§ 49-16a-54

49-16A-54. Liability for damages from change--Time for damage claim--Notice--Nonresidents.A railroad is liable in damages, for injury which may have been caused by a change made pursuant to §49-16A-53, to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation. Source: SDC 1939, §52.0807; SDCL, §49-19-21; SL 1980, ch 322, §53.