There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 45 - MINING, OIL AND GAS
Chapter 05 - Right-Of-Way To Mines
- Section 45-5-1 - Owners of mines or mining claims have right-of-way--Roads and ditches--Eminent domain for pollution control measures.
- Section 45-5-2 - Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
- Section 45-5-3 - Petition for right-of-way--Proceedings upon filing--Notice to show cause.
- Section 45-5-4 - Hearing upon petition for right-of-way--Award to petitioner--Commissioners to assess damages, appointment.
- Section 45-5-5 - Damages to be assessed by commissioners.
- Section 45-5-6 - Use of right-of-way--Payment or tender of damages assessed.
- Section 45-5-7 - Report of commissioners may be set aside.
- Section 45-5-8 - Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
- Section 45-5-9 - Appeal bond--Approval of sureties--Amount--Conditions.
- Section 45-5-10 - Appeal from assessment of damages--Limited to amount of damages--Jury trial.
- Section 45-5-11 - Right to use of right-of-way pending appeal.
- Section 45-5-12 - Costs of appeal--Liability of respondent.
- Section 45-5-13 - Costs and disbursements--Payment by applicant for right-of-way--Exception.
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