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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 45-5-4: Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.

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Where this section sits in the code
  1. TITLE 45. MINING, OIL AND GAS
  2. CHAPTER 45-5. RIGHT-OF-WAY TO MINES

Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the petitioner should be worked by means of the privilege requested, the judge shall make an order adjudging and awarding to the petitioner the 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 the order.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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