South Dakota Codified Laws
Chapter 22 - Condemnation Of Easements For Isolated Tracts
Section 31-22-8 - Maintenance of right-of-way by dominant landowner.

31-22-8. Maintenance of right-of-way by dominant landowner.
Whenever such right-of-way has been laid out as provided by this chapter, the owner of such isolated tract of land shall keep and maintain such right-of-way at his or her own expense.

Source: SL 1935, ch 179, §7; SDC 1939, §28.0806.

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.