11-3-19. Validation of prior vacations by instrument--Deadline for enforcing rights--Notice of pendency.
Any proceedings conducted before January 1, 1993, for the vacation of any plat, or any portion or part thereof, which plat was laid out pursuant to this chapter, whether the land included in the plat, or any portion or part thereof, is or was, at the time of the proceedings for vacation of the plat, or any portion or part thereof, within or without the boundaries of a municipality or improvement district, and which plat, or any portion or part thereof has, before January 1, 1993, in the proceedings, been vacated in accordance with §11-3-16 or 11-3-17 is hereby declared to be, and to have been, a valid vacation of the plat, or any portion or part thereof, and the proprietors of the lots so vacated may inclose the streets, alleyways, common easements, and public grounds adjoining such vacated lots, and all public rights thereto divested.
If any person has any vested right in any property by reason of any plat vacation referred to in this section, if no action or proceeding to enforce such right was commenced prior to July 1, 1995, such right shall be forever barred. No action or proceeding so brought is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1995, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source: SL 1964, ch 230, §1; SL 1980, ch 109; SL 1993, ch 106, §3.
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.