South Dakota § 31-22-5 Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.

South Dakota Statutes

§ 31-22-5 — Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.

South Dakota § 31-22-5

Title 31HIGHWAYS AND BRIDGES

Ch. 31-22CONDEMNATION OF EASEMENTS FOR ISOLATED TRACTS

This text of South Dakota § 31-22-5 (Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.) 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 § 31-22-5 (2026).

Text

The owner of the land over which such right - of - way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.

Free access — add to your briefcase to read the full text and ask questions with AI

The owner of the land over which such right - of - way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.