§ 21-35-1 Condemnors covered by chapter–Petition for ascertainment of compensation by jury
§ 21-35-1.1 Trans-state transmission line construction–Eminent domain
§ 21-35-2 Contents of petition for ascertainment of compensation
§ 21-35-3 Amendment of petition and notice
§ 21-35-4 Verification of petition–Statement of good faith
§ 21-35-5 Attachment of document authorizing condemnation
§ 21-35-6 Additional pleadings not required
§ 21-35-7 Interpleader of adverse claimants to compensation
§ 21-35-8 Notice of pendency of action filed with register of deeds–Effect of recording
§ 21-35-9 Summons to defendants–Contents
§ 21-35-10 Publication of summons to unknown or nonresident owners–Personal service outsidestate
§ 21-35-10.1 Hearing on right to take–Time for demand–Waiver of right to question necessity–Finding of necessity as binding
§ 21-35-11 Offer to deposit compensation with clerk–Evidence of offer not admissible–Costsavoided
§ 21-35-11.1 Mediation
§ 21-35-12 Order to summon jury on default
§ 21-35-13 Special term of court for jury trial–Challenge of jurors–Conduct of trial–Default byplaintiff
§ 21-35-14 Continuance of proceedings as to defendants not served
§ 21-35-15 Issue tried by jury
§ 21-35-16 View of premises by jury
§ 21-35-17 Benefits of municipal improvement considered by jury
§ 21-35-18 Compensation determined for each parcel
§ 21-35-19 Recording of verdict–Judgment on verdict
§ 21-35-20 Appeal to Supreme Court–Improvement not delayed–Security for payment of award
§ 21-35-21 Highway provisions not affected–Proceeding cumulative
§ 21-35-22 Defendant’s expenses paid by plaintiff on dismissal
§ 21-35-23 Allowance of expenses where judgment greatly exceeds offer
§ 21-35-24 Railroad or gas or electric utility property condemned for coal pipelines–Declarationof taking–Contents
§ 21-35-25 Vesting of title to property and right to compensation
§ 21-35-26 Terms of surrender of possession–Notice–Hearing–Orders of court
§ 21-35-27 Service of declaration of taking on defendants
§ 21-35-28 Amendment of declaration of taking
§ 21-35-29 Deposit with court required
§ 21-35-30 Order for payment from deposit–Judgment for amount by which final award exceedsdeposit
§ 21-35-31 Entry on private property for examination and survey of project requiring sitingpermit from Public Utilities Commission
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 35 - Condemnation Under Power of Eminent Domain

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2