South Dakota § 1-16H-31.3 - Declaration of taking--Contents.

Full text of South Dakota South Dakota Codified Laws § 1-16H-31.3 — Declaration of taking--Contents., with citation guidance and answers to common questions.

§ 1-16H-31.3. Declaration of taking--Contents.

In any proceeding initiated under this chapter and chapter 21-35, the authority may, at any time before final judicial determination of the rights of the parties, file a declaration of taking, signed by the authority, declaring the extent of the subsurface property interest taken for the use of the authority.

The declaration of taking shall contain:

(1)    A statement of the authority under which and the use for which the subsurface property interest is taken;

(2)    A description of the subsurface property interest taken sufficient for identification thereof;

(3)    A legal description of the subsurface property subject to or affected by the taking;

(4)    The names of the owners of the property or persons in interest in the subsurface property, and a description of the interest claimed by each, as are known;

(5)    A statement of the sum of money estimated by the authority to be just compensation for the subsurface property interest taken and damaged; and

(6)    A detailed appraisal upon which the amount of the authority's estimate is based.

Source: SL 2005, ch 12, § 3.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 1-16H-31.3

What does South Dakota Codified Laws § 1-16H-31.3 cover?

Section 1-16H-31.3 ("Declaration of taking--Contents.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 1-16H-31.3?

A common citation format is "South Dakota Codified Laws § 1-16H-31.3" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 1-16H-31.3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.