31-12-27.1. Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment.
Any county may contract with residents served by county roads for the construction, maintenance, and improvement of county roads or any portion thereof serving county residents. If the board of county commissioners, upon a petition by a resident within the county, filed in the office of the county auditor of the county, determines that it is in the best interest of the petitioner and in the public interest that the petitioner enter into an agreement in writing with the board of county commissioners of such county for the construction, maintenance, or improvement of county roads or any portion thereof, the board of county commissioners may enter into an agreement in writing with the petitioner to construct, maintain, or improve any such county road or portion thereof to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement. If the board of county commissioners determines that it is in the public interest to enter into such an agreement, the board may do so and the county may, by and through its highway department and with the personnel and equipment thereof or by privately let contract pursuant to §5-18A-9, perform or cause to be performed such construction, maintenance, and improvement specified in the written agreement under the supervision and control of the county highway superintendent. The prices specified in the contract shall be paid to the county or if privately let, to the person performing the work by the resident petitioning upon estimates certified to by the county highway superintendent.
Source: SL 1977, ch 240; SL 2011, ch 2, §136.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 12 - County Highway Systems
Section 31-12-1 - Established highway systems perpetuated.
Section 31-12-2 - Change of county highway system--Order of Department of Transportation.
Section 31-12-5 - Supervision of construction, improvement, maintenance, and repair of system.
Section 31-12-6 - County system at expense of entire county--Tax levy.
Section 31-12-7 - Division of system into sections--Recording in county road book or database.
Section 31-12-8 - Survey and report by superintendent on condition of system and structures.
Section 31-12-9 - Survey, plans, specifications, and estimates for permanent improvements.
Section 31-12-11 - Commencement of construction work.
Section 31-12-12 - Small projects--Advertising, private contract, or county work permitted.
Section 31-12-13 - Large projects--Advertising for bids or built by day labor--Rejection of bids.
Section 31-12-14 - Deadline for bids--Advertisement--Rejection of bids.
Section 31-12-15 - Written contract--Performance bond.
Section 31-12-16 - Progress payments permitted.
Section 31-12-17 - Superintendent's approval of bills before payment.
Section 31-12-18 - Width of culverts.
Section 31-12-25 - Establishment of witness corners required--Violation as petty offense.
Section 31-12-26 - Responsibility for secondary roads in unorganized territory.
Section 31-12-27 - Tax levy for secondary roads in unorganized territory.
Section 31-12-41 - Contracts for county maintenance of streets and alleys in municipalities.
Section 31-12-42 - Vehicle license collections to be used outside municipalities.
Section 31-12-43 - Indemnity required for construction or survey work within road right-of-way.
Section 31-12-44 - Repairs for wind and water erosion assessed to private landowner.
Section 31-12-46 - Minimum maintenance roads established.
Section 31-12-47 - Posting notification of minimum maintenance road.
Section 31-12-48 - Designation of no maintenance highway--Removal of manmade obstruction.
Section 31-12-49 - Posting of signs along no maintenance highway.
Section 31-12-50 - No maintenance highway open to public access--No duty to maintain or improve.