South Dakota Codified Laws
Chapter 03 - Platting Of Townsites, Additions And Subdivisions
Section 11-3-4 - Certification, acknowledgment and recording of plats.

11-3-4. Certification, acknowledgment and recording of plats.
Every plat provided for in this chapter shall be certified by the registered land surveyor, who shall attach an official seal thereto as specified in §36-18A-45 as being in all respects correct. The landowner, or the landowner's duly authorized agent, shall certify that the plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all the land included therein, and that development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. The landowner certification shall be acknowledged before some officer authorized to take the acknowledgment of deeds and, with the certificate of such acknowledgment, shall be endorsed on or attached to the plat and be recorded as a part thereof in the office of the register of deeds of the proper county.
No such plat may be recorded until all the provisions of this section have been fully complied with, and upon certification and recordation shall be used as the legal description as provided by §43-21-4 for all purposes, including constructive notice.

Source: SDC 1939, §45.2804; SL 1967, ch 224, §1; SL 1979, ch 93, §5; SL 1981, ch 117; SL 1988, ch 127; SL 1997, ch 73, §1.

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.