South Dakota Codified Laws
Chapter 21 - Highway Drainage Ditches
Section 31-21-6 - Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.

31-21-6. Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.
In all cases under this chapter the township board of supervisors or board of county commissioners shall estimate the advantage and benefits the laying out and opening of such ditch will confer upon the owner of any land through which such ditch may run, as well as the disadvantages. The damages sustained by reason of laying out and opening such ditch may be ascertained by the agreement of the owner and the township supervisors or county commissioners, in which case every agreement and release shall be in writing and filed in the office of the township clerk or county auditor and shall forever preclude such owner from all further claims for damages.

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.