CHAPTER 31-17

BOUNDARY LINE HIGHWAYS

31-17-1    County highway system on state line--Agreements for assignment of responsibility.

31-17-2    Roads crossing county lines--Division of responsibility.

31-17-3    Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.

31-17-4    County highway system on county line--Effect of assignment to county.

31-17-5    Secondary highway on county line--Assignment of responsibility.

31-17-6    Secondary highway on township line--Assignment of responsibility.

31-17-7    Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.

31-17-8    Township boundary line highways--Resolution calling for contribution.

31-17-9    Township boundary line highways--Service of resolution--Notice of meetings.

31-17-10    Township boundary line highways--Purpose of joint meeting.

31-17-11    Township boundary line highways--Action brought on failure to agree on contribution.

31-17-12    Township boundary line highways--Parties and procedure in action to require contribution.

31-17-13    Township boundary line highways--Complaint and answer in action to require contribution.

31-17-14    Township boundary line highways--Judgment in action to require contribution.

31-17-15    Township boundary line highways--Cumulative effect of provisions for equal contribution.

31-17-16    Secondary highway on municipal boundary--Responsibility.

31-17-17    County highway on municipal boundary--Responsibility.

31-17-1. County highway system on state line--Agreements for assignment of responsibility.

If any portion of a county highway system lies on a state line, the Department of Transportation may confer with the authorities of the bordering state and agree upon the assignment of portions of the highway to the counties of the two states for construction, repair, and maintenance.

Source: SL 1919, ch 333, § 11; SDC 1939, § 28.0701; SL 2010, ch 145, § 105.

31-17-2.  Roads crossing county lines--Division of responsibility.

Subject to approval of the department, boards of county commissioners of adjoining counties shall make proper connections between roads which cross county lines and which afford continuous routes of travel; adopt plans and specifications for highway construction, reconstruction, and repairs upon highways along and across county boundary lines, and make an equitable division between such counties of the cost and work of execution of such plans and specifications. In case of disagreement on the division, the Transportation Commission shall make the division.

Source: SL 1925, ch 188, § 1; SDC 1939, § 28.0705; SL 2010, ch 145, § 106.

31-17-3. Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.

If boards of county commissioners fail to perform the duty prescribed by § 31-17-2, or in case of disagreement by such boards, an appeal may be made to the Transportation Commission by one of them. The commission shall notify the county auditors of the counties concerned that the commission will, on a day not less than ten days thereafter, at a named time and place within one of such counties, hold a hearing to determine all matters involved. At the hearing the commission shall fully investigate all questions involved, and shall, as soon as practicable, certify its decision to the different boards. The decision is final, and such boards shall comply.

Source: SL 1925, ch 188, § 2; SDC 1939, § 28.0705; SL 2010, ch 145, § 107.

31-17-4. County highway system on county line--Effect of assignment to county.

Any portion of a county highway system lying on a county line and assigned to a county by the Transportation Commission for construction and maintenance shall be considered as lying fully within the county and all procedure and requirements apply as if the road lay wholly within the limits of one county.

Source: SL 1919, ch 333, § 11; SDC 1939, § 28.0701; SL 2010, ch 145, § 108.

31-17-5. Secondary highway on county line--Assignment of responsibility.

The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective boards of county commissioners and in case of disagreement, as determined by the Transportation Commission.

Source: PolC 1877, ch 29, § 32; CL 1887, § 1222; RPolC 1903, § 1627; RC 1919, § 8574; SDC 1939, § 28.0703.

31-17-6. Secondary highway on township line--Assignment of responsibility.

The secondary highways wholly within one county on lines between organized townships shall be assigned to the charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the board of county commissioners shall determine; and those on the line between organized civil townships and unorganized territory as the board of commissioners shall determine.

Source: SL 1883, ch 112, § 47; CL 1887, § 1307; RPolC 1903, § 1718; SL 1909, ch 70; RC 1919, § 8573; SDC 1939, § 28.0702.

31-17-7. Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.

Adjoining townships shall contribute equally to the construction, improvement, and repair of any township highway that lies on a section line forming the boundary between the townships. However, this section and §§ 31-17-8 to 31-17-15, inclusive, do not prohibit the supervisors of adjoining townships, by a majority of the supervisors from each township, from scheduling and holding a joint meeting of their township boards to mutually agree on alternative procedures for apportioning the responsibilities and costs of constructing, altering, or repairing any township boundary line highway, bridge, or culvert. Each township clerk shall record the time and location of the joint meeting and shall immediately publish notice of the proposed joint meeting in the same manner provided in §§ 8-3-4 and 8-3-5. Any order, notice, award, or apportionment contract, and any other documents resulting from the joint meeting shall be produced in duplicate, filed with each township office, and recorded by each township clerk. Any order, contract, or mutual agreement made before July 1, 1995, between adjoining township boards of supervisors apportioning or reapportioning a township boundary line road, bridge, or culvert is hereby validated and has the same force and effect as though executed after that date.

Source: SL 1961, ch 152, § 1; SL 1995, ch 172.

31-17-8. Township boundary line highways--Resolution calling for contribution.

The board of supervisors of an organized township, to be called, moving townships, may by resolution declare the necessity of the construction, improvement, or repairing of a township boundary line highway and call upon an adjoining organized township with which said highway forms a common boundary line, to contribute equally to the cost of such construction, improvement, or repair.

Source: SL 1961, ch 152, § 2.

31-17-9. Township boundary line highways--Service of resolution--Notice of meetings.

A copy of a resolution adopted under § 31-17-8 may then be served upon the board of supervisors of the adjoining township and such board shall within thirty days thereafter call a special meeting for the purpose of considering such resolution, and shall give notice in writing to the board of supervisors of the moving township of the time and place of such meeting, at least ten days in advance.

Source: SL 1961, ch 152, § 3.

31-17-10. Township boundary line highways--Purpose of joint meeting.

At the meeting provided for by § 31-17-9, the board of supervisors of the moving township and that of the adjoining township shall meet jointly and consider the construction, improvement, or repair of said boundary line highway, and shall endeavor to come to some mutual agreement thereon.

Source: SL 1961, ch 152, § 4.

31-17-11. Township boundary line highways--Action brought on failure to agree on contribution.

In the event that the board of supervisors of the adjoining township refuses to call a meeting as required in § 31-17-9, or in the event that such meeting is held, but no agreement can be reached concerning the construction, improvement, or repair of such highway, the board of supervisors of the moving township shall have the right, within thirty days, to bring an action in the circuit court against the adjoining township to require it to contribute equally to the cost of any necessary construction, improvement, or repair of such highway.

Source: SL 1961, ch 152, § 5.

31-17-12. Township boundary line highways--Parties and procedure in action to require contribution.

In the action authorized by § 31-17-11 the moving township shall be the plaintiff and the adjoining township shall be the defendant; the action shall be commenced by the service of summons and complaint as in civil cases and shall be governed by the rules of civil procedure.

Source: SL 1961, ch 152, § 6.

31-17-13. Township boundary line highways--Complaint and answer in action to require contribution.

The complaint in an action pursuant to § 31-17-11 shall briefly set forth sufficient facts to show that conditions exist which authorize the bringing of such action, a statement in reasonable detail describing the construction, improvement, or repair of such highway which is claimed to be necessary, the estimated cost thereof, and the reasons the same are necessary; the adjoining township shall have thirty days to answer the complaint and in its answer shall briefly set forth the reasons why it claims it should not be required to contribute to such construction, improvement, or repair.

Source: SL 1961, ch 152, § 7.

31-17-14. Township boundary line highways--Judgment in action to require contribution.

The court, by its judgment in an action pursuant to § 31-17-11, may determine the necessity and extent of any construction, improvement, or repair of such highway; the right to enforce equal contribution to the costs thereof by both townships; and the right to require the board of supervisors of both townships to jointly meet and advertise for bids and enter into a contract for the construction, improvement, or repair of such highway in the manner provided by §§ 5-18A-14 and 5-18B-10.

Source: SL 1961, ch 152, § 8; SL 2011, ch 2, § 137.

31-17-15. Township boundary line highways--Cumulative effect of provisions for equal contribution.

Sections 31-17-7 to 31-17-14, inclusive, shall be cumulative to any existing rights or remedies of townships.

Source: SL 1961, ch 152, § 9.

31-17-16. Secondary highway on municipal boundary--Responsibility.

The secondary highways on the boundary line of any municipality must be assigned to the municipality and adjoining civil township, or unorganized territory as provided in §§ 31-17-5 and 31-17-6.

Source: SDC 1939, § 28.0704; SL 1992, ch 60, § 2; SL 2024, ch 104, § 1.

31-17-17. County highway on municipal boundary--Responsibility.

A highway on the county highway system that is also on the boundary line of any municipality must be assigned to the charge of the municipality, board of supervisors of adjoining civil townships, or the board of county commissioners in the case of unorganized territory as may be agreed upon by the respective governing bodies and the secretary of transportation and in case of disagreement, as determined by the secretary of transportation. Any highway segment assigned exclusively to the charge of a municipality or board of supervisors of a civil township is not part of the county highway system.

Source: SL 2024, ch 104, § 2.