{"data":{"id":"us-sd/sdcl-31-19-10.1","jurisdiction":"us-sd","citation":"SDCL § 31-19-10.1","heading":"Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.","body":"Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26, a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.","path":["TITLE 31. HIGHWAYS AND BRIDGES","CHAPTER 31-19. ACQUISITION OF LAND AND MATERIALS FOR HIGHWAY PURPOSES"],"source_url":"https://sdlegislature.gov/Statutes/31-19-10.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"be56830cb761b5e858403b4e78e170ff0aa0d9bff2a1307ff0b214f39e93b26c","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-31-19-10","next":"us-sd/sdcl-31-19-11"},"notice":"GroundRules: Original legal text. Not legal advice."}