South Dakota § 31-19-10.1 Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

South Dakota Statutes

§ 31-19-10.1 — Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

South Dakota § 31-19-10.1

Title 31HIGHWAYS AND BRIDGES

Ch. 31-18ACQUISITION OF LAND AND MATERIALS FOR HIGHWAY PURPOSES

This text of South Dakota § 31-19-10.1 (Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.) 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 § 31-19-10.1 (2026).

Text

Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26 , a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty - day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.

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Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26 , a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty - day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.