Section 21-40-6 - Judgment referring to permanent landmarks--Judicial survey--Specifications forjudicial landmark. - South-dakota Statutes

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21-40-6. Judgment referring to permanent landmarks--Judicial survey--Specifications for judicial landmark. Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a competent surveyor to establish and mark such boundaries by means of a stone or concrete block containing at least one cubic foot and planted in the earth at least eighteen inches deep from the top thereof at the corners or boundaries of such lands, or if it is impossible or impracticable to place the same at the true and exact points where the same would otherwise be placed, then at the next nearest convenient point thereto with the course and distance from the true and exact point plainly marked thereon, and in accordance with the order or judgment and from which future surveys of the land and boundaries embraced therein and adjoining lands and boundaries shall be made. Such landmarks so established, located, and planted in the earth shall have distinctly cut and marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name of the surveyor who placed the same.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303.

State Codes and Statutes

Statutes > South-dakota > Title-21 > Chapter-40 > Statute-21-40-6

21-40-6. Judgment referring to permanent landmarks--Judicial survey--Specifications for judicial landmark. Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a competent surveyor to establish and mark such boundaries by means of a stone or concrete block containing at least one cubic foot and planted in the earth at least eighteen inches deep from the top thereof at the corners or boundaries of such lands, or if it is impossible or impracticable to place the same at the true and exact points where the same would otherwise be placed, then at the next nearest convenient point thereto with the course and distance from the true and exact point plainly marked thereon, and in accordance with the order or judgment and from which future surveys of the land and boundaries embraced therein and adjoining lands and boundaries shall be made. Such landmarks so established, located, and planted in the earth shall have distinctly cut and marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name of the surveyor who placed the same.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303.

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Statutes > South-dakota > Title-21 > Chapter-40 > Statute-21-40-6

21-40-6. Judgment referring to permanent landmarks--Judicial survey--Specifications for judicial landmark. Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a competent surveyor to establish and mark such boundaries by means of a stone or concrete block containing at least one cubic foot and planted in the earth at least eighteen inches deep from the top thereof at the corners or boundaries of such lands, or if it is impossible or impracticable to place the same at the true and exact points where the same would otherwise be placed, then at the next nearest convenient point thereto with the course and distance from the true and exact point plainly marked thereon, and in accordance with the order or judgment and from which future surveys of the land and boundaries embraced therein and adjoining lands and boundaries shall be made. Such landmarks so established, located, and planted in the earth shall have distinctly cut and marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name of the surveyor who placed the same.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303.