9-45-15. Change of grade of street--Municipal liability for damage to abutting property.
After the grade of any street has been established as provided by §9-45-14, the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the grade as first established.
Source: SL 1890, ch 37, art XVI, §18; RPolC 1903, §1306; RC 1919, §6356; SDC 1939, §45.1707.
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.