As soon as a road is constructed over such school and public lands, proven to the satisfaction of the Governor, and upon paying the full value of the lands taken, such value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right of way, to the railroad constructing the road, the right to hold and use the lands for purposes authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office.
SDCL 49-16A-60