Title 31 — HIGHWAYS AND BRIDGES

For the purpose of ascertaining the value of the land taken pursuant to §§ 31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed …

Within four months after appraisement pursuant to § 31-20-3 , and upon full payment of the same, a conveyance of the land to be taken for such proposed highway shall be executed by the Governor and attested by the commissioner of school and public lands, with his seal of office a…

Whenever the board of county commissioners determines that it is in the public interest, and in particular, to the interest of the county, the board may donate or sell and convey by quitclaim deed or easement to the State of South Dakota, for highway right - of - way purposes, th…

In case the county sells right - of - way to the state pursuant to § 31-20-5 any consideration received therefor shall be distributed as follows: The county auditor shall ascertain the amount that would have been required to redeem said parcel from the tax sale under § 10-24-5 if…

In case of the donation, dedication, or sale of rights - of - way pursuant to § 31-20-5 any redemption thereafter made of said property shall be subject to the conveyance or dedication made to the state for highway purposes. Source: SL 1943, ch 40 , § 3; SDC Supp 1960, § 12.3407.

Whenever the State of South Dakota or any county of said state has, before March 18, 1957, received a conveyance of a parcel of Indian allotment land for highway right - of - way purposes by an instrument purporting to convey fee title thereto the county or state, as the case may…

Any deed of reconveyance made by authority of § 31-20-8 by the state shall be made in the name of the State of South Dakota acting by and through the Department of Transportation. It shall be executed by the secretary of transportation. Source: SL 1957, ch 143 ; SDC Supp 1960, § …

Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating: (1) That such road runs into or through any swamp, bog, or meadow, …

If the order and proceeding under this chapter be not appealed from within ten days from the filing thereof as provided in § 31-21-7 , such judgment, order, and finding shall be final, and the officer or person in charge of such road may proceed to open the ditch in accordance wi…

At any time after a ditch shall have been opened under this chapter it shall be lawful for the officer or person having the highway in charge, from time to time as it may be necessary, to enter upon the lands through which such ditch has been opened for the purpose of keeping it …

Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury. Source: SL 1883, ch 112 , § 92; CL 1…

Any person who shall dam up, obstruct, or in any way injure any ditch opened under the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Source: SL 1883, ch 112 , § 92; CL 1887, § 1340; RPolC 1903, § 1745; RC 1919, § 8603; SDC 1939, § 28.9912.

The notice required by § 31-21-1 may be in substantially the following form: State of South Dakota County of __________ ss: To Mr. __________: Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in …

The chairman of the township board of supervisors or board of county commissioners shall cause the notice required by § 31-21-1 , together with the affidavit, to be filed in the office of the township clerk or county auditor, and the clerk or auditor shall make true copies of suc…

The person serving notice pursuant to § 31-21-3 shall make return thereon to the township clerk or county auditor stating the facts, and if it shall appear from such return that the owner of any such land does not reside in the county and that no occupant resides thereon, such cl…

At the time specified in the notice required by § 31-21-1 the township supervisors or county commissioners shall proceed to examine the road and premises over which such ditch must pass and hear any reasons for or against laying out the same, and shall decide upon the application…

In all cases under this chapter the township board of supervisors or board of county commissioners shall estimate the advantage and benefits the laying out and opening of such ditch will confer upon the owner of any land through which such ditch may run, as well as the disadvanta…

If after taking all the circumstances into consideration the township supervisors or county commissioners shall be satisfied that the opening of a ditch under this chapter is necessary or advantageous to the public interest, they shall cause the same to be laid out and opened and…

When the amount of damages or compensation to be paid to any one or more of the owners of land taken for any ditch shall have been finally determined by proceedings under the provisions of this chapter the board of township supervisors or county commissioners, as the case may be,…

Any person through whose land any ditch described in § 31-21-7 shall pass may appeal from the decision of the supervisors or county commissioners to the circuit court for the county in which the premises are situated within the time and in the manner provided for other appeals fr…

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…

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…

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…

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…

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.…

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…

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 …

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.

Except as provided in § 31-12-15 , before any contract is entered into for the construction, repair, or improvement of any public highway by the State of South Dakota, or any public corporation within the State of South Dakota, the person to whom such contract is awarded shall fu…

Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a performance bond is furnished under § 31-23-1 and who has not been paid in full therefor before the expiration of a period of six months after…

Any person having direct contractual relationship with a subcontractor but not contractual relationship express or implied with the contractor furnishing a performance bond under § 31-23-1 shall have a right of action upon the said bond upon giving written notice to said contract…

Every suit instituted under this chapter shall be brought in the name of the State of South Dakota for the use of the person suing, in the circuit court of the State of South Dakota within the circuit in which the contract was to be performed, and not elsewhere, irrespective of t…

The remedy provided for in this chapter shall be exclusive. Source: SL 1941, ch 135 , § 4; SDC Supp 1960, § 28.1604.

If the construction, improvement, and repair of any public highway by the state, or by any county or township, leaves a ditch or elevation along the roadside and deprives any abutting landowner of easy and convenient access from the owner's land to the highway, the highway author…

Approaches required by § 31-24-1 shall be built by the highway authority constructing the highway if the building of such approach becomes necessary as a result of highway construction. In all cases any such structure, culvert, bridge, or approach so constructed shall be maintain…

The owner, as a matter of right, is not entitled under § 31-24-1 to the construction of more than one farm entrance on any one tract or parcel of land at the expense of the public authority whose duty it is to maintain the highway. However, the owner may at the owner's expense up…

Notwithstanding § 31-24-3 , if at the time of the construction, improvement, or repair of any public highway the abutting owner has more than one farm entrance to the highway, which entrance has been in reasonably constant use for more than two years prior to the new construction…

No connecting structure or approach described by § 31-24-1 may be constructed by the highway authorities upon private property nor beyond the right-of-way line. Source: SL 1921, ch 250 ; SDC 1939, § 28.0908; SL 1941, ch 132 ; SL 2010, ch 145 , § 117.

If any public highway as already constructed is of such character as to deprive the owner of the abutting land of easy and convenient access from the owner's land to the highway, the owner of the land may, at the owner's expense, except as provided by chapters 31-7 and 31-8 , con…

No entrance may be so constructed pursuant to § 31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes. Source: SDC 193…

Township supervisors, county commissioners, the Department of Transportation, or others having direction of any highway grade shall provide at every place where such grade crosses an intersecting public highway an easy and accessible approach to such grade on each side thereof up…

The board of county commissioners of any county having within its boundaries, any county, township, or section - line highway not included in § 31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along…

A landowner may erect a fence across an unimproved county, township, or section - line highway. For the purposes of this section an unimproved county, township, or section - line highway is any county, township, or section line not commonly used as a public right - of - way and n…

Any person grazing livestock in an area where there are no fences along a road may apply to the governing body that has the responsibility to maintain that road to erect a regulatory sign that livestock will be at large along the road. If the governing body permits the erection o…

The Transportation Commission shall design, produce, and make available a uniform sign pursuant to §

The cost of the sign shall be arranged between the governing body and the person applying for it. The sign shall be erected by the governing body. Source: SL 1983, ch 227 , § 3.

Upon application to the Department of Transportation, board of county commissioners, or board of township supervisors, by any person for permission to construct a cattle way across or under any public road, such highway authority maintaining the highway described in the applicati…

If any person on whose land a cattle way is constructed pursuant to § 31-25-2 fails to keep the same in repair, the proper board shall cause the same to be repaired and charge the cost thereof to the owner of such cattle way and such cost shall be recovered by a civil action by t…

The construction and maintenance of livestock guards over or across county or secondary highways so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across such livestock guards is hereby authorized. The construction a…

All livestock guards shall be at least ten feet wide on the ground. In addition, at one side of such livestock guard there shall be provided or constructed a gate, at least twenty feet wide to accommodate the passage of teams, and wider vehicles. Source: SL 1953, ch 154 , § 2; SL…