South Dakota § 31-19-23 - Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

§ 31-19-23. Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

In any proceeding in any court of the State of South Dakota which has been or may be instituted by and in the name of and under the authority of the State of South Dakota through its Department of Transportation, or by a municipality, pursuant to a resolution of necessity for the acquisition of any land or easement or right-of-way in land for the public use, pursuant to §§ 31-19-1 to 31-19-20, inclusive, or pursuant to § 9-12-1 or 9-27-1 and chapter 21-35, the petitioner may file in the cause, with the petition or any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the secretary of transportation or by the mayor of a municipality, declaring that the lands are thereby taken for the use of the State of South Dakota or by the municipality. The proceedings as provided under this chapter may be utilized by a municipality only if it is acquiring land, or an easement, or a right-of-way for streets or roadways, or uses directly associated to streets or roadways. The declaration of taking shall contain or have annexed thereto:

(1)    A statement of the authority under which, and the public use for which, said lands are taken;

(2)    A description of the lands taken sufficient for the identification thereof;

(3)    A statement of the estate or interest in said lands taken for said public use;

(4)    Name of owner of the property or persons in interest, as are known;

(5)    A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken and damaged;

(6)    Any prior written memoranda or agreement, right-of-way plans and specifications for the proposed highway, setting forth in detail the access roads, underpasses, overpasses, drainage facilities, and other features as pertain to the adjacent landowner's access to, and means of crossing over and under the proposed highway, together with a description of any additional factors which the state or municipality intends to rely upon in mitigation of damages. Any substantial deviation by the department of transportation or municipality from the written memoranda or agreement, plans and descriptions so filed which amounts to an additional taking or damage, shall entitle the affected landowner to proceed against the state or municipality for additional compensation;

(7)    A detailed appraisal upon which the amount of the state's or municipality's deposit is based.

Source: SL 1963, ch 195, § 1; SL 1990, ch 226, § 2.