31-3-30. Owner opposed to petition to set forth damages in writing--Determination by county commissioners.
At the meeting of the board of county commissioners at which the report of the committee appointed to examine the highway is presented, any person over whose land the highway passes and who is opposed to the petition shall set forth in writing that he or she is damaged by the location, change, or vacation of the highway and the amount of any damage. The board shall determine from the report and the evidence before the board the amount of damages sustained and whether the damages so assessed are greater than the utility of the proposed highway or change. If the board deems the highway of sufficient advantage to the public to warrant the paying of the damages assessed, the board shall declare the highway located, changed, or vacated and all damages declared assessed shall be paid by the county. However, if the board determines that the damages assessed are greater than the advantages of the proposed location, change, or vacation, the board shall order the petition dismissed.
Source: SL 1883, ch 112, §59; CL 1887, §1319; RPolC 1903, §1730; RC 1919, §8542; SDC 1939, §28.0607; SL 2018, ch 168, §3.
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.