South Dakota Code § 31-8-16

Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor
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No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to §
31-29-83
. A violation of this section is a Class 2 misdemeanor.

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