South Dakota Codified Laws > Title 31 > Chapter 21 – Highway Drainage Ditches


§ 31-21-1	Affidavit that ditch should be opened–Contents of affidavit–Notice of meeting of boardof county commissioners–Examination of premises
§ 31-21-2	Form of notice
§ 31-21-3	Filing of notice and affidavit–Service on landowner–Nonresident landowners
§ 31-21-4	Return of service–Nonresident landowners–Publication of notice–Posting of notice–Time of publication or posting
§ 31-21-5	Examination of land–Hearing reasons for and against ditch–Decision–Assessment ofdamages in favor of landowner
§ 31-21-6	Benefits to landowner as factor in fixing damages–Fixing damages by agreement–Writingand filing agreement–Agreement as conclusive
§ 31-21-7	Laying out and opening ditch–Statement respecting decisions and damages–Filing ofstatement–Record kept by county auditor
§ 31-21-8	Payment to landowner before opening of ditch
§ 31-21-9	Appeal from decision to open ditch–Procedure applicable
§ 31-21-10	Failure to appeal–Time decision becomes final–Opening of ditch–Landowner’sinstructions as to line of ditch
§ 31-21-11	Entry upon land for maintenance of ditch
§ 31-21-12	Civil liability for obstruction of ditch

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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.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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}
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