45-5-6. Use of right-of-way--Payment or tender of damages assessed. Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender thereof to them, the person petitioning shall be entitled to the right-of-way prayed for in his petition and may immediately proceed to occupy the same and to erect thereon such work and structures and make thereon such excavations as may be necessary to the use and enjoyment of the right-of-way so awarded.
Source: SL 1881, ch 97, § 8; CL 1887, § 2023; RPolC 1903, § 2557; RC 1919, § 8751; SDC 1939, § 42.0207.