South Dakota Codified Laws
Chapter 45 - Street And Alley Improvements
Section 9-45-11 - Notice and hearing on vacation of platted street or alley--Evidence of nonuser.

9-45-11. Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
After the filing of a petition pursuant to §9-45-10, the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held not less than ten days from the last publication of the notice. Upon the hearing it is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled during the twenty years preceding the time for the meeting and since the recording of the plat thereof.

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 1972, ch 51, §3; SL 2007, ch 42, §1; SL 2011, ch 45, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 45 - Street And Alley Improvements

Section 9-45-1 - Municipal power over streets, alleys, and public grounds--Types of improvements permitted.

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 9-45-6 - Survey and plat filed on laying out or boundary change in street, alley, or public ground.

Section 9-45-7 - Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.

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 9-45-14 - Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.

Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.

Section 9-45-16 - Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.

Section 9-45-17 - Viaduct specifications determined by governing body.

Section 9-45-18 - Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.

Section 9-45-19 - Viaduct work done by municipality on failure by railroad--Costs charged against railroad.

Section 9-45-35 - Assumption by municipality of cost of repairing street previously constructed by assessment.

Section 9-45-36 - Sidewalk relocation costs shared by municipality.

Section 9-45-37 - Record of street proceedings kept by auditor or clerk.