South Dakota Codified Laws
Chapter 21 - Highway Drainage Ditches
Section 31-21-5 - Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.

31-21-5. Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.
At the time specified in the notice required by §31-21-1 the township supervisors or county commissioners shall proceed to examine the road and premises over which such ditch must pass and hear any reasons for or against laying out the same, and shall decide upon the application as they deem proper, and shall assess the amount of damages which in their judgment will be an equitable compensation to the owner of any land for the opening of such ditch through his land.

Source: SL 1883, ch 112, §89; CL 1887, §1337; RPolC 1903, §1742; RC 1919, §8600; SDC 1939, §28.1203.

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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.