31-32-15. Unlawful use of right-of-way as public nuisance.
The conducting of an establishment or maintaining of a business in violation of §31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use.
Source: SL 1941, ch 137; SDC Supp 1960, §28.0916; SL 2010, ch 145, §177.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 32 - Highway Obstructions And Defects
Section 31-32-1 - Intentionally damaging highway or bridge--Felony.
Section 31-32-3.2 - Authorized dumping on highway right-of-way.
Section 31-32-4 - Intentional destruction of tollhouse or turnpike gate--Felony.
Section 31-32-6 - Duty to notify where bridge or highway is obstructed.
Section 31-32-7 - Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
Section 31-32-8 - Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
Section 31-32-12 - Bridges over ditches and canals excepted from notice requirements.
Section 31-32-13 - Business requiring use of highway by customers as misdemeanor--Exceptions.
Section 31-32-14 - Approved ingress and egress excepted from highway use restriction.
Section 31-32-15 - Unlawful use of right-of-way as public nuisance.
Section 31-32-16 - Objects likely to fall on highway as public nuisance.
Section 31-32-17 - Negotiation with owner for abatement of nuisance.
Section 31-32-18 - Failure of owner to abate nuisance--Civil action--Cost charged against owner.