South Dakota Statutes

§ 21-45-18 — Road or street set aside before partition or sale.

South Dakota § 21-45-18
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-45PARTITION AND SALE OF REAL ESTATE

This text of South Dakota § 21-45-18 (Road or street set aside before partition or sale.) 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 § 21-45-18 (2026).

Text

Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the parties or sold, but shall remain an open and public way, road, or street, unless the referees shall set the same apart as a private way for the use of the parties interested, or some of them, their heirs, or assigns, in which case it shall remain such private way.

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Legislative History

CCivP 1877, § 560; CL 1887, § 5374; RCCivP 1903, § 599; RC 1919, § 2810; SDC 1939 & Supp 1960, § 37.1413.

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Bluebook (online)
South Dakota § 21-45-18, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-45-18.