Section 31-32-15 – Unlawful use of right-of-way as public nuisance.
31-32-15. Unlawful use of right-of-way as public nuisance. The conducting of an establishment or maintaining of a business in violation of §31-32-13 constitutes a public nuisance and the department may bring an action to abate the nuisance or may fence the right-of-way of the state trunk highway to prevent the unlawful use. Source: SL 1941, […]
Section 31-32-16 – Objects likely to fall on highway as public nuisance.
31-32-16. Objects likely to fall on highway as public nuisance. Any tree, structure, or other object, that, because of its location and because of its age, infirmity, angle of stance, or other condition, is likely to fall, in whole or in part, upon any public highway within the State of South Dakota, so that any […]
Section 31-32-17 – Negotiation with owner for abatement of nuisance.
31-32-17. Negotiation with owner for abatement of nuisance. If it appears to the satisfaction of any department, board, or governing body charged with the duty of the maintenance of any highway in this state, that a nuisance as defined by §31-32-16 exists along any highway in respect to which highway the department, board, or governing […]
Section 31-32-18 – Failure of owner to abate nuisance–Civil action–Cost charged against owner.
31-32-18. Failure of owner to abate nuisance–Civil action–Cost charged against owner. If the owner of the property referred to in §31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the […]
Section 31-32-9 – Duty of governing body to remove obstructions or repair–Recovery of expense from wrongdoer–Temporary obstruction for building purposes.
31-32-9. Duty of governing body to remove obstructions or repair–Recovery of expense from wrongdoer–Temporary obstruction for building purposes. The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in the street, road, or highway, to be removed, or in the event that the […]
Section 31-32-10 – Duty of governing body to give notice of dangerous road–Time for notice–Guards–Guards along abandoned roadway–Violation as petty offense.
31-32-10. Duty of governing body to give notice of dangerous road–Time for notice–Guards–Guards along abandoned roadway–Violation as petty offense. If any highway, culvert, or bridge is damaged by flood, fire or other cause, to the extent that it endangers the safety of public travel, the governing body responsible for the maintenance of such highway, culvert, […]
Section 31-32-12 – Bridges over ditches and canals excepted from notice requirements.
31-32-12. Bridges over ditches and canals excepted from notice requirements. Nothing in § 31-32-10 may be construed as imposing any liability upon the county for any injury sustained by reason of any violation of §46-8-16 relating to bridges over ditches and canals. Source: SDC 1939, §28.0913 as added by SL 1951, ch 140; SL 2021, […]
Section 31-32-13 – Business requiring use of highway by customers as misdemeanor–Exceptions.
31-32-13. Business requiring use of highway by customers as misdemeanor–Exceptions. It is a Class 2 misdemeanor for any person to conduct an establishment or maintain a business the nature of which requires the use by patrons or customers of any part of the right-of-way of a state trunk highway while the patron or customer is […]
Section 31-32-14 – Approved ingress and egress excepted from highway use restriction.
31-32-14. Approved ingress and egress excepted from highway use restriction. The provisions of §31-32-13 do not, in any way, interfere with the rights of any person to use such means of ingress or egress to a place of business as are approved as to safety and design by the Department of Transportation and as are […]
Section 31-32-4 – Intentional destruction of tollhouse or turnpike gate–Felony.
31-32-4. Intentional destruction of tollhouse or turnpike gate–Felony. Every person who intentionally injures or destroys any tollhouse or turnpike gate is guilty of a Class 6 felony. Source: PenC 1877, §688; CL 1887, §6877; RPenC 1903, §706; RC 1919, §4310; SDC 1939, §13.4517.