Section 45-5-11 - Right to use of right-of-way pending appeal. - South Dakota Statutes

45-5-11. Right to use of right-of-way pending appeal. The prosecution of any appeal shall not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in § 45-5-6, provided that the respondent shall file with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant whatever amount he may recover in the action, not exceeding the amount of such bond.

Source: SL 1881, ch 97, § 11; CL 1887, § 2026; RPolC 1903, § 2560; RC 1919, § 8754; SDC 1939, § 42.0210.