31-8-16. Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.
No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to §31-29-83. A violation of this section is a Class 2 misdemeanor.
Source: SL 1959, ch 141; SDC Supp 1960, §§28.09A10, 28.9921; SL 1963, ch 165; SDCL §31-8-17; SL 1984, ch 211, §1; SL 1986, ch 237, §1; SL 1989, ch 21, §151; SL 2010, ch 145, §76; SL 2013, ch 129, §1.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 08 - Controlled-Access Facilities
Section 31-8-1 - Definition of controlled-access facility.
Section 31-8-2 - Commercial vehicles permitted or excluded.
Section 31-8-3 - Highway authorities permitted to establish facilities--Local control.
Section 31-8-4 - Regulations as to use.
Section 31-8-5 - Design--Separate roadways, markers.
Section 31-8-6 - Ingress and egress restricted to designated points.
Section 31-8-7 - Manner of acquiring property or property rights.
Section 31-8-8 - Acquisition of property in entire tracts.
Section 31-8-9 - Precedence of condemnation cases.
Section 31-8-10 - New or existing facilities included.
Section 31-8-11 - Elimination of grade crossings.
Section 31-8-12 - Public way connected with facility--Consent of highway authority required.
Section 31-8-13 - Power of highway authorities to enter into agreements.
Section 31-8-14 - Local service roads.
Section 31-8-15 - Unlawful use of facilities--Acts constituting.