Title 31 — HIGHWAYS AND BRIDGES

The township board of supervisors shall have each culvert on the secondary highways within the township annually inspected and, if necessary, repaired. Source: SL 1919, ch 333 , § 40; SDC 1939, § 28.1415; SL 2004, ch 195 , § 1.

The county highway superintendent shall make inspection of all culverts on secondary highways other than those described in § 31-14-33 and of all culverts on the county highway system and report to the board of county commissioners, which shall cause necessary repairs to be made.…

It shall be lawful and the duty of the respective boards of county commissioners of the counties adjoining any highway or meandered stream on a county line in this state to divide that portion of such county line between such counties into two or more parts or districts, and to e…

In making such apportionment of any highway or meandered stream constituting the county line between two or more counties, as provided by § 31-14-35 , the respective boards of county commissioners shall take into consideration the number of streams crossing the highway and the pr…

Whenever the highway on the line between two counties has not been divided and portions thereof assigned to each county, and it is intended to build, alter, or repair the bridges thereon, the cost shall be borne equally by such counties. Source: SL 1909, ch 166 ; SL 1917, ch 259 …

If a petition is filed with the board of county commissioners of either county affected thereby, praying for the building, altering, or repairing of any bridge described in § 31-14-38 , and the petition is found to comply with the law relating to petitions for bridges, it shall b…

Any bridge, abutment, and approach or repair to a bridge required in any county of this state, shall be constructed in accordance with plans and specifications prepared by the department or a registered engineer retained by the board of county commissioners for such purpose. The …

Where counties have heretofore, by mutual agreement, apportioned the boundary road and bridges between such counties, the provisions of §§ 31-14-38 and 31-14-39 shall not be applicable to such roads and bridges. Source: SL 1917, ch 259 ; RC 1919, § 8685; SDC 1939, § 28.1416. 31-1…

Any person receiving, or having any agreement to receive, a royalty, commission, percentage, or discount upon the contract price of any bridge, or piece of work, or bridge material, and who shall submit his sealed bid thereon with intent to secure the advantage of any competitive…

A registered engineer retained by the board of county commissioners or the department shall prepare plans and specifications for bridge repair or construction work. Plans and specifications prepared by a registered engineer retained by the board of county commissioners shall conf…

Each bid shall be made in accordance with the plans and specifications on file. Each bid in excess of fifty thousand dollars shall be accompanied by a certified check, certified by a state or national bank domiciled within this state, in the sum of five percent of the total amoun…

If any portion of a county highway system lies on a state line, the Department of Transportation may confer with the authorities of the bordering state and agree upon the assignment of portions of the highway to the counties of the two states for construction, repair, and mainten…

At the meeting provided for by § 31-17-9 , the board of supervisors of the moving township and that of the adjoining township shall meet jointly and consider the construction, improvement, or repair of said boundary line highway, and shall endeavor to come to some mutual agreemen…

In the event that the board of supervisors of the adjoining township refuses to call a meeting as required in § 31-17-9 , or in the event that such meeting is held, but no agreement can be reached concerning the construction, improvement, or repair of such highway, the board of s…

In the action authorized by § 31-17-11 the moving township shall be the plaintiff and the adjoining township shall be the defendant; the action shall be commenced by the service of summons and complaint as in civil cases and shall be governed by the rules of civil procedure. Sour…

The complaint in an action pursuant to § 31-17-11 shall briefly set forth sufficient facts to show that conditions exist which authorize the bringing of such action, a statement in reasonable detail describing the construction, improvement, or repair of such highway which is clai…

The court, by its judgment in an action pursuant to § 31-17-11 , may determine the necessity and extent of any construction, improvement, or repair of such highway; the right to enforce equal contribution to the costs thereof by both townships; and the right to require the board …

Sections 31-17-7 to 31-17-14 , inclusive, shall be cumulative to any existing rights or remedies of townships. Source: SL 1961, ch 152 , § 9.

The secondary highways on the boundary line of any municipality must be assigned to the municipality and adjoining civil township, or unorganized territory as provided in §§ 31-17-5 and

A highway on the county highway system that is also on the boundary line of any municipality must be assigned to the charge of the municipality, board of supervisors of adjoining civil townships, or the board of county commissioners in the case of unorganized territory as may be …

Subject to approval of the department, boards of county commissioners of adjoining counties shall make proper connections between roads which cross county lines and which afford continuous routes of travel; adopt plans and specifications for highway construction, reconstruction, …

If boards of county commissioners fail to perform the duty prescribed by § 31-17-2 , or in case of disagreement by such boards, an appeal may be made to the Transportation Commission by one of them. The commission shall notify the county auditors of the counties concerned that th…

Any portion of a county highway system lying on a county line and assigned to a county by the Transportation Commission for construction and maintenance shall be considered as lying fully within the county and all procedure and requirements apply as if the road lay wholly within …

The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective boards of county commissioners and in…

The secondary highways wholly within one county on lines between organized townships shall be assigned to the charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the board of county commissioners shall determine; and those …

Adjoining townships shall contribute equally to the construction, improvement, and repair of any township highway that lies on a section line forming the boundary between the townships. However, this section and §§ 31-17-8 to 31-17-15 , inclusive, do not prohibit the supervisors …

The board of supervisors of an organized township, to be called, moving townships, may by resolution declare the necessity of the construction, improvement, or repairing of a township boundary line highway and call upon an adjoining organized township with which said highway form…

A copy of a resolution adopted under § 31-17-8 may then be served upon the board of supervisors of the adjoining township and such board shall within thirty days thereafter call a special meeting for the purpose of considering such resolution, and shall give notice in writing to …

Source: SL 1961, ch 152 , § 8; SL 2011, ch 2 , § 137.

Any order, contract, or mutual agreement made before July 1, 1995, between adjoining township boards of supervisors apportioning or reapportioning a township boundary line road, bridge, or culvert is hereby validated and has the same force and effect as though executed after that…

There is along every section line in this state a public highway located by operation of law, except where some portion of the highway along such section line has been heretofore vacated or relocated by the lawful action of some authorized public officer, board, or tribunal. Sour…

Every statutory section - line highway shall be sixty - six feet wide and shall be taken equally from each side of the section line, unless changed as provided in this title, but nothing herein contained shall prevent the highway authority charged with the construction, reconstru…

The board of county commissioners may vacate or change the location of any section-line highway under its jurisdiction and the board of supervisors of an organized township may vacate or change the location of any section-line highway under its jurisdiction, as provided in this t…

The apportionment, division, or survey of lands acquired by reliction, either by the owner or owners of such lands, or by virtue of the judgment of any court, pursuant to the provisions of this code, shall not in any manner operate as an abandonment or vacation of any legal highw…

Notwithstanding the provisions of § 20-9-16 , a landowner owes no duty of care to keep an unimproved section line safe for entry or use by any uninvited person for an outdoor recreational purpose or tourism activity. The landowner does not have a duty to give any warning of a dan…

Source: SL 2004, ch 196 , § 7.

The land or material for right - of - way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said land or material is to be acquired by condemnation the proceedings shall be as provided by §

The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right - of - way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a r…

No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to §

Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant. Source: SL 1939, ch 113 , § 7; SL 1953, ch 152 ; SDC Supp 1960, § 28.13A07.

Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26 , a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in…

If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding t…

At the time and place specified in the order, a special term of the court shall be held, at which the proceedings in impaneling the jury, trial, and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall h…

As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in the manner provided by §§ 31-19-11 and 31-19-12 , except that three days' notice of the time and place of trial may be given by either party and the case brought on …

As to all defendants not served before the trial the proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants. Source: SL 1939, ch 113 , § 8; SDC Supp 1960, § 28.13A08.

Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury. Source: SL 1939, ch 113 , § 9; SDC Supp 1960, § 28.13A09.

If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged. Source: SL 1939, ch 113 , § 9; S…

In all cases of taking or damaging property, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement. Source: SL 1939, ch 113 , § 9; SDC Supp 1960, § 28.13A09.

Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit t…

Whenever any land, easement in land or material is necessary for right - of - way in order to make a safe or proper grade, for the relocating of utility facilities, or for widening, changing, relocating, constructing, reconstructing, maintaining, or repairing any portion of the s…