31-21-2. Form of notice.
The notice required by §31-21-1 may be in substantially the following form:
State of South Dakota
County of __________ ss:
To Mr. __________:
Whereas it appears from the affidavit of ____ that the road from ____ to ____ passes through a swamp, bog, pond, or lowland, and that in the opinion of such affiant a ditch should be opened through land belonging to ____ for the purpose of draining such swamp;
Now therefore you are hereby notified that the board of township supervisors (or the board of county commissioners) will on the ____ day of ____, 20__, examine the premises over which such ditch is to pass, will hear any objections which may be made in the matter, and will consider the amount of damages which in its opinion will be just compensation to the owners of land in consequence of the opening of such ditch.
__________ Chairman of board of __________
Source: SL 1883, ch 112, §87; CL 1887, §1335; RPolC 1903, §1740; RC 1919, §8598; SDC 1939, §28.1201.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 21 - Highway Drainage Ditches
Section 31-21-2 - Form of notice.
Section 31-21-3 - Filing of notice and affidavit--Service on landowner--Nonresident landowners.
Section 31-21-8 - Payment to landowner before opening of ditch.
Section 31-21-9 - Appeal from decision to open ditch--Procedure applicable.
Section 31-21-11 - Entry upon land for maintenance of ditch.
Section 31-21-12 - Civil liability for obstruction of ditch.