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South Dakota Codified Laws

Chapter 31-19

S.D. Codified Laws ch. 31-19

Acquisition of Land and Materials for Highway Purposes

31-19-1Right-of-way and borrow pit--Purchase or condemnation--Proceedings.31-19-1.1Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.31-19-1.2Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.31-19-2Resolution of necessity--Recordation and filing.31-19-3Condemnation--Petition--Parties defendant--Contents of petition--Verification.31-19-4Pleadings necessary--Interpleader--Compensation only issue.31-19-5Omitted defendants--Amendment of petition.31-19-6Notice in register of deeds' office--Contents of notice--Effect of notice.31-19-7Summons to defendants--Contents--Time for response.31-19-8Service of summons--Unknown parties--Publication of summons.31-19-9Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.31-19-10Personal service on nonresident defendant.31-19-10.1Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.31-19-11Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.31-19-12Hearing at special term--Rights of defendants--Rules of civil procedure applicable.31-19-13Conduct of proceedings--Notice of trial.31-19-14Continuance respecting unserved defendants.31-19-15View of premises by jury.31-19-16Compensation ascertained by jury--Separate verdicts for separate tracts.31-19-17Benefits to defendant as affecting compensation.31-19-18Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.31-19-19Compensation paid out of state highway funds as part of cost of state trunk highway.31-19-20Purchase or condemnation of land outside right-of-way--Payment--Procedure.31-19-20.1Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.31-19-21Procedure as cumulative--General condemnation rules not impaired.31-19-22RepealedRepealed 31-19-23Procedure to effect immediate taking--Declaration of taking--Contents of declaration.31-19-24Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.31-19-25Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.31-19-26Service of declaration of taking--Registered or certified mail.31-19-27Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration.31-19-28Court deposit of money required for taking--Expediting distribution of money.31-19-29Payment of moneys on deposit--Payment of additional moneys after award is made.31-19-30Payment to owner--Receipt by owner--Contents of receipt.31-19-31Priority of proceedings to determine just compensation.31-19-32Right to jury trial--Waiver--Placing cause on calendar without notice.31-19-33Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.31-19-34Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.31-19-35Prohibition against abandoning condemnation proceeding.31-19-36Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.31-19-37Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.31-19-38Appeal as not delaying proceeding.31-19-39RepealedRepealed 31-19-40Procedure as cumulative.31-19-41RepealedRepealed 31-19-41.1Uneconomic remnant from land acquisition by county or first or second class municipality.31-19-42Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.31-19-43Title to land.31-19-44Lease of non-right-of-way property.31-19-45Sale of non-right-of-way property.31-19-46Exchange of non-right-of-way property.31-19-47Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.31-19-48Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.31-19-49Financial assistance to persons displaced by highway acquisition.31-19-49.1Financial assistance when federal funds are unavailable.31-19-60Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.31-19-63Transfer of right-of-way between state and political subdivisions.31-19-63.1Transfer of right-of-way to federal government or Indian tribe.31-19-64Order or resolution to transfer right-of-way--Conveyance--Effect.31-19-65Functional replacement of real property in public ownership.