31-19-1. Right-of-way and borrow pit--Purchase or condemnation--Proceedings.

The land or material for 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 land or material is to be acquired by condemnation the proceedings shall be as provided by § 31-19-3.

Source: SL 1939, ch 113, § 2; SDC Supp 1960, § 28.13A02; SL 1966, ch 83.



SDLRC - Codified Law 31-19-1 - Right-of-way and borrow pit--Purchase or condemnation--Proceedings.

31-19-1.1. Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.

The Department of Transportation may acquire by gift, devise, purchase, or condemnation, an easement or fee interest in real estate, other than a right-of-way, for the purpose of providing a suitable location for the relocation of utility lines and facilities displaced as a result of a highway construction project. After all displaced utility lines and facilities have been appropriately relocated, the department may allow the use of such property by additional utilities under the terms and conditions established by the department. The South Dakota Transportation Commission may provide, by rules promulgated pursuant to chapter 1-26, for the terms and conditions for use of such property by utilities.

Source: SL 2004, ch 196, § 1.



SDLRC - Codified Law 31-19-1 - Right-of-way and borrow pit--Purchase or condemnation--Proceedings.

31-19-1.2. Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.

No owner or operator of utility lines or facilities displaced as a result of a highway construction project may be compelled to relocate those utility lines or facilities to either an easement or a fee interest acquired pursuant to § 31-19-1.1.

Source: SL 2004, ch 196, § 2.