If the State of South Dakota through its Department of Transportation or a municipality elects to utilize the procedures set forth in §§ 31-19-23 to 31-19-27, inclusive, for possession of property, the petitioner shall deposit with the court the money required by § 31-19-24 as a condition to the exercise of such power. In such cases, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the board's right to take as provided in § 31-19-10.1.
S.D. Codified Laws § 31-19-28
Court deposit of money required for taking--Expediting distribution of money
Applied in 2 court decisions — leading case City of Sioux Falls v. Johnson (2001)
Most recently applied in City of Sioux Falls v. Johnson Properties (November 2025)
Source: SL 1963, ch 195, § 3; SL 1976, ch 184, § 6; SL 1990, ch 226, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.