If a public highway proposed to be located is not more than one mile in length, the board of county commissioners shall proceed as provided in §§ 31-3-28 to 31-3-37, inclusive. However, the petition for the highway may be by but one or more petitioners and the board of county commissioners shall require the petitioner or petitioners for the highway to pay the damages assessed for the location of the highway.
SDCL 31-3-23