CHAPTER 31-32
HIGHWAY OBSTRUCTIONS AND DEFECTS
31-32-1 Intentionally damaging highway or bridge--Felony.
31-32-2 31-32-2, 31-32-3. Repealed by SL 1974, ch 242, § 18
31-32-3.1 Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.
31-32-3.2 Authorized dumping on highway right-of-way.
31-32-4 Intentional destruction of tollhouse or turnpike gate--Felony.
31-32-5 Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
31-32-6 Duty to notify where bridge or highway is obstructed.
31-32-7 Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
31-32-8 Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
31-32-9 Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
31-32-10 Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty.
31-32-11 31-32-11. Repealed by SL 1986, ch 4, § 8
31-32-12 Bridges over ditches and canals excepted from notice requirements.
31-32-13 Business requiring use of highway by customers as misdemeanor--Exceptions.
31-32-14 Approved ingress and egress excepted from highway use restriction.
31-32-15 Unlawful use of right-of-way as public nuisance.
31-32-16 Objects likely to fall on highway as public nuisance.
31-32-17 Negotiation with owner for abatement of nuisance.
31-32-18 Failure of owner to abate nuisance--Civil action--Cost charged against owner.
31-32-1. Intentionally damaging highway or bridge--Felony.
Every person who intentionally digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of a Class 6 felony.
Source: PenC 1877, § 686; CL 1887, § 6875; RPenC 1903, § 704; RC 1919, § 4308; SDC 1939, § 13.4515.
31-32-3.1. Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.
No person except as provided in § 31-32-3.2 may intentionally dump any load of any material or cargo on or within the highway right-of-way. A violation of this section is a Class 1 misdemeanor.
Source: SL 1987, ch 212, § 1.
31-32-3.2. Authorized dumping on highway right-of-way.
Any governmental employee or person involved in the construction or maintenance of public highway right-of-way or any person authorized by permit or contract with the governmental entity with jurisdiction over the highway right-of-way may dump a load of highway construction or maintenance materials on or within the highway right-of-way.
Source: SL 1987, ch 212, § 2.
31-32-4. Intentional destruction of tollhouse or turnpike gate--Felony.
Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony.
Source: PenC 1877, § 688; CL 1887, § 6877; RPenC 1903, § 706; RC 1919, § 4310; SDC 1939, § 13.4517.
31-32-5. Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boards or poles securely fastened to three upright posts, commits a petty offense and is liable to the person injured for all damages sustained.
Source: SL 1890, ch 131; RPenC 1903, § 484; RC 1919, § 3993; SDC 1939, § 13.1623.
31-32-6. Duty to notify where bridge or highway is obstructed.
It shall be the duty of every person who so injures or obstructs any bridge or highway as to render the same unsafe immediately to put up a danger sign and use diligence to notify one or more of the members of the board or commissioners having jurisdiction or supervision over such bridge or highway of such injury or obstruction. A violation of this section is a petty offense.
Source: SL 1917, ch 258, §§ 1, 2; RC 1919, §§ 8587, 8588; SL 1919, ch 223; SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8.
31-32-7. Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
No unauthorized person may injure any highway by removing, destroying, or otherwise altering the grade constructed for such highway or by filling, obstructing, or otherwise altering the ditch which drains the grade of such highway or otherwise injures such highway in any manner. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, §§ 28.0912, 28.9908; SDCL, § 31-32-8; SL 1988, ch 235.
31-32-8. Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
Any person violating the provisions of § 31-32-3.1, 31-32-6, or 31-32-7, in addition to the judgments authorized by those sections, shall also be liable in a civil action to the township, county, municipality, or other public corporation to which the highway, highway right-of-way, or bridge belonged, in the amount as may be recovered against the township, county, municipality, or other public corporation, including a reasonable amount for attorney's fees, on account of the injury or obstruction referred to in § 31-32-3.1, 31-32-6, or 31-32-7.
Source: SL 1917, ch 258, § 2; RC 1919, § 8588; SDC 1939, § 28.9908; SL 2017, ch 126, § 1.
31-32-9. Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.
The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the same is flooded by irrigation water, the street, road, or highway shall be repaired. The municipality, township, county, or other public corporation is entitled to recover from any person placing the obstruction in the street, road, or highway, or allowing the water to flow upon the same, the amount necessarily expended in the removal or repair, including a reasonable amount for attorney's fees, and the action may be commenced in any court in the county having jurisdiction. This section does not apply to the placing of rock or stone in the streets, roads, or highways temporarily for building purposes.
Source: SDC 1939, § 28.0915; SL 1992, ch 60, § 2; SL 2017, ch 126, § 2.
31-32-10. Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty.
If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, or bridge, shall within forty-eight hours of receiving notice of such danger, erect guards over such defect or across such highway of sufficient height, width, and strength to guard the public from accident or injury and shall repair the damage or provide an alternative means of crossing within a reasonable time after receiving notice of the danger. The governing body shall erect a similar guard across any abandoned public highway, culvert, or bridge. Any officer who violates any of the provisions of this section commits a petty offense.
Source: SDC 1939, §§ 28.0913, 28.9910; SL 1951, ch 140; SL 1990, ch 227.
31-32-12. Bridges over ditches and canals excepted from notice requirements.
Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of § 46-8-16 relating to bridges over ditches and canals.
Source: SDC 1939, § 28.0913 as added by SL 1951, ch 140; SL 2021, ch 128, § 9.
31-32-13. Business requiring use of highway by customers as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is receiving or discharging any merchandise or commodity at the place of business. This section does not apply to streets within the limits of municipalities which are under the control and regulation of the municipality. This section does not apply to a vending facility allowed pursuant to § 31-29-83.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 1984, ch 211, § 3; SL 1986, ch 237, § 3; SL 1989, ch 21, § 153; SL 2010, ch 145, § 175; SL 2013, ch 129, § 3.
31-32-14. Approved ingress and egress excepted from highway use restriction.
The provisions of § 31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are reasonably useful for the business conducted by the person on privately owned property.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 2010, ch 145, § 176.
31-32-15. Unlawful use of right-of-way as public nuisance.
The conducting of an establishment or maintaining of a business in violation of § 31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use.
Source: SL 1941, ch 137; SDC Supp 1960, § 28.0916; SL 2010, ch 145, § 177.
31-32-16. Objects likely to fall on highway as public nuisance.
Any tree, structure, or other object, that, because of its location and because of its age, infirmity, angle of stance, or other condition, is likely to fall, in whole or in part, upon any public highway within the State of South Dakota, so that any person using the highway at the time of the fall might be injured thereby, is a public nuisance against which the remedies prescribed by § 21-10-5 may be employed.
Source: SL 1945, ch 123, § 1; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 178.
31-32-17. Negotiation with owner for abatement of nuisance.
If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by § 31-32-16 exists along any highway in respect to which highway the department, board, or governing body has the duty of maintaining, the department, board, or governing body shall negotiate with the owner of the property on which the nuisance exists for the voluntary abatement of the nuisance.
Source: SL 1945, ch 123, § 2; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 179.
31-32-18. Failure of owner to abate nuisance--Civil action--Cost charged against owner.
If the owner of the property referred to in § 31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the proper court, to abate the nuisance. If abatement is ordered in the suit, the cost of the action shall be charged against the owner of the land on which the nuisance was maintained and against whom the action in abatement was brought.
Source: SL 1945, ch 123, § 2; SDC Supp 1960, § 28.0917; SL 2010, ch 145, § 180.
