CHAPTER 31-20
USE OF PUBLICLY OWNED LAND FOR HIGHWAY PURPOSES
31-20-1 Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.
31-20-2 Filing map of proposed location with commissioner of school and public lands--Contents of map.
31-20-3 Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.
31-20-4 Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.
31-20-5 Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.
31-20-6 Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.
31-20-7 Subsequent redemption subject to county's previous sale.
31-20-8 Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.
31-20-9 Deed by state--Proper officials.
31-20-10 Deed by county--Proper officials.
31-20-1. Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.
If deemed necessary by the Department of Transportation in order to avoid natural obstructions, to make a shorter system route, to eliminate curves, or to avoid valuable improvements, a highway may be located over and across any common school, endowment, or other state lands in the manner provided by law for laying out public highways, subject to the approval of the commissioner of school and public lands.
Source: SL 1909, ch 32, § 1; SL 1915, ch 214, § 1; RC 1919, § 8614; SDC 1939, § 28.0108; SL 1953, ch 133; SL 2010, ch 145, § 112.
31-20-2. Filing map of proposed location with commissioner of school and public lands--Contents of map.
Whenever it is proposed to locate any public highway over or across any common school, endowment, or other state lands, and prior to the locating of the same, there shall be filed in the office of the commissioner of school and public lands a map or plat of the proposed highway, clearly indicating the course of the same and the acreage required, and the amount of land proposed to be taken out of each smallest legal subdivision.
Source: SL 1909, ch 32, § 2; RC 1919, § 8615; SDC 1939, § 28.0109.
31-20-3. Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.
For the purpose of ascertaining the value of the land taken pursuant to §§ 31-20-1 and 31-20-2 for any such proposed highway, the State Board of Appraisal provided for in S.D. Const., Art. VIII, when directed to do so by the commissioner of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway.
Source: SL 1909, ch 32, § 3; SL 1915, ch 214, § 2; RC 1919, § 8616; SDC 1939, § 28.0110.
31-20-4. Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.
Within four months after appraisement pursuant to § 31-20-3, and upon full payment of the same, a conveyance of the land to be taken for such proposed highway shall be executed by the Governor and attested by the commissioner of school and public lands, with his seal of office affixed, conditioned that should the same cease to be used for two successive years as a public highway, the title shall revert to the owner of the legal subdivision of which it forms a part.
Source: SL 1909, ch 32, § 3; SL 1915, ch 214, § 2; RC 1919, § 8616; SDC 1939, § 28.0110.
31-20-5. Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.
Whenever the board of county commissioners determines that it is in the public interest, and in particular, to the interest of the county, the board may donate or sell and convey by quitclaim deed or easement to the State of South Dakota, for highway right-of-way purposes, the county's interest in any land it may have acquired by tax deed proceedings, without complying with chapter 6-13, or may dedicate for highway purposes any land it may have so acquired by filing a plat or dedication of same fully describing the bounds of said right-of-way, and thereafter, all conveyances made of said land shall be made subject to the conveyance, grant or dedication of said right-of-way. All such conveyances, easements, or dedications shall be executed in the name of the county, by the chairman of the board of county commissioners, and attested by the county auditor, and shall contain a provision that when said property conveyed or dedicated ceases for the period of two years to be used as a public highway same shall revert to the county or its assigns.
Source: SL 1943, ch 40, § 1; SDC Supp 1960, § 12.3405; SL 1989, ch 30, § 57.
31-20-6. Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.
In case the county sells right-of-way to the state pursuant to § 31-20-5 any consideration received therefor shall be distributed as follows:
The county auditor shall ascertain the amount that would have been required to redeem said parcel from the tax sale under § 10-24-5 if said tax certificate had been redeemed.
If the sale price received from said sale shall equal or exceed the amount required to redeem said parcel from said sale the auditor shall pay to various taxing districts their share of said money in no case exceeding the sum they would have received if same had been redeemed and the balance of the consideration, if any, shall be paid into the county general fund.
If the sale price received for said parcel shall be less than the amount required to redeem the amount received shall be divided among the taxing districts pro rata as their interests may appear.
Source: SL 1943, ch 40, § 2; SDC Supp 1960, § 12.3406; SL 2021, ch 43, § 23.
31-20-7. Subsequent redemption subject to county's previous sale.
In case of the donation, dedication, or sale of rights-of-way pursuant to § 31-20-5 any redemption thereafter made of said property shall be subject to the conveyance or dedication made to the state for highway purposes.
Source: SL 1943, ch 40, § 3; SDC Supp 1960, § 12.3407.
31-20-8. Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.
Whenever the State of South Dakota or any county of said state has, before March 18, 1957, received a conveyance of a parcel of Indian allotment land for highway right-of-way purposes by an instrument purporting to convey fee title thereto the county or state, as the case may be, is hereby authorized to reconvey the fee title to the United States of America if the parcel is no longer used or needed for right-of-way purposes. However, in case any of said parcel is still needed for right-of-way purposes said reconveyance, if made, shall be made subject to an easement being reserved for right-of-way purposes in the grantor. Any such deed running to the United States shall recite that same is in trust for any Indian or tribe entitled thereto. Such conveyance shall be to enable a fee patent to be issued to Indian owner subject to the easement for right-of-way.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243.
31-20-9. Deed by state--Proper officials.
Any deed of reconveyance made by authority of § 31-20-8 by the state shall be made in the name of the State of South Dakota acting by and through the Department of Transportation. It shall be executed by the secretary of transportation.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243; SL 1984, ch 207, § 63.
31-20-10. Deed by county--Proper officials.
Any deed made by authority of § 31-20-8 by a county shall be made in the name of the county acting by and through the chairman of the board of county commissioners and attested by the county auditor with the seal of the county attached thereto.
Source: SL 1957, ch 143; SDC Supp 1960, § 28.0243.
