31-27-15. Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent.
If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or county highway, the necessary right-of-way shall be obtained by the Department of Transportation or the board of county commissioners either by consent of the owners of the property sought, or by condemnation, after the property is properly surveyed and plats are prepared by the Department of Transportation, or county highway superintendent.
Source: SL 1919, ch 333, §62; SDC 1939, §28.1104 (4); SL 1984, ch 207, §66.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 27 - Railroad Crossings
Section 31-27-3 - Filing required for establishment of crossing--Approval.
Section 31-27-5 - Expense of eliminating crossings.
Section 31-27-6 - Expense of land appropriated for relocation of crossings.
Section 31-27-7 - Determination to eliminate crossing when no right-of-way is needed.
Section 31-27-11 - Grading and approaches if no right-of-way needed.
Section 31-27-12 - Determination to eliminate dangerous crossing when new right-of-way is necessary.
Section 31-27-17 - Cost of right-of-way, grading, and approaches.
Section 31-27-18 - Minimum overhead clearance--Width of roadway--Approaches.