South Dakota Codified Laws 21-35-10.1. Hearing on right to take–Time for demand–Waiver of right to question necessity–Finding of necessity as binding
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Within thirty days from the date the summons described in § 21-35-9 is served, the defendant may demand a hearing in circuit court on the petitioner’s right to take. Failure to make such demand or to consent in writing to the taking, within the thirty–day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the plaintiff, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
Terms Used In South Dakota Codified Laws 21-35-10.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
Source: SL 1976, ch 157, § 1; SL 1977, ch 186.