31-19-10.1. Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.
106 words·~1 min read·
/sd/title-31/chapter-31-19/31-19-10-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Within thirty days of the service of summons provided in § 31-19-7 or service of the declaration of taking provided in § 31-19-26 , a defendant may demand a hearing in circuit court on the issue of the necessity of acquiring the property. Failure to make such demand or consent in writing to the taking, within the thirty - day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the South Dakota Transportation Commission or by a municipality, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.