31-3-36. Location by consent.
Public highways may be located without the appointment of viewers, provided the written consent of all the owners of the land to be used for that purpose be first filed in the county auditor's office, and if it is shown to the satisfaction of the board of county commissioners that the proposed highway is of sufficient public importance to be opened and worked by the public, it shall make an order locating the same, from which time only shall it be regarded as a public highway.
Source: SL 1883, ch 67, §1; CL 1887, §1219; RPolC 1903, §1624; RC 1919, §8546; SDC 1939, §28.0610.
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.