CHAPTER 9-45
STREET AND ALLEY IMPROVEMENTS
9-45-1 Municipal power over streets, alleys, and public grounds--Types of improvements permitted.
9-45-2 Street names and numbering of houses.
9-45-3 Bridges, culverts and sluiceways.
9-45-4 City power over bridges, viaducts, and tunnels.
9-45-5 Crosswalks, curbs, gutters, and drains.
9-45-6 Survey and plat filed on laying out or boundary change in street, alley, or public ground.
9-45-7 Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.
9-45-8 Publication of notice of petition and hearing on vacation.
9-45-9 Hearing and decision on vacation of street, alley, or public ground--Vote required.
9-45-10 Vacation after nonuser of platted street or alley--Petition of property owners.
9-45-11 Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
9-45-12 Publication and filing of resolution vacating platted street or alley.
9-45-13 Irregularities in vacation proceedings cured after two years.
9-45-13.1 Vacation of street in extraterritorial jurisdiction of municipality.
9-45-14 Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.
9-45-15 Change of grade of street--Municipal liability for damage to abutting property.
9-45-16 Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.
9-45-17 Viaduct specifications determined by governing body.
9-45-18 Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
9-45-19 Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
9-45-20 Repealed by SL 2012, ch 57, §§ 79 to 93.
9-45-35 Assumption by municipality of cost of repairing street previously constructed by assessment.
9-45-36 Sidewalk relocation costs shared by municipality.
9-45-37 Record of street proceedings kept by auditor or clerk.
9-45-38 Repealed by SL 2012, ch 57, §§ 95, 96.
9-45-1. Municipal power over streets, alleys, and public grounds--Types of improvements permitted.
Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided by this title.
Source: SL 1890, ch 37, art V, § 1, subdivs 7, 13, 45; SL 1890, ch 37, art XVI, § 18; SL 1890, ch 37, art XVII, § 1; SL 1895, ch 182, § 14; RPolC 1903, § 1229, subdivs 7, 13, 45; RPolC 1903, §§ 1303, 1306, 1441, 1442; SL 1911, ch 95, § 1; SL 1913, ch 111; SL 1913, ch 119, § 53, subdivs 7, 12, 45; SL 1913, ch 126, § 1; RC 1919, §§ 6169 (7), (9), 6356, 6357, 6364; SL 1923, ch 240; SL 1929, ch 195; SDC 1939, § 45.0201 (94); SL 2020, ch 30, § 1.
9-45-2. Street names and numbering of houses.
Every municipality shall have power:
(1) To name and change the name of any street, avenue, alley, or other public place;
(2) To regulate the numbering of houses and lots.
Source: SL 1890, ch 37, art V, § 1, subdivs 22, 23; RPolC 1903, § 1229, subdivs 22, 23; SL 1913, ch 119, § 53, subdivs 22, 23; RC 1919, § 6169 (31), (32); SDC 1939, § 45.0201 (96), (97).
9-45-3. Bridges, culverts and sluiceways.
Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways.
Source: SL 1895, ch 182, § 14; RPolC 1903, § 1441; SL 1913, ch 111, § 1; RC 1919, § 6169 (7); SDC 1939, § 45.0201 (91).
9-45-4. City power over bridges, viaducts, and tunnels.
Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels.
Source: SL 1890, ch 37, art V, § 1, subdiv 28; RPolC 1903, § 1229, subdiv 28; SL 1913, ch 119, § 53, subdiv 28; RC 1919, § 6170 (6); SDC 1939, § 45.0202 (8); SL 1992, ch 60, § 2.
9-45-5. Crosswalks, curbs, gutters, and drains.
Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains.
Source: SL 1890, ch 37, art V, § 1, subdiv 16; RPolC 1903, § 1229, subdiv 16; SL 1913, ch 119, § 53, subdiv 17; RC 1919, § 6169 (49); SDC 1939, § 45.0201 (95).
9-45-6. Survey and plat filed on laying out or boundary change in street, alley, or public ground.
When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county. Any municipality may widen an existing street within the platted right-of-way without filing new plats.
Source: SL 1890, ch 37, art XVI, § 12; RPolC 1903, § 1300; RC 1919, § 6355; SDC 1939, § 45.1709; SL 1991, ch 74, § 1.
9-45-7. Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.
No street, alley, or public ground, or part thereof, shall be vacated by the governing body except upon the petition and consent in writing of all of the owners of the property adjoining the part of the street, alley, or public ground to be vacated. Such petition shall set forth the facts and the reasons for such vacation, accompanied by a plat of such street, alley, or public ground proposed to be vacated, and shall be verified by the oath of one or more of the petitioners, provided, in the event all the land subject to the proposed petition to vacate is located on the land of a landowner, the petition of the landowner shall be sufficient.
Source: SL 1890, ch 37, art XVI, § 13; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1975, ch 91.
9-45-8. Publication of notice of petition and hearing on vacation.
Upon the filing of a petition pursuant to § 9-45-7, the governing body, if it deems it expedient that the matter should be proceeded with, shall order the petition to be filed with the auditor or clerk, who shall give notice by publication once each week for at least two successive weeks, to the effect that the petition has been filed and stating in brief its object and that the petition will be heard and considered by the governing body, or a committee appointed by the governing body for that purpose, on a day specified not less than ten days from the last publication of the notice.
Source: SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 2; SL 2003, ch 46, § 1.
9-45-9. Hearing and decision on vacation of street, alley, or public ground--Vote required.
The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the granting of such petition, may declare by resolution passed by a two-thirds vote of all the members, such street, alley, or public ground vacated.
Source: SL 1890, ch 37, art XVI, § 13; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1.
9-45-10. Vacation after nonuser of platted street or alley--Petition of property owners.
In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the plat, the same may be vacated by the governing body upon application of the owner or owners of all the real property abutting upon both sides thereof. The application for such vacation shall be made upon the petition of the abutting owner or owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney.
Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1992, ch 60, § 2.
9-45-11. Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
After the filing of a petition pursuant to § 9-45-10, the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held not less than ten days from the last publication of the notice. Upon the hearing it is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled during the twenty years preceding the time for the meeting and since the recording of the plat thereof.
Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 3; SL 2007, ch 42, § 1; SL 2011, ch 45, § 1.
9-45-12. Publication and filing of resolution vacating platted street or alley.
A resolution of vacation pursuant to § 9-45-9 or 9-45-11 shall be published, to take effect, and be subject to referendum as other resolutions, and upon taking effect a transcript of such resolution duly certified by the auditor or clerk shall be filed for record and duly recorded in the office of the register of deeds of the county.
Source: SL 1890, ch 37, art XVI, § 13; SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1.
9-45-13. Irregularities in vacation proceedings cured after two years.
Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and public hearing, such governing body has granted or shall grant the petition in whole or in part and there was, or shall be recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source: SL 1951, ch 241, § 2; SDC Supp 1960, § 45.1708-1.
9-45-13.1. Vacation of street in extraterritorial jurisdiction of municipality.
A municipal governing body may vacate a street within its extraterritorial jurisdiction, as defined in § 11-6-10, upon approval of the board of county commissioners.
Source: SL 1981, ch 75.
9-45-14. Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.
The governing body of any municipality by ordinance may establish the grade of any street, alley, or sidewalk in the municipality. A record of the same shall be kept, together with the profile thereof in the office of the auditor or clerk.
Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
9-45-15. Change of grade of street--Municipal liability for damage to abutting property.
After the grade of any street has been established as provided by § 9-45-14, the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the grade as first established.
Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
9-45-16. Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.
If any viaduct is declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, that may be caused to any property by reason of the construction of the viaduct and its approaches. The resolution is effective thirty days after its publication, unless nullified by an order of the Public Utilities Commission.
Such damage shall be paid by the municipality and may be assessed against the property benefited as provided in chapter 9-43.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2; SL 2012, ch 57, § 78.
9-45-17. Viaduct specifications determined by governing body.
The width, height, and strength of any such viaduct and approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the governing body.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706.
9-45-18. Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad company shall proceed within the time and in the manner required by the governing body to construct, reconstruct, or repair any viaduct as required. It is a petty offense for any railroad company to neglect to perform such duty, and each day such company shall neglect to perform such duty shall constitute a separate offense.
Any such company may be compelled by mandamus or other appropriate proceeding to construct, reconstruct, or repair any viaduct so required.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, §§ 45.1706, 45.9904; SL 1981, ch 43, § 20.
9-45-19. Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by § 9-45-18, the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such railroad company, and such cost shall be a valid and subsisting lien against such property and shall also be a legal indebtedness of such company in favor of such first or second class municipality.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2.
9-45-20 to 9-45-34. Repealed by SL 2012, ch 57, §§ 79 to 93.
9-45-35. Assumption by municipality of cost of repairing street previously constructed by assessment.
The resolution of necessity may provide that the municipality may pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street, alley, or public way in which pavement has previously been placed and paid for wholly or in part by assessment of benefited property.
Source: SL 1929, ch 193; SDC 1939, § 45.1705; SL 1949, ch 185, § 5; SL 2012, ch 57, § 94.
9-45-36. Sidewalk relocation costs shared by municipality.
Where, in the process of widening a public way, it is necessary to relocate sidewalks, the governing body of any municipality may provide by ordinance that such municipality shall share with the abutting property owners fifty percent of the assessed cost for replacement of all sidewalks which were not in a highly deteriorated condition prior to such widening of the public way.
Source: SL 1963, ch 287.
9-45-37. Record of street proceedings kept by auditor or clerk.
The auditor or clerk shall keep in his office a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, alley, or other public ground, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the same.
Source: SL 1890, ch 37, art XVI, § 14; RPolC 1903, § 1302; RC 1919, § 6355; SDC 1939, § 45.1709.
9-45-38, 9-45-39. Repealed by SL 2012, ch 57, §§ 95, 96.
