45-5-11. Bond pending appeal.
The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in §45-5-6, if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant whatever amount the appellant may recover in the action, not exceeding the amount of the bond.
Source: SL 1881, ch 97, §11; CL 1887, §2026; RPolC 1903, §2560; RC 1919, §8754; SDC 1939, §42.0210; SL 2011, ch 165, §189.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 05 - Right-Of-Way To Mines
Section 45-5-3 - Order to show cause--Service--Time for hearing.
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 45-5-9 - 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.