South Dakota Codified Laws 31-19-25. Time for surrender of possession–Notice to nonappearing defendants–Order of possession–Notice and hearing–Power of court
Upon the filing of a declaration of taking pursuant to § 31-19-23, the court shall fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. To that end, a notice shall issue to the effect that if the defendants do not appear in or respond to the proceedings within thirty days after service thereof, exclusive of the day of such service, the state or municipality shall apply to the court for an order of possession. Thereupon, by order of the court, a notice of hearing shall be issued and served as provided in § 31-19-26, upon the recorded owners of all lands sought to be acquired or damaged, fixing a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 31-19-10.1 is filed, in which case the hearing provided herein may be held sooner. The court shall make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as may be just and equitable.
Terms Used In South Dakota Codified Laws 31-19-25
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Source: SL 1963, ch 195, § 1; SL 1976, ch 184, § 5; SL 1990, ch 226, § 4.