Right-Of-Way To Mines

  1. Law
  2. South Dakota Codified Laws
  3. Mining, Oil and Gas
  4. Right-Of-Way To Mines

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Section
45-5-1

Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.

Section
45-5-2

Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.

Section
45-5-3

Order to show cause--Service--Time for hearing.

Section
45-5-4

Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.

Section
45-5-5

Assessment of damages by commissioners.

Section
45-5-6

Payment or tender of damages--Use of right-of-way.

Section
45-5-7

Report of commissioners may be set aside.

Section
45-5-8

Appeals from assessment of damages--Time for taking--Service of notice upon respondent.

Section
45-5-9

Appeal bond--Approval of sureties--Amount--Conditions.

Section
45-5-10

Appeal from assessment of damages--Limited to amount of damages--Jury trial.

Section
45-5-11

Bond pending appeal.

Section
45-5-12

Costs of appeal.

Section
45-5-13

Costs and expenses under chapter to be paid by party making application.

Section
45-5-14

Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.