45-5-6. Payment or tender of damages--Use of right-of-way.
Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and erect works and structures and conduct excavations in the right-of-way as may be necessary to the use and enjoyment of the right-of-way.
Source: SL 1881, ch 97, §8; CL 1887, §2023; RPolC 1903, §2557; RC 1919, §8751; SDC 1939, §42.0207; SL 2011, ch 165, §188.