31-3-30. Owner opposed to petition to set forth damages in writing--Determination by county commissioners.
At the meeting of the board of county commissioners at which the report of the committee appointed to examine the highway is presented, any person over whose land the highway passes and who is opposed to the petition shall set forth in writing that he or she is damaged by the location, change, or vacation of the highway and the amount of any damage. The board shall determine from the report and the evidence before the board the amount of damages sustained and whether the damages so assessed are greater than the utility of the proposed highway or change. If the board deems the highway of sufficient advantage to the public to warrant the paying of the damages assessed, the board shall declare the highway located, changed, or vacated and all damages declared assessed shall be paid by the county. However, if the board determines that the damages assessed are greater than the advantages of the proposed location, change, or vacation, the board shall order the petition dismissed.
Source: SL 1883, ch 112, §59; CL 1887, §1319; RPolC 1903, §1730; RC 1919, §8542; SDC 1939, §28.0607; SL 2018, ch 168, §3.