SDLRC - 2021 Senate Bill 136 - SD Legislature change the criteria for a petition to vacate a highway.

ENTITLED An Act to change the criteria for a petition to vacate a highway.

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

Section 1. That   31-3-6 be AMENDED.

31-3-6. Petition to locate, change, or vacate a highway.

Upon receiving a petition signed by two or more voters of an organized civil township, the board of supervisors, having jurisdiction, shall provide for a public hearing, as required by   31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in     31-3-12 and 31-3-44, vacate, change, or locate a highway in the township, if the public interest will be better served by the action.

Upon receiving a petition signed by voters of the county, at least equal in number to one percent of those who cast ballots in the county during the last gubernatorial election, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by   31-3-7, and after consideration of all information, opinions, and arguments presented, may, except as provided in     31-3-12 and 31-3-44, vacate, change, or locate a highway in the county, if the public interest will be better served by the action.

Upon receiving a petition signed by two thirds of the adjacent landowners or all adjacent landowners if there are fewer than three, the board of county commissioners, having jurisdiction, shall provide for a public hearing, as required by   31-3-7, and after consideration of all information, opinions, and arguments presented, may vacate the highway, if the public interest will be better served by the action.

The petition must set forth the beginning, course, and termination of the highway proposed to be located, changed, or vacated and, if applicable, the name of each person owning the land through which the proposed highway may pass.

An Act to change the criteria for a petition to vacate a highway.

I certify that the attached Act originated in the: Senate as Bill No. 136 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 136 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2021 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2021 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2021 at _________ o'clock __M. Secretary of State By Asst. Secretary of State