§ 31-25-7 — Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.

South Dakota § 31-25-7

• Jurisdiction: South Dakota
• Title 31: HIGHWAYS AND BRIDGES
• Ch. 31-25: FENCES, CATTLE WAYS AND LIVESTOCK GUARDS

Text

Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty days after the decision of such governing body, appeal to the circuit court for the county wherein such governing body is situated. Such appeal shall be in writing, and signed by the person feeling aggrieved or by his attorney. Upon the serving of such appeal and the filing of the same with the clerk of the circuit court, the same may be brought on for trial de novo in said circuit court upon ten days' notice. The circuit court shall hear all relevant evidence and shall make and enter such findings, conclusions, and judgment as it deems proper.

Legislative History

SL 1959, ch 140, § 3; SDC Supp 1960, § 28.09