31-21-4. Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.
The person serving notice pursuant to §31-21-3 shall make return thereon to the township clerk or county auditor stating the facts, and if it shall appear from such return that the owner of any such land does not reside in the county and that no occupant resides thereon, such clerk or auditor shall order the publication of the notice once each week for at least two successive weeks in a newspaper printed and published in the county, or if there be no paper printed and published in the county he shall post or cause the notice to be posted in three of the most public places in the county for three weeks prior to the meeting of the township supervisors or county commissioners, and such publication shall be considered as sufficient notice to all parties.
Source: SL 1883, ch 112, §88; CL 1887, §1336; RPolC 1903, §1741; RC 1919, §8599; SDC 1939, §28.1202; SL 1972, ch 236, §2.
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.