§ 31-19-42 — Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.

South Dakota § 31-19-42

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

Text

Any first or second class municipality, county, township, or other governmental agency may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the municipal, county, or township highway system, for the functional operation of the municipality, county, or township, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the municipality or county. The Department of Transportation may acquire by gift, devise, or purchase, a fee ownership in real estate including right-of-way, for the construction and maintenance of the state highway system, for the functional operation of the department, and where, in relation to right-of-way acquisition, uneconomic remnants of land would be left to the original owner or where severance damages to a remainder make the acquisition of the entire tract or parcel more economical to the state. The department may not acquire fee ownership in right-of-way taken by condemnation proceedings.

Legislative History

SL 1961, ch 145, § 1; SL 1967, ch 116; SL 1983, ch 226, § 1; SL 1986, ch 238, § 1; SL 1992, ch 60, § 2; SL 2010, ch 148, § 1.