Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.

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31-26-3. Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.

The poles and fixtures, guy wires, braces, and stays or underground cable buried or erected under §31-26-1 shall be located under the joint field supervision and direction of the grantee and the governing body charged with the maintenance of the state trunk highway on which they are placed and constructed consistent with the permit requirements adopted under §31-26-22. They shall be so constructed as not to inconvenience the public in the use of any road or the navigation of any stream. An appeal from the decision of the Department of Transportation may be taken to the Transportation Commission. An appeal from the decision of the commission may be taken to the circuit court in the manner provided by law and the rules of practice and procedure adopted by the Supreme Court.

Source: SDC 1939, §28.1001 (2); SL 1939, ch 108; SL 1953, ch 149, §1; SL 1953, ch 150; SL 1984, ch 207, §64; SL 1987, ch 210, §12; SL 2003, ch 159, §2.


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