South Dakota Statutes

§ 21-35-1 — Condemnors covered by chapter--Petition for ascertainment of compensation by jury.

South Dakota § 21-35-1
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-34CONDEMNATION UNDER POWER OF EMINENT DOMAIN

This text of South Dakota § 21-35-1 (Condemnors covered by chapter--Petition for ascertainment of compensation by jury.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-35-1 (2026).

Text

In all cases where any person, group, or corporation, public or private, including the owners of water rights, ditches, flumes, reservoirs, and mining property under the provisions of the laws of Congress, invested with the privilege of taking or damaging private property for public use, in making, constructing, repairing, or using any work or improvement allowed by law, shall determine to exercise such privilege, it shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation to be made for such property may be ascertained by a jury.

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Related

Rupert v. City of Rapid City
2013 S.D. 13 (South Dakota Supreme Court, 2013)
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State Ex Rel. Department of Transportation v. Clark
2011 S.D. 20 (South Dakota Supreme Court, 2011)
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Rapid City v. Baron
227 N.W.2d 617 (South Dakota Supreme Court, 1975)
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Dakota, Minnesota & Eastern Railroad v. South Dakota
236 F. Supp. 2d 989 (D. South Dakota, 2002)
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Nebraska Electric Generation & Transmission Coop., Inc. v. Markus
241 N.W.2d 142 (South Dakota Supreme Court, 1976)
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Legislative History

SL 1891, ch 94, § 1; RCCivP 1903, § 863; RC 1919, § 2938; SDC 1939 & Supp 1960, § 37.4001.

Nearby Sections

15
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Bluebook (online)
South Dakota § 21-35-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-35-1.