South Dakota Codified Laws
Chapter 32 - Highway Obstructions And Defects
Section 31-32-17 - Negotiation with owner for abatement of nuisance.

31-32-17. Negotiation with owner for abatement of nuisance.
If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by §31-32-16 exists along any highway in respect to which highway the department, board, or governing body has the duty of maintaining, the department, board, or governing body shall negotiate with the owner of the property on which the nuisance exists for the voluntary abatement of the nuisance.

Source: SL 1945, ch 123, §2; SDC Supp 1960, §28.0917; SL 2010, ch 145, §179.

Structure South Dakota Codified Laws

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 31-32-3.1 - Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.

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 31-32-5 - Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.

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 31-32-9 - Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.

Section 31-32-10 - Duty of governing body to give notice of dangerous road--Time for notice--Guards--Guards along abandoned roadway--Violation as petty offense.

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.