State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-05 > Statute-45-5-4

45-5-4. Hearing upon petition for right-of-way--Award to petitioner--Commissioners to assess damages, appointment. Upon the return day of the order or upon any day to which the hearing shall be adjourned the judge shall proceed to hear the allegations and proofs of the respective parties; and if upon such hearing he is satisfied that the claim of the petitioner should be worked by means of the privilege prayed for, he shall make an order adjudging and awarding to the petitioner such right-of-way, and shall appoint three commissioners who shall be disinterested residents of the county to assess the damage resulting to the lands or claims affected by such order.

Source: SL 1881, ch 97, § 5; CL 1887, § 2020; RPolC 1903, § 2554; RC 1919, § 8748; SDC 1939, § 42.0204.