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. If a mine or mining claim patented under the laws of the United States or held under the local laws and customs of this state is so situated that it cannot […]
45-5-10. Appeal from assessment of damages–Limited to amount of damages–Jury trial. Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases. Source: SL 1881, ch 97, §10; CL 1887, §2025; […]
45-5-11. Bond pending appeal. The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in §45-5-6, if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in […]
45-5-12. Costs of appeal. If the appellant recovers fifty dollars more damages than the commissioners have awarded or if the respondent offers to allow judgment against the respondent to be taken, the respondent shall pay the costs of the appeal; otherwise the appellant shall pay the costs. Source: SL 1881, ch 97, §12; CL 1887, […]
45-5-13. Costs and expenses under chapter to be paid by party making application. The costs and expenses under the provisions of this chapter, except as otherwise provided in this chapter, shall be paid by the party making the application. Source: SL 1881, ch 97, §13; CL 1887, §2028; RPolC 1903, §2562; RC 1919, §8756; SDC […]
45-5-14. Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed. If the applicant, before the commencement of the proceeding, has tendered to the parties owning or occupying the lands or mining claims a sum equal to or more than the amount of damages assessed by the commissioners, all […]
45-5-2. Petition for right-of-way–Filing with clerk of circuit court–Verification–Contents–Demand for relief. If, in order to enable the owner of a mining claim to successfully and conveniently work the claim, it is necessary that the owner have a right-of-way for any of the purposes set forth in §45-5-1, and if such a right-of-way has not been […]
45-5-3. Order to show cause–Service–Time for hearing. Upon the filing of a petition with the clerk of the court pursuant to §45-5-2, the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, […]
45-5-4. Hearing on petition–Award of right-of-way–Appointment of commissioners to assess damages. Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the […]
45-5-5. Assessment of damages by commissioners. The commissioners appointed pursuant to §45-5-4 shall be sworn or affirmed to discharge their duties faithfully and impartially. They shall proceed without unreasonable delay to examine the premises, shall assess the damage resulting from the right or privilege requested, and shall report the amount to the judge appointing them. […]
45-5-6. Payment or tender of damages–Use of right-of-way. Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and […]
45-5-7. Report of commissioners may be set aside. For good cause the judge may set aside the report of such commissioners and appoint three other commissioners whose duties shall be the same as provided in §45-5-5. Source: SL 1881, ch 97, §7; CL 1887, §2022; RPolC 1903, §2556; RC 1919, §8750; SDC 1939, §42.0206.
45-5-8. Appeals from assessment of damages–Time for taking–Service of notice upon respondent. Appeals from any assessment of such commissioners may be taken and prosecuted in the proper circuit court by any party interested at any time within ten days after written notice of the filing of the report of the commissioners, and a written notice […]
45-5-9. Appeal bond–Approval of sureties–Amount–Conditions. The appellant shall file with the clerk of the court to which the appeal is taken a bond with sureties to be approved by the clerk in the amount of the assessment appealed from, conditioned that the appellant will pay any costs that may be awarded to the respondent and […]
