45-5-3. Order to show cause--Service--Time for hearing.
Upon the filing of a petition with the clerk of the court pursuant to §45-5-2, the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, not less than ten days from the service of the order, and show cause why the right-of-way should not be allowed as requested. The order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.
Source: SL 1881, ch 97, §4; CL 1887, §2019; RPolC 1903, §2553; RC 1919, §8747; SDC 1939, §42.0203; SL 2011, ch 165, §185.
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.