§ 31-19-25 — Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.

South Dakota § 31-19-25

• Jurisdiction: South Dakota
• Title 31: HIGHWAYS AND BRIDGES
• Ch. 31-18: ACQUISITION OF LAND AND MATERIALS FOR HIGHWAY PURPOSES

Text

Upon the filing of a declaration of taking pursuant to § 31-19-23 , the court shall fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. To that end, a notice shall issue to the effect that if the defendants do not appear in or respond to the proceedings within thirty days after service thereof, exclusive of the day of such service, the state or municipality shall apply to the court for an order of possession. Thereupon, by order of the court, a notice of hearing shall be issued and served as provided in § 31-19-26 , upon the recorded owners of all lands sought to be acquired or damaged, fixing a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 31-19-10.1 is filed, in which case the hearing provided herein may be held sooner. The court shall make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as may be just and equitable.

Legislative History

SL 1963, ch 195, § 1; SL 1976, ch 184, § 5; SL 1990, ch 226, § 4.