An Act to revise the process to vacate a part of certain highways.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 31-3-6 be AMENDED.

31-3-6. Counties and townships--Authority to vacate, change, or locate highway--Petition--Contents of petition.

Upon receiving the a petition of to vacate, change, or locate a highway that is signed by two or more voters of an organized civil township or of the number of voters equal to or greater than one percent of the ballots cast for the last gubernatorial election in the affected county, or a petition to vacate a part of a highway that is signed by at least two-thirds of the owners of the property adjoining the part of a highway that is proposed to be vacated, the board of supervisors of the township or the board of county commissioners wherein the highway is located or is proposed to be located may, except as provided in §§ 31-3-12 and 31-3-44, vacate, change, or locate any highway located or to be used within the township or county, take the action proposed in the petition if the public interest will be better served by the proposed vacating, changing, or locating of the highway action. The petition of the voters shall set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated, together with the names of the owners of the land through which the highway may pass.

The board of supervisors or the board of county commissioners may, at any time by ordinance, vacate, change, or locate any highway that is located or proposed to be located in the township or county if it serves the public interest.