21-35-1 Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
Condemnors covered by chapter--Petition for ascertainment of compensation by
In all cases where any person, group, or corporation, public or private, including the owners of
water rights, ditches, flumes, reservoirs, and mining property under the provisions of the laws of
Congress, invested with the privilege of taking or damaging private property for public use, in
making, constructing, repairing, or using any work or improvement allowed by law, shall determine
to exercise such privilege, it shall file a petition in the circuit court for the county in which the
property to be taken or damaged is situated, praying that the just compensation to be made for such
property may be ascertained by a jury.
Source: SL 1891, ch 94, § 1; RCCivP 1903, § 863; RC 1919, § 2938; SDC 1939 & Supp 1960,