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§ 45-4-17 Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property.

SD Codified L § 45-4-17 (2019) (N/A)
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45-4-17. Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property. The order specified in § 45-4-16 shall designate some competent surveyor not related to any of the parties to the suit nor in any way interested in the result of the suit to conduct the survey. Upon the application of the party adverse to the application, the court may also appoint some competent surveyor to be selected by the adverse applicant who shall attend the survey and observe the method of making the survey at the cost of the party asking for the survey. The order may specify the names of witnesses named by either party, not exceeding three on each side, who may enter into and examine the property.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 177.

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§ 45-4-18 Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.