South Dakota Codified Laws
Chapter 21 - Highway Drainage Ditches
Section 31-21-12 - Civil liability for obstruction of ditch.

31-21-12. Civil liability for obstruction of ditch.
Any person who shall dam up, obstruct, or in any way injure any ditch opened pursuant to this chapter shall be liable to the township or county in double the damages which shall be assessed by the jury or court trying the case for such injury.

Source: SL 1883, ch 112, §92; CL 1887, §1340; RPolC 1903, §1745; RC 1919, §8603; SDC 1939, §28.1207.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 21 - Highway Drainage Ditches

Section 31-21-1 - Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises.

Section 31-21-2 - Form of notice.

Section 31-21-3 - Filing of notice and affidavit--Service on landowner--Nonresident landowners.

Section 31-21-4 - Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.

Section 31-21-5 - Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.

Section 31-21-6 - Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.

Section 31-21-7 - Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor.

Section 31-21-8 - Payment to landowner before opening of ditch.

Section 31-21-9 - Appeal from decision to open ditch--Procedure applicable.

Section 31-21-10 - Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch.

Section 31-21-11 - Entry upon land for maintenance of ditch.

Section 31-21-12 - Civil liability for obstruction of ditch.

Section 31-21-13 - Obstruction of ditch as misdemeanor.