Section 31-22-5 - Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.
31-22-5. Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs. The owner of the land over which such right-of-way is laid may appeal from the decision and assessment of damages by such county commissioners to the circuit court for the county where such land or some part thereof is located, and upon such appeal the trial shall be de novo. Such appeal shall be taken within the time and in the manner as other appeals from the board of county commissioners, but the appellant shall not recover costs upon such appeals unless he is awarded judgment for a greater sum than the sum awarded by such board of county commissioners.
Source: SL 1935, ch 179, § 6; SDC 1939, § 28.0807.