South Dakota Codified Laws
Chapter 03 - Platting Of Townsites, Additions And Subdivisions
Section 11-3-12 - Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.

11-3-12. Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.
When the plat or map shall have been made out, certified, acknowledged, and recorded as provided in this chapter, every donation or grant to the public, or any individual, religious society, corporation, or body politic, marked or noted as such on such plat or map, shall be deemed a sufficient conveyance to vest the fee simple title of all such parcel or parcels of land as are therein expressed, and shall be considered to all intents and purposes a general warranty against the donor, his heirs, and representatives, to the donee or grantee, his heirs or representatives, for the uses and purposes therein expressed and intended, and no other use and purpose whatever. The land intended to be used for the streets, alleys, ways, commons, or other public uses shall be held in trust to and for the uses and purposes expressed or intended. No governing body shall be required to open, improve, or maintain any such dedicated streets, alleys, ways, commons, or other public ground solely by virtue of having approved a plat or having partially accepted any such dedication, donation or grant.

Source: PolC 1877, ch 26, §5; CL 1887, §1099; RPolC 1903, §1494; RC 1919, §6541; SDC 1939, §45.2805; SL 1980, ch 107.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 03 - Platting Of Townsites, Additions And Subdivisions

Section 11-3-1 - Townsite or subdivision survey and plat required--Contents.

Section 11-3-1.1 - Definition of terms.

Section 11-3-2 - Corner markers to be planted--Marking on plat.

Section 11-3-3 - Numbering of lots--Length and angle of lines to be shown on plat--Curves.

Section 11-3-4 - Certification, acknowledgment and recording of plats.

Section 11-3-6 - Municipal approval for adjoining addition or subdivision--Conformity to existing plats and regulations--Taxes and special assessments--Certification--Appeal of denial.

Section 11-3-7 - Naming of additions and subdivisions.

Section 11-3-8 - County commissioners' approval required for plats outside municipalities--Resolution and auditor's certificate--Appeal of denial.

Section 11-3-8.1 - Protection of water from subdivision sewage.

Section 11-3-8.2 - Liability of developer for sewage pollution.

Section 11-3-9 - Director of equalization to receive copy of plat--Treasurer's certificate of tax payment to be attached.

Section 11-3-10 - Sizes of plats filed with register--Materials used.

Section 11-3-11 - Register's recording fee--Acceptance by governing body required.

Section 11-3-12 - Recorded plat as conveyance of dedications and grants marked on plat--General warranty--Use of land intended for streets and other public uses--Opening, improvement or maintenance not required.

Section 11-3-12.1 - Approval of access to street or highway prerequisite to filing plat.

Section 11-3-12.2 - Promulgation of rules for approval of access to state highways.

Section 11-3-16 - Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold.

Section 11-3-17 - Vacation of part of plat--Closing of public highways not authorized--Inclosure of public grounds adjoining lots.

Section 11-3-18 - Register of deeds to mark vacated plat--Reference to instrument of vacation.

Section 11-3-19 - Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.

Section 11-3-20 - General procedure for vacation of plats--Supplemental to vacation by instrument.

Section 11-3-20.1 - Vacation procedure within planning commission jurisdiction.

Section 11-3-20.2 - New plat vacating prior plats--References to prior plats.

Section 11-3-20.3 - Information required for vacation and replatting.

Section 11-3-20.4 - Recording of new plat on approval--Vacation of prior plats.

Section 11-3-21.1 - Filing of petition for vacation of plat--Contents.

Section 11-3-22.1 - Setting of time and place for hearing on petition--Notice by publication.

Section 11-3-23.1 - Grant of petition by board of county commissioners--Payment of property taxes.

Section 11-3-24.1 - Filing and recording of decision.

Section 11-3-26 - Replatting after vacation of plat.