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South Dakota Codified Laws
Title 45
Chapter 45-5
S.D. Codified Laws ch. 45-5
Right-of-way to Mines
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45-5-1
Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.
45-5-2
Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
45-5-3
Order to show cause--Service--Time for hearing.
45-5-4
Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.
45-5-5
Assessment of damages by commissioners.
45-5-6
Payment or tender of damages--Use of right-of-way.
45-5-7
Report of commissioners may be set aside.
45-5-8
Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
45-5-9
Appeal bond--Approval of sureties--Amount--Conditions.
45-5-10
Appeal from assessment of damages--Limited to amount of damages--Jury trial.
45-5-11
Bond pending appeal.
45-5-12
Costs of appeal.
45-5-13
Costs and expenses under chapter to be paid by party making application.
45-5-14
Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.