An Act to modify provisions regarding the process to vacate certain highways.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 31-18:

After a county or township vacates, changes, or relocates a section-line highway, the commissioner of school and public lands must review the petition to vacate, change, or relocate the highway to ensure compliance with the requirements in   31-3-6.1. Any petition submitted for review must include a legal description of the location of the section-line highway and a description of the action taken. If the commissioner finds the petition complies with   31-3-6.1, the county or township shall file the petition in accordance with state law. The petition must include an attached statement from the commissioner stating compliance with   31-3-6.3. If the commissioner finds after review that the petition does not comply with   31-3-6.1, the petition must be declared void ab initio. If the commissioner finds the petition is void ab initio, the commissioner shall notify the county or township. The commissioner shall have seven days from receipt of the petition to review the petition for compliance. The commissioner shall create a form to be attached to the petition.

Any adverse decision by the commissioner may be appealed to the circuit court.