9-45-13. Irregularities in vacation proceedings cured after two years.
Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and public hearing, such governing body has granted or shall grant the petition in whole or in part and there was, or shall be recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source: SL 1951, ch 241, §2; SDC Supp 1960, §45.1708-1.
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.