§ 31-19-1 Right-of-way and borrow pit–Purchase or condemnation–Proceedings
§ 31-19-1.1 Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project–Use–Rules
§ 31-19-1.2 Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate
§ 31-19-2 Resolution of necessity–Recordation and filing
§ 31-19-3 Condemnation–Petition–Parties defendant–Contents of petition–Verification
§ 31-19-4 Pleadings necessary–Interpleader–Compensation only issue
§ 31-19-5 Omitted defendants–Amendment of petition
§ 31-19-6 Notice in register of deeds’ office–Contents of notice–Effect of notice
§ 31-19-7 Summons to defendants–Contents–Time for response
§ 31-19-8 Service of summons–Unknown parties–Publication of summons
§ 31-19-9 Notice annexed to publication–Contents–Time of publication–Applicability of general rules respecting publication of summons
§ 31-19-10 Personal service on nonresident defendant
§ 31-19-10.1 Demand for hearing on question of necessity–Waiver of right to question–Finding of necessity as binding on all persons
§ 31-19-11 Defaulting defendants–Affidavit of default–Summoning jurors–Procedure for summoning
§ 31-19-12 Hearing at special term–Rights of defendants–Rules of civil procedure applicable
§ 31-19-13 Conduct of proceedings–Notice of trial
§ 31-19-14 Continuance respecting unserved defendants
§ 31-19-15 View of premises by jury
§ 31-19-16 Compensation ascertained by jury–Separate verdicts for separate tracts
§ 31-19-17 Benefits to defendant as affecting compensation
§ 31-19-18 Return of verdict–Recordation–Judgment–Deposit in favor of nonappearing defendants–Possession of land awarded to state
§ 31-19-19 Compensation paid out of state highway funds as part of cost of state trunk highway
§ 31-19-20 Purchase or condemnation of land outside right-of-way–Payment–Procedure
§ 31-19-21 Procedure as cumulative–General condemnation rules not impaired
§ 31-19-23 Procedure to effect immediate taking–Declaration of taking–Contents of declaration
§ 31-19-24 Title vesting in state or municipality–Right to compensation vesting in owner–Effective date
§ 31-19-25 Time for surrender of possession–Notice to nonappearing defendants–Order of possession–Notice and hearing–Power of court
§ 31-19-26 Service of declaration of taking–Registered or certified mail
§ 31-19-27 Parties omitted from declaration of taking–Amendment–Amendment as not deferring effect of declaration
§ 31-19-28 Court deposit of money required for taking–Expediting distribution of money
§ 31-19-29 Payment of moneys on deposit–Payment of additional moneys after award is made
§ 31-19-30 Payment to owner–Receipt by owner–Contents of receipt
§ 31-19-31 Priority of proceedings to determine just compensation
§ 31-19-32 Right to jury trial–Waiver–Placing cause on calendar without notice
§ 31-19-33 Trial on question of just compensation–Judgment–Interest on award–Interest on amounts already deposited in court
§ 31-19-34 Compensation exceeding amounts already distributed–Judgment for deficiency–Compensation for less than amount already distributed–Judgment against defendant
§ 31-19-35 Prohibition against abandoning condemnation proceeding
§ 31-19-36 Expenditure of public funds on condemned land before final judgment–Opinion of attorney general respecting title
§ 31-19-37 Stipulation by attorney general excluding parts of condemned property–Municipal attorney to act for municipality
§ 31-19-38 Appeal as not delaying proceeding
§ 31-19-40 Procedure as cumulative
§ 31-19-41.1 Uneconomic remnant from land acquisition by county or first or second class municipality
§ 31-19-42 Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical
§ 31-19-43 Title to land
§ 31-19-44 Lease of non-right-of-way property
§ 31-19-45 Sale of non-right-of-way property
§ 31-19-46 Exchange of non-right-of-way property
§ 31-19-47 Owner’s agreement with state relinquishing possession pending determination of damages–Interest pending payment of damages–Tender of payment
§ 31-19-48 Tender of estimated compensation–Landowner’s rights unaffected by tender or acceptance
§ 31-19-49 Financial assistance to persons displaced by highway acquisition
§ 31-19-49.1 Financial assistance when federal funds are unavailable
§ 31-19-60 Lands no longer needed–Reversion of condemned lands–Sale of lands acquired by gift, devise or purchase–Purchase by abutting landowner–Right of use by utility
§ 31-19-63 Transfer of right-of-way between state and political subdivisions
§ 31-19-63.1 Transfer of right-of-way to federal government or Indian tribe
§ 31-19-64 Order or resolution to transfer right-of-way–Conveyance–Effect
§ 31-19-65 Functional replacement of real property in public ownership

Terms Used In South Dakota Codified Laws > Title 31 > Chapter 19 - Acquisition of Land and Materials for Highway Purposes

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • Verdict: The decision of a petit jury or a judge.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2