No public highway shall be opened, worked, or used until the damages assessed therefor shall be paid to the persons entitled thereto or deposited in the county treasury for their use, or they shall give their consent thereto in writing filed with the county auditor.
S.D. Codified Laws § 31-3-5
Damages assessed--Payment before use of road
Applied in 2 court decisions — leading case Brown v. Board of County Commissioners for Pennington County (1988)
Most recently applied in Brown v. PENNINGTON CTY. BD. OF COM'RS (April 1988)
Source: SL 1867-8, ch 13, § 25; PolC 1877, ch 29, § 28; CL 1887, § 1216; RPolC 1903, § 1621; RC 1919, § 8620; SDC 1939, § 28.0114.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.