21-35-2. Contents of petition for ascertainment of compensation.
A petition filed pursuant to §21-35-1 shall name the person, group, or corporation desiring to take or damage private property as plaintiff, and all persons having interest in or liens upon the property affected by the proceeding as defendants, so far as they shall be known at the time of filing the same. It shall contain a description of the property to be taken or damaged. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It shall not be necessary to specify the interests or claims of the several defendants in the land or property affected by the proceeding.
Source: SL 1891, ch 94, §2; RCCivP 1903, §864; RC 1919, §2939; SDC 1939 & Supp 1960, §37.4001.
Structure South Dakota Codified Laws
Chapter 35 - Condemnation Under Power Of Eminent Domain
Section 21-35-1 - Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
Section 21-35-1.1 - Trans-state transmission line construction--Eminent domain.
Section 21-35-2 - Contents of petition for ascertainment of compensation.
Section 21-35-3 - Amendment of petition and notice.
Section 21-35-4 - Verification of petition--Statement of good faith.
Section 21-35-5 - Attachment of document authorizing condemnation.
Section 21-35-6 - Additional pleadings not required.
Section 21-35-7 - Interpleader of adverse claimants to compensation.
Section 21-35-8 - Notice of pendency of action filed with register of deeds--Effect of recording.
Section 21-35-9 - Summons to defendants--Contents.
Section 21-35-11.1 - Mediation.
Section 21-35-12 - Order to summon jury on default.
Section 21-35-14 - Continuance of proceedings as to defendants not served.
Section 21-35-15 - Issue tried by jury.
Section 21-35-16 - View of premises by jury.
Section 21-35-17 - Benefits of municipal improvement considered by jury.
Section 21-35-18 - Compensation determined for each parcel.
Section 21-35-19 - Recording of verdict--Judgment on verdict.
Section 21-35-20 - Appeal to Supreme Court--Improvement not delayed--Security for payment of award.
Section 21-35-21 - Highway provisions not affected--Proceeding cumulative.
Section 21-35-22 - Defendant's expenses paid by plaintiff on dismissal.
Section 21-35-23 - Allowance of expenses where judgment greatly exceeds offer.
Section 21-35-25 - Vesting of title to property and right to compensation.
Section 21-35-26 - Terms of surrender of possession--Notice--Hearing--Orders of court.
Section 21-35-27 - Service of declaration of taking on defendants.
Section 21-35-28 - Amendment of declaration of taking.