Section 45-5-3 - Petition for right-of-way--Proceedings upon filing--Notice to show cause. - South Dakota Statutes

45-5-3. Petition for right-of-way--Proceedings upon filing--Notice to show cause. Upon the filing of such petition with the clerk of such court, the judge shall direct an order to issue to the owners named in the petition of mining claims and lands to be affected by the proceeding, directing each of them to appear before the judge on a day therein named, which shall not be less than ten days from the service thereof and show cause why such right-of-way should not be allowed as prayed for. Such order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.

Source: SL 1881, ch 97, § 4; CL 1887, § 2019; RPolC 1903, § 2553; RC 1919, § 8747; SDC 1939, § 42.0203.