45-5-14. Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.
If the applicant, before the commencement of the proceeding, has tendered to the parties owning or occupying the lands or mining claims a sum equal to or more than the amount of damages assessed by the commissioners, all of the costs and expenses shall be paid by the party or parties owning the lands or claims affected by the right-of-way and who appeared and resisted the claim of the applicant.
Source: SL 1881, ch 97, §13; CL 1887, §2028; RPolC 1903, §2562; RC 1919, §8756; SDC 1939, §42.0212; SL 2011, ch 165, §192.
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.