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Eminent Domain (South Dakota Codified Laws: Title 46 Water Rights; Chapter 46-8)

Country/Territory
United States of America
Territorial subdivision
South Dakota
Document type
Legislation
Date
2018
Source
FAO, FAOLEX
Subject
Water
Keyword
Expropriation Freshwater resources management Water abstraction Procedural matters Liability/compensation Court/tribunal Servitude Waterworks
Geographical area
Americas, Arctic, East Pacific, North America, North Atlantic
Abstract

This chapter of South Dakota Codified Laws concerns eminent domain. It provides that any person may exercise the right of eminent domain in the manner provided by law to acquire as a public use any property or other rights necessary for application of water to beneficial uses or to enlarge an existing structure for conveyance of water for use in common with an existing or former owner. Application of water to beneficial use is a public use, in the public interest and of benefit to the public. Further, it provides for the right of eminent domain for application or conveyance of water for beneficial use; limit on exercise of right of eminent domain; location of routes restricted; permission required for entry on land for surveys, and liability for damages; order of circuit court for entry on land; multiple water conduits prohibited where single conduit sufficient; plat of route for water conduit and certification and recording; right for location of route an easement; reasonable access to land; right to cross public or railroad right-of-way, and construction of bridges, culverts, or similar structures; and right to cross school and public lands, and notice to commissioner.

Full text
English
Website
sdlegislature.gov