South Dakota Codified Laws
Chapter 19 - Acquisition Of Land And Materials For Highway Purposes
Section 31-19-3 - Condemnation--Petition--Parties defendant--Contents of petition--Verification.

31-19-3. Condemnation--Petition--Parties defendant--Contents of petition--Verification.
If land or material is to be acquired by condemnation, the Department of Transportation, on behalf of the state and in its name, shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation be made and such property be ascertained by a jury and shall name the Department of Transportation as the department of the state government desiring to take or damage the property on behalf of the state as plaintiff. All persons having an interest in or a lien upon the property affected by the proceedings shall be named as defendants so far as they may be known at the time of the filing of the petition. It shall contain a description of the property to be taken or damaged and shall contain a copy of the related resolution of necessity that was passed by the Transportation Commission. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It is not necessary to specify the interest or claim of the several defendants in the land or property affected by the proceedings. The petition shall be signed and verified in the manner and as provided by §15-6-11 relating to the signing of pleadings in the circuit courts.

Source: SL 1939, ch 113, §2; SDC Supp 1960, §28.13A02; SL 1966, ch 83; SL 2004, ch 196, §4.

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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.