Within thirty days from the date the summons described in § 21-35-9 is served, the defendant may demand a hearing in circuit court on the petitioner's right to take. Failure to make such demand or to 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 plaintiff, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
S.D. Codified Laws § 21-35-10.1
Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding
Applied in 8 court decisions — leading case Lewis & Clark Rural Water System, Inc. v. Seeba (2006)
Most recently applied in Mdu v. Parkshill Farms (December 2017)
Source: SL 1976, ch 157, § 1; SL 1977, ch 186.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.