31-19-23. Procedure to effect immediate taking--Declaration of taking--Contents of declaration.
In any proceeding in any court of the State of South Dakota which has been or may be instituted by and in the name of and under the authority of the State of South Dakota through its Department of Transportation, or by a municipality, pursuant to a resolution of necessity for the acquisition of any land or easement or right-of-way in land for the public use, pursuant to §§31-19-1 to 31-19-20, inclusive, or pursuant to §9-12-1 or 9-27-1 and chapter 21-35, the petitioner may file in the cause, with the petition or any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the secretary of transportation or by the mayor of a municipality, declaring that the lands are thereby taken for the use of the State of South Dakota or by the municipality. The proceedings as provided under this chapter may be utilized by a municipality only if it is acquiring land, or an easement, or a right-of-way for streets or roadways, or uses directly associated to streets or roadways. The declaration of taking shall contain or have annexed thereto:
(1)A statement of the authority under which, and the public use for which, said lands are taken;
(2)A description of the lands taken sufficient for the identification thereof;
(3)A statement of the estate or interest in said lands taken for said public use;
(4)Name of owner of the property or persons in interest, as are known;
(5)A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken and damaged;
(6)Any prior written memoranda or agreement, right-of-way plans and specifications for the proposed highway, setting forth in detail the access roads, underpasses, overpasses, drainage facilities, and other features as pertain to the adjacent landowner's access to, and means of crossing over and under the proposed highway, together with a description of any additional factors which the state or municipality intends to rely upon in mitigation of damages. Any substantial deviation by the department of transportation or municipality from the written memoranda or agreement, plans and descriptions so filed which amounts to an additional taking or damage, shall entitle the affected landowner to proceed against the state or municipality for additional compensation;
(7)A detailed appraisal upon which the amount of the state's or municipality's deposit is based.
Source: SL 1963, ch 195, §1; SL 1990, ch 226, §2.
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.