An Act to revise provisions for the acquisition of highway easements and rights of way.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 31-19-1 be AMENDED:

31-19-1. The land or material for a right‑of‑way and borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If said the land or material is to be acquired by condemnation, the proceedings shall must be as provided by § 31-19-3.

Section 2. That a NEW SECTION be added to chapter 31-19:

The land or material for a borrow pit may be acquired for the state by the Department of Transportation, either by gift, purchase, or condemnation. If the land or material is acquired by condemnation, the proceedings must be as provided by § 31-19-3.

Section 3. That a NEW SECTION be added to chapter 31-19:

If the Department of Transportation is to acquire an easement or right of way for a borrow pit, the department must file a notice with the landowner and the register of deeds for the county in which the easement or right of way is located. The notice must state the purpose for the easement or right of way and state that just compensation must be paid to the landowner, as negotiated.

The notice must include the department's plans for the easement or right of way, and a detailed description of the property through, or over which, the proposed improvement is to be constructed.

All persons having an interest in, or a lien upon the property must be provided with a copy of the notice, insofar as those persons may be known at the time of the filing.

Upon agreement between a landowner and the department for the purchase of the easement and finalization of the sale, the county register of deeds shall record the easement or right of way. If negotiations fail, the requirements for condemnation, as set forth in §§ 31-19-2 to 31-19-19, inclusive, apply.