Title 31 — HIGHWAYS AND BRIDGES

Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a highway. The term, highway, does not include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions, but the …

Bridges and culverts erected or maintained by the public constitute a part of the public highway. The terms, road or highway, whenever used in this title include any bridge upon or which form a part of the road or highway constructed, maintained, or to be improved; also any subwa…

All public highways lawfully established shall continue as established until changed or vacated as provided by law. Source: RC 1919, § 8612; SDC 1939, § 28.0103; SL 2018, ch 168 , § 1.

The highways of this state consist of streets and alleys within the limits of municipal corporations, the state trunk highway system, the county highway systems of the several counties, and all other highways denominated secondary highways. Source: SDC 1939, § 28.0107.

For the purpose of clarifying the duties and powers of the various governmental state agencies charged with the administration of the highways in South Dakota, the following definitions of highway systems shall be applicable: (1) "State trunk system," the highways designated by s…

For the purpose of clarifying the federal aid systems provided for in federal highway acts the following classifications are applicable in South Dakota: (1) "National highway system including the interstate system," the highways designated by the state and federal government that…

To further clarify the relation of the administrative and federal aid systems as defined in §§ 31-1-5 and 31-1-6 be it known that any of the federal aid systems may be coexistent with any of the administrative systems. Source: SL 1955, ch 106 , § 3; SDC Supp 1960, § 28.0240.

The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26 , governing the following conditions in highway construction contracts: (1) Site conditions; (2) Suspensions of work ordered by the state (other than a suspension of work ca…

There is created a special fund in the state treasury to be known as the state highway fund. All moneys in the fund shall be used and expended under the direction of the Department of Transportation, for the purpose of constructing and maintaining highways and bridges in this sta…

The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair o…

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of §

All moneys in the state highway fund shall be used only for the construction, maintenance, and supervision of highways and bridges in this state, for the administrative costs necessary to perform such duties, and for the funding of public transportation. Source: SL 1992, ch 201 ;…

There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in th…

The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1 , for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines t…

Whenever practical, the Department of Transportation shall investigate and determine the location of road material in the state, ascertain the most approved methods of construction and improvements of roads, and hold public meetings throughout the state when deemed advisable. Sou…

The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways. …

The Department of Transportation shall establish performance standards designed to measure the overall condition of the highways and bridges on the state highway system, along with establishing ten-year goals for maintenance of these conditions. When establishing appropriate perf…

The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts. Source: SL 1919, ch 333 , § 7; SDC 1939, § 28.0207; SL 1984, ch 207 , § 18.

The department shall, at the request of any county, give advice regarding difficult construction questions, pass upon the feasibility of any plan of road construction, improvement, and repair, and in general render any reasonable service to aid the county in the construction, mai…

For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamph…

To the end described in § 31-2-23 , the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for …

No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned. Source: SDC Supp 1960, § 28.0222 as added by S…

The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any …

The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construct…

An action brought pursuant to § 31-2-34 shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or d…

Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and at…

Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts. Source: SL 1964, ch 110 , § 4.

Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2 , the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to § 1-44-37 , the amount of damages …

No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obta…

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…