South Dakota Codified Laws
Chapter 05 - Right-Of-Way To Mines
Section 45-5-10 - Appeal from assessment of damages--Limited to amount of damages--Jury trial.

45-5-10. Appeal from assessment of damages--Limited to amount of damages--Jury trial.
Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases.

Source: SL 1881, ch 97, §10; CL 1887, §2025; RPolC 1903, §2559; RC 1919, §8753; SDC 1939, §42.0209.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 45 - Mining, Oil and Gas

Chapter 05 - Right-Of-Way To Mines

Section 45-5-1 - Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.

Section 45-5-2 - Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.

Section 45-5-3 - Order to show cause--Service--Time for hearing.

Section 45-5-4 - Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.

Section 45-5-5 - Assessment of damages by commissioners.

Section 45-5-6 - Payment or tender of damages--Use of right-of-way.

Section 45-5-7 - Report of commissioners may be set aside.

Section 45-5-8 - Appeals from assessment of damages--Time for taking--Service of notice upon respondent.

Section 45-5-9 - Appeal bond--Approval of sureties--Amount--Conditions.

Section 45-5-10 - Appeal from assessment of damages--Limited to amount of damages--Jury trial.

Section 45-5-11 - Bond pending appeal.

Section 45-5-12 - Costs of appeal.

Section 45-5-13 - Costs and expenses under chapter to be paid by party making application.

Section 45-5-14 - Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.