Title 46A — WATER MANAGEMENT
28 chapters · 1,041 sections in this title.
Notice of equalization of benefits shall be by publication at least once a week for two consecutive weeks in a legal newspaper of the county, as designated by the board
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The notice shall describe each tract of land affected by the proposed project and shall state the names of its owners as appear in the tax records in the county treasurer's office. The notice shall list the proportion of benefits fixed for each tract of property, taking each part…
SDCL § 46A-11-1 Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice
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If an intrastate drainage project is established under the provisions of this chapter or chapter 46A-10A , the auditor of the county wherein such drainage project or portion thereof is situated shall file in the office of the register of deeds of the county a certified copy of th…
SDCL § 46A-11-10 Assessments as work progresses--One assessment sufficient where no damages are payable or damages have been paid with warrants
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If no damages are required to be paid before taking lands for a project or if damages have been paid by proceeds from the sale of warrants, only one assessment need be made. However, the board may make several assessments as work progresses. Source: SDC 1939, § 61.1011; SDCL, § 4…
SDCL § 46A-11-11 Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose
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If project contractors agree to take assessment certificates or warrants for their services, assessments need not be made until the completion of the work. At that time an assessment shall be made for the entire balance of cost of construction, including services of the board, su…
SDCL § 46A-11-12 Assessments paid to county treasurer--Distribution
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Assessments shall be paid to the county treasurer and assessment proceeds shall be remitted to the holders of assessment certificates upon order of the board for the particular project. Source: SDC 1939, § 61.1011; SDCL, § 46-21-12; SL 1985, ch 362 , § 109.
SDCL § 46A-11-13 Assessments for drainage, payment in installments--Agreement of taxpayer with county auditor--Assessment certificates, coupon form
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Any owner of any tract of land against which an assessment for drainage is made who, within thirty days after the making of the assessment, files with the county auditor an agreement in writing that he will pay the assessment with interest as fixed by the board shall be allowed t…
SDCL § 46A-11-14 Assessments for drainage, payment in installments--Time installments due--Penalty on delinquencies
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The first installment under an agreement filed pursuant to § 46A-11-13 shall be payable within ten days after a certified copy of the assessment has been filed in the office of the county treasurer. Subsequent installments shall be payable each year for one to nine years from the…
SDCL § 46A-11-15 Discharge of assessments for drainage--Land not discharged until bond issue paid
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Assessments may be paid in full at any time and full discharge given by the county treasurer to any landowner. However, if bonds have been issued, a payment of assessment may not operate as a discharge of the land from its liability in favor of the bonds until the entire principa…
SDCL § 46A-11-16 Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment
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Any assessment against lands described in § 46A-10A-56 for construction of a drainage project shall be certified by the county auditor of the county in which the project is located to the board or officer having charge of the lands. If sufficient funds are under control of the of…
SDCL § 46A-11-17 Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection
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If an assessment for drainage or installment has been made against any county, municipality, or township, the officers of the unit of government whose duty it is to levy taxes shall at the next annual tax levy make a levy for drainage purposes in an amount necessary to pay the as…
SDCL § 46A-11-18 Payment of drainage assessments against townships--Unorganized townships
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Any surplus remaining in any fund at the close of a fiscal year may be used by a township to pay and apply toward any drainage assessment. In unorganized townships, the board may pay for drainage from any money of the unorganized township. Each succeeding year a like levy shall b…
SDCL § 46A-11-19 Assessments for drainage--Enforcement by county treasurer, sale of property
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Assessments for drainage or installments shall be enforced by the county treasurer by sale of property at an annual tax sale. However, no late assessment or installment may be included in the sale for any year unless it was delinquent on or before August first of that year. Any p…
SDCL § 46A-11-2 Apportionment of benefits of proposed drainage project by board of county commissioners--Equalization of benefits, notice, publication, and posting
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After establishment of a project and fixing of damages, if any, the board shall determine the proportion of benefits of the proposed project among the lands affected and shall set a time and place for equalizing the benefits. The benefit determined for any tract of land shall be …
SDCL § 46A-11-20 Assessments upon land in other counties--Payment to treasurer of county in charge of drainage--Delinquent assessments
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Any assessment made by a board upon land in another county shall be paid to the county treasurer of the county having charge of the project. If the assessment becomes delinquent, the treasurer of the county having charge of the project shall certify the amount delinquent on any s…
SDCL § 46A-11-22 Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous assessments or penalties accrued for nonpayment
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Installments of any assessment which has been made under the provisions of this chapter, including those past due, if no delinquent assessments have been sold and no bonds issued, at the discretion of the board may be canceled and reassessed separately or together with any furthe…
SDCL § 46A-11-23 Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds
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If the board determines that the estimated cost of a proposed project is greater than should be levied in a single year upon the lands benefited, it may fix the amount to be levied and collected each year and by resolution provide for issuance of bonds in an amount not to exceed …
SDCL § 46A-11-24 Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against lands
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Bonds issued pursuant to § 46A-11-23 shall be signed by the chairman of the board and the auditor, shall be issued for the benefit of the particular drainage district, and shall be numbered, recorded, and indexed in the office of the county auditor. The board shall negotiate the …
SDCL § 46A-11-25 Drainage bonds--County not liable for payment--Payment from assessments
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No county may be liable for payment of any bonds issued under this chapter. The bonds shall be paid from funds derived from assessments under this chapter. Source: SDC 1939, § 61.1024; SDCL, § 46-21-25; SL 1985, ch 362 , § 122.
SDCL § 46A-11-26 Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing
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Assessments are payable to the treasurer of the county in which assessed land is situated. Bonds may be issued by jointly acting boards and payable from assessments for the project. The bonds shall be signed by the chairman of each board, countersigned by the auditor of each coun…
SDCL § 46A-11-27 Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to county treasurer--Money collected by county treasurer on assessments to be paid to bondholders
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If the cost of a proposed project exceeds the preconstruction estimate, a new apportionment of assessments may be made and additional bonds issued and sold in like manner. If the proceeds of the assessments are insufficient to pay the principal and interest of bonds sold pursuant…
SDCL § 46A-11-28 Separate accounts for drainage projects
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Separate accounts shall be kept by the treasurer for each drainage project and no funds for one drainage project may be applied to any other project. Source: SDC 1939, § 61.1024; SDCL, § 46-21-28; SL 1985, ch 362 , § 125.
SDCL § 46A-11-29 Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized
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The board of any county having outstanding drainage bonds issued under the provisions of this chapter may extend unpaid installments of assessments for such project and issue and sell drainage refunding bonds as provided in §§ 46A-11-30 to 46A-11-34 , inclusive. Source: SDC 1939,…
SDCL § 46A-11-3 Matters considered in fixing and equalizing benefits
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Benefits which any county, municipality, township, railroad company, corporation, or other property owner may obtain for its property by construction of the project shall be fixed and equalized together with the proportion of benefits to tracts of land. Benefits shall accrue dire…
SDCL § 46A-11-30 Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice
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If there is filed with the county auditor a petition signed by owners of not less than fifty - one percent of the real property assessed for a project, which petition identifies the project and states that owners of land assessed for the project have defaulted in payment of one o…
SDCL § 46A-11-31 Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board
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At the time and place specified in a notice under § 46A-11-30 , the board shall consider the petition. If the board determines that the petition is proper and required notice has been given, it has jurisdiction to hear and decide the matter. The board may adjourn the hearing from…
SDCL § 46A-11-32 Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal
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Any person aggrieved by an order issued under § 46A-11-31 may appeal the order to the circuit court for the county within the time and in the manner provided by this chapter and chapter 46A-10A . On appeal, the right, power, and authority of the board to make the order and the ne…
SDCL § 46A-11-33 Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing
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If a board issues an order extending the time for payment of installments of assessments, or if all assessments not extended have been collected or become delinquent, the board may refund outstanding bonds, warrants, or certificates on account of any project, which may then be du…
SDCL § 46A-11-34 Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection
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Not later than its October meeting each year, the board shall calculate the funding required during the ensuing year to pay principal and interest on outstanding bonds on account of any projects for which assessments have been extended and the funding realized from assessments le…
SDCL § 46A-11-36 Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter
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If proceedings have been held for establishment of a ditch, drain, levee, or straightening or enlarging of a natural watercourse under prior law, if the project has been established, constructed, and assessments made therefor, and if the assessment cannot be enforced, the board s…
SDCL § 46A-11-37 Abandonment and abolition of drainage--Assessments and liens not affected
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Abandonment or abolishment of any drainage project and its works may not affect the obligation or validity of any assessments made against any of the lands involved or a lien for such assessments. Source: SL 1939, ch 290 , § 6; SDC Supp 1960, § 61.1052; SDCL, § 46-21-37; SL 1985,…
SDCL § 46A-11-38 Refunding excess assessments
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The board shall refund, upon request, any excess assessment not used in construction of any project to any person, corporation, municipality, or township within a drainage project, in proportion to the amount paid. Source: SDC 1939, § 61.1043; SDCL, § 46-21-38; SL 1985, ch 362 , …
SDCL § 46A-11-4 Hearing on equalization of benefits--Determination by board--Revision procedure
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After a hearing on equalization of benefits, the board shall equalize and fix benefits, subject to revision, if necessary. If revision is necessary, notice and procedure shall be as required by § 46A-11-2 for equalization and fixing of benefits. If any moneys have been paid under…
SDCL § 46A-11-5 Assessment by board--Cost of establishment
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After equalization of benefits, the board may make an assessment against each tract and property affected, in proportion to the benefits as equalized, to pay damages and project costs incurred. Costs shall include expenses of the board, surveyors and assistants, plans and profile…
SDCL § 46A-11-6 Assessment--Certified copy filed with county treasurer--Notice
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Thirty days after an assessment is made, a copy certified by the county auditor shall be filed by him with the county treasurer. However, before it is filed, the board shall give notice of the time of filing, by publication at least once in each week for two consecutive weeks in …
SDCL § 46A-11-7 Assessment due and payable from time of filing of certified copy--Lien--Penalty and interest on delinquencies--Payment--Distribution
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An assessment is due from the time a certified copy is filed in the treasurer's office. Perpetual liens shall attach against assessed tracts, except those owned by the state and the United States, and, if an assessment is not paid within thirty days, a penalty of five percent sha…
SDCL § 46A-11-8 Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement
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A board may issue separate assessment certificates against each tract assessed for the amount of its assessment and may sell them at not less than par value with accrued interest or may contract to pay for construction of the project with assessment certificates or with warrants.…
SDCL § 46A-11-9 Assessments for further costs of construction
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After damages arising from establishment and construction of a project are paid and lands for the drainage are taken, assessments may be made for further costs of construction. Source: SDC 1939, § 61.1011; SDCL, § 46-21-9; SL 1985, ch 362 , § 106.