31-32-9. Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the same is flooded by irrigation water, the street, road, or highway shall be repaired. The municipality, township, county, or other public corporation is entitled to recover from any person placing the obstruction in the street, road, or highway, or allowing the water to flow upon the same, the amount necessarily expended in the removal or repair, including a reasonable amount for attorney's fees, and the action may be commenced in any court in the county having jurisdiction. This section does not apply to the placing of rock or stone in the streets, roads, or highways temporarily for building purposes.
Source: SDC 1939, §28.0915; SL 1992, ch 60, §2; SL 2017, ch 126, §2.
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.