S.D. Codified Laws § 31-3-6
This is the official text of S.D. Codified Laws § 31-3-6, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Petition to locate, change, or vacate a highway
Official statutory text
Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44 , vacate, change, or locate a highway in the township, if the public interest will be better served by the action.
Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44 , vacate, change, or locate a highway in the county, if the public interest will be better served by the action.
Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.
The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.
Source: SDC 1939, § 28.0410; SL 1984, ch 208, § 2; SL 1985, ch 233, § 1; SL 2021, ch 122, § 1.
Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may, except as provided in §§ 31-3-12 and 31-3-44 , vacate, change, or locate a highway in the county, if the public interest will be better served by the action.
Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by § 31-3-7 , and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.
The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.
Source: SDC 1939, § 28.0410; SL 1984, ch 208, § 2; SL 1985, ch 233, § 1; SL 2021, ch 122, § 1.
Status: in_force · Read it on the official government site
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