State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
|339U0509||HOUSE TRANSPORTATION ENGROSSED NO. SB 151 - 02/19/2013|
Introduced by: Senators Vehle, Frerichs, Krebs, Lucas, Monroe, Van Gerpen, and White and Representatives Verchio, Bartling, Feickert, Hickey, Peterson, Rounds, Rozum, and Tulson
or. Nor is the highway authority prevented from purchasing or condemning more
right-of-way on one side of the section line than on the other, provided they deem if it is deemed
necessary so to do in order to provide a better highway, to avoid destruction of trees or valuable
buildings, or to avoid unsuitable terrain.
Section 3. That § 31-18-3 be amended to read as follows:
31-18-3. The board of county commissioners may vacate or change the location of any section-line highway right-of-way under its jurisdiction and the board of supervisors of an organized township may vacate or change the location of any section-line highway right-of-way under its jurisdiction, as provided in this title, but neither board may vacate or change any portion of the state trunk highway system or any highway constructed by state or federal aid or any highway within the limits of a municipal corporation. Also, a board of supervisors may not vacate or change any portion of the county highway system, nor may a board of county commissioners vacate or change any portion of the township road system. In addition, no board of county commissioners or board of supervisors may vacate a section-line highway right-of-way which provides access to public lands. This section does not prohibit the closing of a section-line highway to vehicular traffic if the highway is unsafe for vehicular traffic.
Section 4. That § 31-18-4 be amended to read as follows:
31-18-4. The apportionment, division, or survey of
lands any land acquired by reliction ,
either by the owner or owners of such lands, or by virtue of the judgment of any court, pursuant
to the provisions of this code, shall do not in any manner operate as an abandonment or vacation
of any legal highway right-of-way along or across any such lands, and all land. Any section-line
highways highway right-of-way along or across any such lands land shall continue to be a public
highways highway right-of-way until changed or vacated in the manner provided by law.
Section 5. That § 31-13-1 be amended to read as follows:
Section 8. Nothing in chapters 31-13 and 31-18 precludes any gas utility or electric utility as defined in chapter 49-34A, consumer power district, municipal utility, rural electric, telecommunications company, or entity created by chapter 34A-5, 46A-3A, or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural consumers from constructing, maintaining, or operating any facility along, upon, or under publicly owned land including any road, highway, right-of-way, street, alley, bridge, or causeway.