South Dakota Codified Laws
Chapter 35 - Condemnation Under Power Of Eminent Domain
Section 21-35-21 - Highway provisions not affected--Proceeding cumulative.

21-35-21. Highway provisions not affected--Proceeding cumulative.
Nothing in this chapter shall be so construed as to impair any provision of this code relating to the establishment, alteration, or improvement of streets, alleys, roads, or other public highways; but the proceeding herein provided for shall be construed as additional and cumulative to any special proceeding relating to such public highway.

Source: RCCivP 1903, §878; RC 1919, §2953; Supreme Court Rule 600, 1939; SDC 1939 & Supp 1960, §37.4005.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

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 21-35-10 - Publication of summons to unknown or nonresident owners--Personal service outside state.

Section 21-35-10.1 - Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding.

Section 21-35-11 - Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.

Section 21-35-11.1 - Mediation.

Section 21-35-12 - Order to summon jury on default.

Section 21-35-13 - Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default by plaintiff.

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 21-35-24 - Railroad or gas or electric utility property condemned for coal pipelines--Declaration of taking--Contents.

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.

Section 21-35-29 - Deposit with court required.

Section 21-35-30 - Order for payment from deposit--Judgment for amount by which final award exceeds deposit.

Section 21-35-31 - Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.