31-19-10.1. Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.
Within thirty days of the service of summons provided in §31-19-7 or service of the declaration of taking provided in §31-19-26, a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
Source: SL 1976, ch 184, §1; SL 1977, ch 242, §1; SL 1990, ch 226, §1.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 19 - Acquisition Of Land And Materials For Highway Purposes
Section 31-19-1 - Right-of-way and borrow pit--Purchase or condemnation--Proceedings.
Section 31-19-2 - Resolution of necessity--Recordation and filing.
Section 31-19-3 - Condemnation--Petition--Parties defendant--Contents of petition--Verification.
Section 31-19-4 - Pleadings necessary--Interpleader--Compensation only issue.
Section 31-19-6 - Notice in register of deeds' office--Contents of notice--Effect of notice.
Section 31-19-7 - Summons to defendants--Contents--Time for response.
Section 31-19-8 - Service of summons--Unknown parties--Publication of summons.
Section 31-19-10 - Personal service on nonresident defendant.
Section 31-19-13 - Conduct of proceedings--Notice of trial.
Section 31-19-14 - Continuance respecting unserved defendants.
Section 31-19-15 - View of premises by jury.
Section 31-19-16 - Compensation ascertained by jury--Separate verdicts for separate tracts.
Section 31-19-17 - Benefits to defendant as affecting compensation.
Section 31-19-20 - Purchase or condemnation of land outside right-of-way--Payment--Procedure.
Section 31-19-21 - Procedure as cumulative--General condemnation rules not impaired.
Section 31-19-26 - Service of declaration of taking--Registered or certified mail.
Section 31-19-28 - Court deposit of money required for taking--Expediting distribution of money.
Section 31-19-29 - Payment of moneys on deposit--Payment of additional moneys after award is made.
Section 31-19-30 - Payment to owner--Receipt by owner--Contents of receipt.
Section 31-19-31 - Priority of proceedings to determine just compensation.
Section 31-19-32 - Right to jury trial--Waiver--Placing cause on calendar without notice.
Section 31-19-35 - Prohibition against abandoning condemnation proceeding.
Section 31-19-38 - Appeal as not delaying proceeding.
Section 31-19-40 - Procedure as cumulative.
Section 31-19-43 - Title to land.
Section 31-19-44 - Lease of non-right-of-way property.
Section 31-19-45 - Sale of non-right-of-way property.
Section 31-19-46 - Exchange of non-right-of-way property.
Section 31-19-49 - Financial assistance to persons displaced by highway acquisition.
Section 31-19-49.1 - Financial assistance when federal funds are unavailable.
Section 31-19-63 - Transfer of right-of-way between state and political subdivisions.
Section 31-19-63.1 - Transfer of right-of-way to federal government or Indian tribe.
Section 31-19-64 - Order or resolution to transfer right-of-way--Conveyance--Effect.
Section 31-19-65 - Functional replacement of real property in public ownership.