Upon the filing of a petition with the clerk of the court pursuant to § 45-5-2, the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, not less than ten days from the service of the order, and show cause why the right-of-way should not be allowed as requested. The order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.

Source: SL 1881, ch 97, § 4; CL 1887, § 2019; RPolC 1903, § 2553; RC 1919, § 8747; SDC 1939, § 42.0203; SL 2011, ch 165, § 185.