31-8-1      Definition of controlled-access facility.
31-8-2      Commercial vehicles permitted or excluded.
31-8-3      Highway authorities permitted to establish facilities--Local control.
31-8-4      Regulations as to use.
31-8-5      Design--Separate roadways, markers.
31-8-6      Ingress and egress restricted to designated points.
31-8-7      Manner of acquiring property or property rights.
31-8-8      Acquisition of property in entire tracts.
31-8-9      Precedence of condemnation cases.
31-8-10      New or existing facilities included.
31-8-11      Elimination of grade crossings.
31-8-12      Public way connected with facility--Consent of highway authority required.
31-8-13      Power of highway authorities to enter into agreements.
31-8-14      Local service roads.
31-8-15      Unlawful use of facilities--Acts constituting.
31-8-15.1      Meaning of recovery vehicle.
31-8-15.2      When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.
31-8-16      Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.
31-8-17      Superseded.
31-8-18      Payment for trash collection required in license contract with visually impaired vendor.

31-8-1. Definition of controlled-access facility.

For the purposes of this chapter, a controlled-access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason.

Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02.

31-8-2. Commercial vehicles permitted or excluded.

Any highway or street constituting a controlled-access facility may be a freeway open to use by all customary forms of street and highway traffic or the highway or street may be a parkway from which trucks, buses, and other commercial vehicles are excluded.

Source: SL 1953, ch 155, § 2; SDC Supp 1960, § 28.09A02; SL 2010, ch 145, § 64.

31-8-3. Highway authorities permitted to establish facilities--Local control.

The highway authorities of the state, counties, and municipalities, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority is of the opinion that traffic conditions, present or future, will justify the special facilities. However, within a municipality that authority is subject to any municipal consent as may be required by law.

Source: SL 1953, ch 155, § 3; SDC Supp 1960, § 28.09A03; SL 2010, ch 145, § 65.

31-8-4. Regulations as to use.

Highway authorities of the state, counties, and municipalities may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with §§ 31-8-1 and 31-8-2.

Source: SL 1953, ch 155, § 3; SDC Supp 1960, § 28.09A03; SL 1987, ch 210, § 9; SL 1992, ch 60, § 2.

31-8-5. Design--Separate roadways, markers.

The highway authorities of the state, counties, and municipalities may design any controlled-access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection the highway authorities may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating separate roadways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices.

Source: SL 1953, ch 155, § 4; SDC Supp 1960, § 28.09A04; SL 2010, ch 145, § 66.

31-8-6. Ingress and egress restricted to designated points.

No person has any right of ingress or egress to, from or across any controlled-access facility to or from any abutting land, except at any designated point at which access may be permitted.

Source: SL 1953, ch 155, § 4; SDC Supp 1960, § 28.09A04; SL 2010, ch 145, § 67.

31-8-7. Manner of acquiring property or property rights.

For the purposes of this chapter, the highway authorities of the state, counties, or municipalities may acquire private or public property rights for any controlled-access facility and service road, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation as may be authorized by law to acquire such property or property rights in connection with any highway and street within their respective jurisdictions.

Source: SL 1953, ch 155, § 5; SDC Supp 1960, § 28.09A05; SL 2010, ch 145, § 68.

31-8-8. Acquisition of property in entire tracts.

In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the state, county, city, or town highway authority may acquire an entire lot, block, or tract of land, if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.

Source: SL 1953, ch 155, § 5; SDC Supp 1960, § 28.09A05; SL 2010, ch 145, § 69.

31-8-9. Precedence of condemnation cases.

Any court proceeding necessary to acquire property or property rights for purposes of this chapter may take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled-access facilities may be expedited.

Source: SL 1953, ch 155, § 6; SDC Supp 1960, § 28.09A06; SL 2010, ch 145, § 70.

31-8-10. New or existing facilities included.

The highway authority of the state, county, or municipality may designate and establish any controlled-access highway as a new and additional facility or may designate and establish an existing street or highway as included within a controlled-access facility.

Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 71.

31-8-11. Elimination of grade crossings.

The state or any of its subdivisions may provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation or service road, or by closing off the roads and streets at the right of way boundary line of such controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not a part of the facility may intersect the facility at grade.

Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 72.

31-8-12. Public way connected with facility--Consent of highway authority required.

No municipal street, county or state highway, or other public way may be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, or municipality having jurisdiction over the controlled-access facility. The consent and approval shall be given only if the public interest is served thereby.

Source: SL 1953, ch 155, § 7; SDC Supp 1960, § 28.09A07; SL 2010, ch 145, § 73.

31-8-13. Power of highway authorities to enter into agreements.

The highway authorities of the state, counties, or municipalities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of a controlled-access facility or other public way in their respective jurisdictions to facilitate the purpose of this chapter.

Source: SL 1953, ch 155, § 8; SDC Supp 1960, § 28.09A08; SL 2010, ch 145, § 74.

31-8-14. Local service roads.

In connection with the development of any controlled-access facility the state, county, or municipal highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street, and exercise jurisdiction over service roads in the same manner as is authorized over any controlled-access facility under the terms of this chapter, if, in their opinion, the local service roads and streets are necessary or desirable. The local service road or street shall be of appropriate design, and they shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.

Source: SL 1953, ch 155, § 9; SDC Supp 1960, § 28.09A09; SL 2010, ch 145, § 75.

31-8-15. Unlawful use of facilities--Acts constituting.

It is a Class 2 misdemeanor for any person:

(1)    To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;

(2)    To make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line. No such turn may be made through an opening in the dividing curb section, separation, or line which has been designated and marked for use by maintenance and authorized vehicles only. Maintenance and authorized vehicles may use such openings in dividing curb sections, separation, or lines for parking or turning. Maintenance vehicles include all vehicles used in the maintenance of the highways of this state and authorized vehicles include all law enforcement vehicles, fire vehicles, civil defense rescue vehicles, ambulances and recovery vehicles as defined by § 31-8-15.1 which are responding to a call for assistance;

(3)    To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line;

(4)    To drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper.

Source: SL 1953, ch 155, § 10; SL 1959, ch 141; SDC Supp 1960, §§ 28.09A10, 28.9921; SL 1963, ch 165; SDCL, § 31-8-17; SL 1972, ch 169; SL 1988, ch 234, § 1.

31-8-15.1. Meaning of recovery vehicle.

For the purposes of §§ 31-8-15 to 31-8-15.2, inclusive, a recovery vehicle is a motor vehicle which is specially equipped with a boom, winch, or wheel lift to tow, haul, or push a disabled motor vehicle. The recovery vehicle shall have amber beacon or flashing warning lights which shall be used as provided by § 32-17-10. The recovery vehicle shall also display the company's name in two inch letters on both sides of the vehicle in a location visible to the public.

Source: SL 1988, ch 234, § 2.

31-8-15.2. When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.

A recovery vehicle may not cross the median of a divided highway when the towed vehicle has more than three axles. A violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 234, § 3.

31-8-16. Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.

No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to § 31-29-83. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 141; SDC Supp 1960, §§ 28.09A10, 28.9921; SL 1963, ch 165; SDCL § 31-8-17; SL 1984, ch 211, § 1; SL 1986, ch 237, § 1; SL 1989, ch 21, § 151; SL 2010, ch 145, § 76; SL 2013, ch 129, § 1.