Upon the day set for such visit to such land for the purpose of laying out such right-of-way and appraising the damages to the owner of the surrounding land therefor, the county commissioners shall proceed to the place named, shall lay out a right-of-way not less than twenty-five nor more than sixty-five feet in width from such isolated tract of land across surrounding lands to a public highway, and in so doing shall consider the convenience of the parties. Wherever it is practicable to do so, such board shall lay such right-of-way along a section line or the line of a government fractional subdivision of a section.
S.D. Codified Laws § 31-22-3
Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision
Applied in 1 court decision — leading case Frawley Ranches, Inc. v. Lasher (1978)
Most recently applied in Frawley Ranches, Inc. v. Lasher (September 1978)
Source: SL 1935, ch 179, § 3; SDC 1939, § 28.0803; SL 1977, ch 243.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.