessment law
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Notwithstanding the provisions of chapter 8-11 , the board of supervisors of a township may use, as a method for the financing or repayment for the improvement, the provisions of chapter 9-43 . Source: SL 1979, ch 197 , § 19; SL 1981, ch 225 .
SDCL § 31-13-51 Road maintenance and repairs--Annual front foot assessment
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The township board of supervisors or, if a township is no longer organized, the board of county commissioners, prior to the assessment of real property within the township, or unorganized township, for the next fiscal year, may levy annually for the purpose of maintaining, repair…
SDCL § 31-13-52 Levy of special assessments--Addition to general levy--Review and equalization
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The township board of supervisors prior to the assessment of real property may, by resolution, designate the real property, the lot, or the portion of lots or real property against which the assessment is to be levied, the amount of the assessment against the real property, lot, …
SDCL § 31-13-53 Records maintained by township clerk--Destruction of certain records
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The township clerk shall keep on file a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the i…
SDCL § 31-13-54 Contracts and assessments not invalidated by defects--Supervisors' determination conclusive
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No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution or notice or in the publication thereof. The determination of the board of supervisors as to the sufficiency or insufficiency of protests thereto…
SDCL § 31-13-56 Removal of baled or stacked foliage from right - of - way--Violation as petty offense
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If the right - of - way of a township road has been mowed and the cut foliage has been baled or stacked in the right - of - way, the person owning the baled or stacked foliage shall remove the bales or stacks from the right - of - way by the first day of November. A violation of …
SDCL § 31-13-57 Private landowner assessed for erosion repair costs
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If any landowner fails to prevent damage to a township road caused by severe and persistent wind or water erosion on the landowner's property, the township may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of th…
SDCL § 31-13-58 Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration
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No operations to repair erosion damage pursuant to § 31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been gi…
SDCL § 31-13-7 Written contracts required when let without advertising--Performance bond
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Contracts let by the board of township supervisors without advertising for bids shall also be in writing specifying the work to be done, the time in which it is to be completed, and the amount to be paid, and the board may require the contractor to furnish a bond with approved su…
SDCL § 31-13-8 Payments on contracts
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All work done under any contract let by the supervisors of any township shall be paid by the township treasurer out of the highway fund in his hands belonging to the township in which such work is done, on an order of the board of supervisors of such township certifying the amoun…
SDCL § 31-13-9 Restriction on progress payments
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In no case shall more than seventy - five percent of the contract price be paid on any contract let by a board of township supervisors until the work is completed and accepted by the board and so certified by it, except as provided in this title for payment upon estimates prepare…
SDCL 31-3-14
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Source: SL 1979, ch 197 , § 2; SL 2021, ch 43 , § 21.
SDCL § 31-14-11 Opening of bids--Notice to successful bidder--Execution of contract
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Promptly at the hour specified, the board of county commissioners in open session shall proceed to examine all sealed bids and notify the successful bidder that the bid has been accepted. Upon being so notified, the successful bidder shall enter into a contract with the county in…
SDCL § 31-14-13 Performance bond required--Filing of contract and bond
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At the time of entering into a contract under § 31-14-11 , the contractor shall execute to the county a satisfactory bond with sufficient surety, to be approved by the board of county commissioners, or a certified check in the total sum of the contract, conditioned that the contr…
SDCL § 31-14-14 Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract
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If any bidder fails or refuses, for a period of ten days after notice pursuant to § 31-14-11 , to enter into the contract, the board of county commissioners may award the contract in the same manner to the next lowest responsible bidder or may reject all bids and rebid the contra…
SDCL § 31-14-15 Return of certified checks accompanying bids
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After the execution of all contracts under § 31-14-11 , the board of county commissioners shall promptly return to all bidders the certified checks accompanying their sealed bids. Source: SL 1919, ch 333 , § 33; SL 1920 (SS), ch 89 ; SL 1925, ch 187 ; SDC 1939, § 28.1406; SL 2018…
SDCL § 31-14-17 Supervision of construction by county highway superintendent--Appointment and compensation of inspector
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The county highway superintendent shall have supervision of construction of any and all bridges built by the county and he shall have the power to appoint an inspector for any such bridge or piece of work at any time when in his judgment constant inspection of the same is necessa…
SDCL § 31-14-18 Progress reports by county highway superintendent--Partial payments on contracts
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The county highway superintendent shall report to the board of county commissioners every thirty days, or so often as they may require, as to the progress and character of the work done by the contractor of each bridge, or piece of work built by the county, and upon the report of…
SDCL § 31-14-19 Cost statement prepared by county highway superintendent--Filing
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The county highway superintendent shall keep a detailed account of all material found necessary to add to or deduct from each and every structure as set forth in the plans and specifications. On completion of the structure the superintendent shall file with the county auditor a d…
SDCL § 31-14-2 County commissioners' responsibility for bridges and culverts
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The duty to construct and maintain all bridges and culverts throughout the county, except upon the state trunk highway system, is hereby imposed upon the board of county commissioners, subject to conditions relating to bridges and culverts on secondary highways in townships. Sour…
SDCL § 31-14-20 Bridge construction and repairs by county work authorized
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Any county of this state may build its own bridges, abutments, approaches, and foundations, and make repairs to same by day labor without advertising for bids on any such piece of work. Source: SL 1919, ch 333 , § 32; SL 1920 (SS), ch 89 ; SDC 1939, § 28.1405; SL 1961, ch 142 , §…
SDCL § 31-14-21 Bridge construction or repairs by county labor--Supervision--Plans and specifications
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In lieu of accepting any bids received on any bridge, approach, or abutment, or repair to bridge, or in case of emergency, the board of county commissioners may, if in the board's judgment the bridge or piece of work may be procured for less money than the amount of any bid submi…
SDCL § 31-14-22 Cost statement of county work prepared by county highway superintendent--Filing
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The county highway superintendent shall keep a careful and itemized account of the quantity and cost of all materials and labor used in the construction of each such bridge or piece of work authorized by §
SDCL § 31-14-23 Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications
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If it is deemed advisable by the board of county commissioners, the board may purchase material to be used in the construction of roads, bridges, and culverts, in quantities sufficient to meet the estimated demand of the county for the materials for the next succeeding twelve mon…
SDCL § 31-14-24 Emergency contracts for repair of bridges and approaches authorized
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Whenever an emergency arises requiring immediate expenditure for the repair or rebuilding of bridges and approaches to bridges, when such bridges and approaches to bridges are required to be built immediately, and on such short time that in the judgment of the board of county com…
SDCL § 31-14-26 Insufficient funds to pay emergency contract--Issuance of emergency warrants
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If there are not sufficient funds in the road and bridge fund of any county for the payment of work authorized by § 31-14-24 the county commissioners are hereby authorized to issue emergency warrants based upon the assessments made and contemplated for road and bridge work. Sourc…
SDCL § 31-14-27 County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county
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If a township board of supervisors or county highway superintendent requests the board of county commissioners to construct or replace in its entirety any bridge or the placing or replacing of any culvert with an opening of sixteen square feet or more including material upon the …
SDCL § 31-14-3 Drainage investigation of new or replacement bridge site
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After determining the necessity for any new or replacement bridge in the county, the board of county commissioners shall advise the county highway superintendent of the determination, and require the superintendent or a registered engineer retained by the board of county commissi…
SDCL § 31-14-31 Drainage ditch bridges
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Bridges erected over drainage ditches shall, where necessary, be so constructed as to allow the superstructure to be removed for cleaning such ditches with as little damage in the removal to permanent parts of said bridge as practicable. Source: SL 1919, ch 333 , § 38; SDC 1939, …