No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to § 31-29-83. A violation of this section is a Class 2 misdemeanor.
S.D. Codified Laws § 31-8-16
Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor
Applied in 1 court decision — leading case 335 F. Supp. 2d 1009 - Jacobsen v. Howard (2004)
Most recently applied in 335 F. Supp. 2d 1009 - Jacobsen v. Howard (August 2004)
Source: SL 1959, ch 141; SDC Supp 1960, §§ 28.09A10, 28.9921; SL 1963, ch 165; SDCL § 31-8-17; SL 1984, ch 211, § 1; SL 1986, ch 237, § 1; SL 1989, ch 21, § 151; SL 2010, ch 145…
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.