South Dakota § 31-19-65 - Functional replacement of real property in public ownership.
Full text of South Dakota South Dakota Codified Laws § 31-19-65 — Functional replacement of real property in public ownership., with citation guidance and answers to common questions.
§ 31-19-65. Functional replacement of real property in public ownership.
The Department of Transportation may, pursuant to state law, incur costs for the functional replacement of real property in public ownership. For the purpose of this section, functional replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.
Application of this law requires that:
(1) The property to be functionally replaced is in public ownership and its replacement is in the public interest;
(2) The owning agency desiring the functional replacement submits a formal request to the Department of Transportation to take such action;
(3) The current fair market value of the land or facility, or both, to be acquired for highway purposes is determined by appraisal; and
(4) Replacement sites and construction are in compliance with existing codes, laws, and zoning regulations for the area in which the facility will be relocated.
Source: SL 1991, ch 234, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 31-19-65
What does South Dakota Codified Laws § 31-19-65 cover?
Section 31-19-65 ("Functional replacement of real property in public ownership.") 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 § 31-19-65?
A common citation format is "South Dakota Codified Laws § 31-19-65" (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 § 31-19-65 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.