31-24-1      Duty of highway authorities to provide access to abutting property at public expense--New construction.
31-24-2      Approaches necessitated by highway construction--Maintenance.
31-24-3      Limitation on number of farm entrances--Additional entrances at owner's expense.
31-24-4      Additional entrances to property previously having more than one farm entrance--Limitations.
31-24-5      Construction on private property prohibited.
31-24-6      Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.
31-24-7      Interference with drainage--Obstruction of right-of-way.
31-24-8      Repealed.
31-24-9      Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense.
31-24-10 to 31-24-16. Repealed.

31-24-1. Duty of highway authorities to provide access to abutting property at public expense--New construction.

If the construction, improvement, and repair of any public highway by the state, or by any county or township, leaves a ditch or elevation along the roadside and deprives any abutting landowner of easy and convenient access from the owner's land to the highway, the highway authority, except as provided by chapters 31-7 and 31-8, shall provide the owner of the abutting tract or farm, as well as each church, school, park, playground, or other public building or ground, with one point of easy and convenient access to a public highway by constructing at the public expense, such grades, approaches, bridges, culverts, or other structures as may be necessary for that purpose. However, the provision authorizing construction of entrances at the expense of the authority having charge of the maintenance only applies to new construction.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 113.

31-24-2. Approaches necessitated by highway construction--Maintenance.

Approaches required by § 31-24-1 shall be built by the highway authority constructing the highway if the building of such approach becomes necessary as a result of highway construction. In all cases any such structure, culvert, bridge, or approach so constructed shall be maintained and kept in repair by the highway authorities who are charged with the maintenance of the highway.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 114.

31-24-3. Limitation on number of farm entrances--Additional entrances at owner's expense.

The owner, as a matter of right, is not entitled under § 31-24-1 to the construction of more than one farm entrance on any one tract or parcel of land at the expense of the public authority whose duty it is to maintain the highway. However, the owner may at the owner's expense upon making application to and receiving written consent of the authority construct other entrances if the entrances are constructed at the place and in the manner designated by the authority in its written permit.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 115.

31-24-4. Additional entrances to property previously having more than one farm entrance--Limitations.

Notwithstanding § 31-24-3, if at the time of the construction, improvement, or repair of any public highway the abutting owner has more than one farm entrance to the highway, which entrance has been in reasonably constant use for more than two years prior to the new construction the owner shall be furnished a like number of entrances by the authority having charge of the construction, improvement, or repair, if the entrances do not materially add to the hazard of public travel on the highway. However, no owner of property adjoining the highway is entitled to more than two such entrances at the expense of the authority charged with the maintenance of the highway, on any one continuous half mile of adjoining property.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 116.

31-24-5. Construction on private property prohibited.

No connecting structure or approach described by § 31-24-1 may be constructed by the highway authorities upon private property nor beyond the right-of-way line.

Source: SL 1921, ch 250; SDC 1939, § 28.0908; SL 1941, ch 132; SL 2010, ch 145, § 117.

31-24-6. Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.

If any public highway as already constructed is of such character as to deprive the owner of the abutting land of easy and convenient access from the owner's land to the highway, the owner of the land may, at the owner's expense, except as provided by chapters 31-7 and 31-8, construct an entrance to the abutting land. However, no entrance may be constructed until the landowner has obtained a permit from the authority whose duty it is to maintain the highway for the construction of the entrance. The entrance shall be constructed in accordance with plans approved by the authority. The authority shall fix the width and location of the entrance and the entrance shall be constructed in accordance therewith.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 118.

31-24-7. Interference with drainage--Obstruction of right-of-way.

No entrance may be so constructed pursuant to § 31-24-6 as to interfere with the proper and necessary drainage of the highway. No portion of the right-of-way of the highway other than that necessary for the entrance shall be occupied or used for business purposes.

Source: SDC 1939, § 28.0908 as added by SL 1941, ch 132; SL 2010, ch 145, § 119.