31-3-11. Validation of vacation of highway not within municipality.
Whenever the governing body of any township, or county, of this state, having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway or street, alley, or public ground or any part thereof, not located within the corporate limits of any municipality, and, after due hearing such governing body has granted or shall grant the petition in whole or in part and there was, or shall be, recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source: SL 1951, ch 138, §2; SDC Supp 1960, §28.0411-1.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 03 - Location, Change And Vacation Of Highways
Section 31-3-2 - Public highway not established by mere use.
Section 31-3-3 - Rights of settlers on public lands.
Section 31-3-4 - Location on boundary line--Half of highway taken from each side.
Section 31-3-5 - Damages assessed--Payment before use of road.
Section 31-3-6 - Petition to locate, change, or vacate a highway.
Section 31-3-6.1 - Access to public lands or public waters.
Section 31-3-7 - Public hearing--Notice--Affirmative resolution of board--Order.
Section 31-3-9 - Resolution and order--Entry in minutes--Publication.
Section 31-3-10 - Discontinuance and vacation--Reversion of title to land--Removal of improvements.
Section 31-3-11 - Validation of vacation of highway not within municipality.
Section 31-3-12 - Limitation of jurisdiction of township supervisors.
Section 31-3-13 - Highway on township line--Joint resolution.
Section 31-3-14 - Appeal from township board to vote of voters.
Section 31-3-17 - Reopening vacated section lines without payment of damages.
Section 31-3-18 - Width of highway.
Section 31-3-19 - County location proceedings--Highways to which applicable.
Section 31-3-20 - Municipal boundary highways--County and trunk highway systems.
Section 31-3-28 - Benefits considered in assessing damages.
Section 31-3-33 - Assessment and payment of damages.
Section 31-3-34 - Appeal to circuit court--Time allowed.
Section 31-3-36 - Location by consent.
Section 31-3-37 - Expenses of survey--Payment by person seeking location of highway.
Section 31-3-39 - Field notes--Furnishing to board of supervisors of township.
Section 31-3-40 - Field notes--Recording in township highway record.
Section 31-3-43 - Notice of proposed change--Publication.
Section 31-3-44 - Highways within extraterritorial area of municipality.
Section 31-3-45 - Rights of utilities and rural water systems unaffected.
Section 31-3-46 - Procedures for highway appeals from township board of supervisors.