11-3-16. Vacation of plat before sale of lots--Recording of instrument--Vacation by joinder of owners of lots sold.
Any plat of any municipality or improvement district, or addition thereto, or any subdivision of land therein, may be vacated by the proprietor at any time before the sale of any lots therein, by a written instrument declaring the plat to be vacated, duly executed, acknowledged, or proved, and recorded in the office with the plat to be vacated. The executing and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, commons, and public grounds laid out as described in such plat. The register of deeds shall notify the affected municipality or improvement district of the vacation within ten days of filing for a vacation of a plat.
If any lots have been sold, the plat may be vacated by all the owners of lots in such plat joining in the execution of the writing aforesaid.
Source: SL 1887, ch 109, §1; CL 1887, §1109; RPolC 1903, §1503; RC 1919, §6550; SDC 1939, §45.2811; SL 1990, ch 101; SL 1993, ch 106, §2.
Structure 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 11-3-7 - Naming of additions and subdivisions.
Section 11-3-8.1 - Protection of water from subdivision sewage.
Section 11-3-8.2 - Liability of developer for sewage pollution.
Section 11-3-10 - Sizes of plats filed with register--Materials used.
Section 11-3-11 - Register's recording fee--Acceptance by governing body required.
Section 11-3-12.1 - 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 11-3-18 - Register of deeds to mark vacated plat--Reference to instrument of vacation.
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.