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.
If the Department of Transportation or any board of county commissioners determines that any lands taken by condemnation proceedings or acquired as public use easements are no longer required for use in constructing or repairing public highways, the Transportation Commission or the board shall adopt a resolution to that effect and such lands shall revert to their former owner or his assigns. The Department of Transportation may sell and dispose of any lands acquired by gift, devise, or purchase in which fee ownership was obtained and which is no longer needed for the purpose it was acquired. The land shall be sold in the same manner set forth by §31-2-27. However, an abutting landowner shall have the first opportunity to purchase any right-of-way to the center of the right-of-way at its appraised value. No reversion, sale, or disposition of any highway as provided in this chapter may diminish any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.
Source: SDC 1939, §28.1304; SL 1986, ch 238, §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.