9-45-10. Vacation after nonuser of platted street or alley--Petition of property owners.
In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the plat, the same may be vacated by the governing body upon application of the owner or owners of all the real property abutting upon both sides thereof. The application for such vacation shall be made upon the petition of the abutting owner or owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney.
Source: SL 1893, ch 122, §1; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1; SL 1992, ch 60, §2.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 45 - Street And Alley Improvements
Section 9-45-2 - Street names and numbering of houses.
Section 9-45-3 - Bridges, culverts and sluiceways.
Section 9-45-4 - City power over bridges, viaducts, and tunnels.
Section 9-45-5 - Crosswalks, curbs, gutters, and drains.
Section 9-45-8 - Publication of notice of petition and hearing on vacation.
Section 9-45-9 - Hearing and decision on vacation of street, alley, or public ground--Vote required.
Section 9-45-10 - Vacation after nonuser of platted street or alley--Petition of property owners.
Section 9-45-11 - Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
Section 9-45-12 - Publication and filing of resolution vacating platted street or alley.
Section 9-45-13 - Irregularities in vacation proceedings cured after two years.
Section 9-45-13.1 - Vacation of street in extraterritorial jurisdiction of municipality.
Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.
Section 9-45-17 - Viaduct specifications determined by governing body.
Section 9-45-36 - Sidewalk relocation costs shared by municipality.
Section 9-45-37 - Record of street proceedings kept by auditor or clerk.