§ 45-5-1 Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut,flume, shaft, or tunnel–Eminent domain for pollution control measures
§ 45-5-2 Petition for right-of-way–Filing with clerk of circuit court–Verification–Contents–Demand for relief
§ 45-5-3 Order to show cause–Service–Time for hearing
§ 45-5-4 Hearing on petition–Award of right-of-way–Appointment of commissioners toassess damages
§ 45-5-5 Assessment of damages by commissioners
§ 45-5-6 Payment or tender of damages–Use of right-of-way
§ 45-5-7 Report of commissioners may be set aside
§ 45-5-8 Appeals from assessment of damages–Time for taking–Service of notice uponrespondent
§ 45-5-9 Appeal bond–Approval of sureties–Amount–Conditions
§ 45-5-10 Appeal from assessment of damages–Limited to amount of damages–Jury trial
§ 45-5-11 Bond pending appeal
§ 45-5-12 Costs of appeal
§ 45-5-13 Costs and expenses under chapter to be paid by party making application
§ 45-5-14 Costs and expenses if applicant tendered sum equal to or more than amount ofdamages assessed

Terms Used In South Dakota Codified Laws > Title 45 > Chapter 5 - Right-of-Way to Mines

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • 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.
  • 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