South Dakota Codified Laws
Chapter 22 - Condemnation Of Easements For Isolated Tracts
Section 31-22-5 - Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.

31-22-5. Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.
The owner of the land over which such right-of-way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.

Source: SL 1935, ch 179, §6; SDC 1939, §28.0807.

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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.