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  2. U.S. State Codes
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  4. South-Dakota
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  6. Title 45 - Mining, Oil and Gas
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  8. Chapter 05 - Right-Of-Way To Mines


Chapter 05 - Right-Of-Way To Mines


  • § 45-5-1 Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.
  • § 45-5-2 Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
  • § 45-5-3 Order to show cause--Service--Time for hearing.
  • § 45-5-4 Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.
  • § 45-5-5 Assessment of damages by commissioners.
  • § 45-5-6 Payment or tender of damages--Use of right-of-way.
  • § 45-5-7 Report of commissioners may be set aside.
  • § 45-5-8 Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
  • § 45-5-9 Appeal bond--Approval of sureties--Amount--Conditions.
  • § 45-5-10 Appeal from assessment of damages--Limited to amount of damages--Jury trial.
  • § 45-5-11 Bond pending appeal.
  • § 45-5-12 Costs of appeal.
  • § 45-5-13 Costs and expenses under chapter to be paid by party making application.
  • § 45-5-14 Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.
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