45-5-7. Report of commissioners may be set aside.
For good cause the judge may set aside the report of such commissioners and appoint three other commissioners whose duties shall be the same as provided in §45-5-5.
Source: SL 1881, ch 97, §7; CL 1887, §2022; RPolC 1903, §2556; RC 1919, §8750; SDC 1939, §42.0206.
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.