South Dakota Codified Laws
Chapter 22 - Condemnation Of Easements For Isolated Tracts
Section 31-22-4 - Assessment of damages--Report to county auditor--Destruction of records.

31-22-4. Assessment of damages--Report to county auditor--Destruction of records.
The county commissioners shall assess and determine the damage which the right-of-way is to the owner of the land across which it is laid, and they shall file with the county auditor a full report of all their proceedings in the premises, and the county auditor shall record the same in his record of highways. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1935, ch 179, §3; SDC 1939, §28.0803; SL 1981, ch 45, §21.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 22 - Condemnation Of Easements For Isolated Tracts

Section 31-22-1 - Right to access from isolated tract to highway.

Section 31-22-2 - Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice.

Section 31-22-3 - Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision.

Section 31-22-4 - Assessment of damages--Report to county auditor--Destruction of records.

Section 31-22-5 - Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.

Section 31-22-6 - Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners.

Section 31-22-7 - Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.

Section 31-22-8 - Maintenance of right-of-way by dominant landowner.