45-5-6. Payment or tender of damages--Use of right-of-way.
Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and erect works and structures and conduct excavations in the right-of-way as may be necessary to the use and enjoyment of the right-of-way.
Source: SL 1881, ch 97, §8; CL 1887, §2023; RPolC 1903, §2557; RC 1919, §8751; SDC 1939, §42.0207; SL 2011, ch 165, §188.
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.