South Dakota Codified Laws
Chapter 19 - Acquisition Of Land And Materials For Highway Purposes
Section 31-19-2 - Resolution of necessity--Recordation and filing.

31-19-2. Resolution of necessity--Recordation and filing.
Before acquiring land or material by condemnation, the Department of Transportation shall, by resolution, declare the necessity for acquiring the land or material and file a copy of the resolution with the office of right-of-way in the department.

Source: SL 1939, ch 113, §3; SDC Supp 1960, §28.13A03; SL 1976, ch 184, §2; SL 1977, ch 242, §2; SL 1998, ch 170, §1; SL 2004, ch 196, §3; SL 2004, ch 197, §1.

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Structure South Dakota Codified Laws

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 31-19-1.1 - Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.

Section 31-19-1.2 - Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.

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 31-19-9 - Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.

Section 31-19-10 - Personal service on nonresident defendant.

Section 31-19-10.1 - Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

Section 31-19-11 - Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.

Section 31-19-12 - Hearing at special term--Rights of defendants--Rules of civil procedure applicable.

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 31-19-18 - Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.

Section 31-19-19 - Compensation paid out of state highway funds as part of cost of state trunk highway.

Section 31-19-20 - Purchase or condemnation of land outside right-of-way--Payment--Procedure.

Section 31-19-20.1 - Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.

Section 31-19-21 - Procedure as cumulative--General condemnation rules not impaired.

Section 31-19-23 - Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

Section 31-19-24 - Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.

Section 31-19-25 - Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.

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 31-19-33 - Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.

Section 31-19-34 - Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.

Section 31-19-35 - Prohibition against abandoning condemnation proceeding.

Section 31-19-36 - Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.

Section 31-19-37 - Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.

Section 31-19-38 - Appeal as not delaying proceeding.

Section 31-19-40 - Procedure as cumulative.

Section 31-19-41.1 - Uneconomic remnant from land acquisition by county or first or second class municipality.

Section 31-19-42 - Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.

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 31-19-47 - Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.

Section 31-19-48 - Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.

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 31-19-60 - Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.

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.