reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10A-70 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-70 - Permissible drainage of land.

46A-10A-70. Permissible drainage of land.Subject to any official controls pursuant to this chapter and chapter 46A-11, owners of land may drain the land in the general course of natural drainage by constructing open or covered drains and discharging the water into any natural watercourse, into any established watercourse, or into any natural depression whereby the water will be carried into a natural watercourse, into an established watercourse, or into a drain on a public highway, conditioned on consent of the board having supervision of the highway. If such drainage is wholly upon an owner's land, the owner is not liable in damages to any person. Nothing in this section affects the rights or liabilities of landowners in respect to running waters or streams. Source: SL 1985, ch 362, §71; SL 2011, ch 165, §500.
SD Codified L § 46A-10A-71 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-71 - Drains along or across highways.

46A-10A-71. Drains along or across highways.Subject to any official controls pursuant to this chapter and chapter 46A-11, drains may be laid along, within the limits of, or across any public highway. If a highway is constructed along or across a drain, the board or officers in charge of such highway shall keep the drain free and clear of obstruction. Source: SL 1985, ch 362, §72.
SD Codified L § 46A-10A-72 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-72 - Open ditches restricted along highways.

46A-10A-72. Open ditches restricted along highways.No open ditch may be constructed within the limits of any public highway unless the topography makes such construction advisable. If construction is advisable, the ditch shall be located at a sufficient distance from the center of the highway to permit construction of a highway of standard width. Source: SL 1985, ch 362, §73.
SD Codified L § 46A-10A-73 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-73 - Drains along and across railroads--Costs.

46A-10A-73. Drains along and across railroads--Costs.A drain may be constructed along a rail line, if necessary, if no damage is done to the rail line. If it is necessary to cross a railroad right-of-way, the railroad company, if so ordered by the board, shall make necessary openings through the right-of-way and construct and maintain culverts or bridges to permit free and unobstructed flow of water across the right-of-way. The cost of such construction and maintenance, except the cost of excavating the ditch across the right-of-way, shall be borne as outlined in §46A-10A-74. Service of such order shall be made upon the railroad company in the manner provided for the service of summons in a civil action. An order directing construction of a drainage bridge or culvert shall be served upon the railroad company. The railroad company shall have sixty days after the service of an order to construct the bridge or culvert. Source: SL 1985, ch 362, §74; SL 1986, ch 379, §9.
SD Codified L § 46A-10A-74 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-74 - Construction of drainage facilities across railroads--Costs.

46A-10A-74. Construction of drainage facilities across railroads--Costs.A railroad's reasonable estimated cost of constructing a drainage facility across a railroad right-of-way shall be included in damages to be awarded the railroad company at the time the drainage is established. If the company refuses or neglects to construct bridges or culverts within a period of sixty days after service of an order, the board may construct bridges or culverts at the expense of the county and is entitled to recover such construction costs from the railroad company. Any action to recover construction costs shall be taken to circuit court and prosecuted by the state's attorney of the county. Source: SL 1985, ch 362, §75.
SD Codified L § 46A-10A-75 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-75 - Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.

46A-10A-75. Construction contracts--Bids--Preference of landowners--Bond of contractor--Construction without contract.At any time after adopting a drainage plan or other official control, a board may construct drainage or let contracts for its construction. A contract may be for construction of an entire drainage project, for any portion thereof, or for material and labor separately, and the contract shall be let by competitive bid. A board may reject any bid. The lowest responsible and capable bidder shall be accepted. If a responsible and capable landowner affected by the project submits one of several low bids, the landowner shall be given contract preference. If a contract is let, the contractor shall post a bond in the amount of the contract, conditioned on faithful performance of the contract and full completion of the contract to the satisfaction of the board. For purposes of bids on a proposed project, all plans and specifications for the project shall be filed in the office of the county auditor. If, in the judgment of the board, the entire project or any part thereof can be constructed for less money than the amount of the lowest bid submitted, the board may hire the necessary labor and purchase the necessary material for the construction without letting contracts, the provisions of chapters 5-18A and 5-18B notwithstanding. Source: SL 1985, ch 362, §76; SL 2011, ch 2, §150.
SD Codified L § 46A-10A-76 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-76 - Highway bridges and culverts--Construction--Maintenance--Modification--Costs.

46A-10A-76. Highway bridges and culverts--Construction--Maintenance--Modification--Costs.Contracts for building public highway bridges and culverts necessary after construction of a drainage project may be let separately after the project is completed. The expense of constructing bridges or culverts initially shall be charged as part of the drainage costs, but thereafter such bridges and culverts shall be maintained as part of the highway. The expense of removing, repairing, enlarging, or replacing existing bridges or culverts across the line of a proposed drainage project shall be borne in equal shares by the drainage project and the county highway fund. Source: SL 1985, ch 362, §77.
SD Codified L § 46A-10A-77 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-77 - Construction and contracting powers of board.

46A-10A-77. Construction and contracting powers of board.Any county board has the same powers in relation to construction of and contracting for drainage projects as it has in construction of and contracting for any other facilities. Source: SL 1985, ch 362, §78.
SD Codified L § 46A-10A-78 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-78 - Maintenance and improvement of existing drains, watercourses, and levees.

46A-10A-78. Maintenance and improvement of existing drains, watercourses, and levees.Powers conferred by this chapter and chapter 46A-11 for establishing and constructing drains include maintaining, relocating, extending, deepening, widening, and regulating of existing drains and drains hereafter constructed; straightening, cleaning out, deepening, and otherwise regulating channels of creeks and streams; and constructing, maintaining, remodeling, and repairing levees, dikes, and barriers for the purpose of drainage. Source: SL 1985, ch 362, §79.
SD Codified L § 46A-10A-79 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-79 - Apportionment of original cost to annexed area when project extended.

46A-10A-79. Apportionment of original cost to annexed area when project extended.If an existing drainage project is extended or enlarged, the board or boards shall apportion the benefits resulting to the annexed area from the existing construction in the original project as a cost to be absorbed by the lands of the annexed area on the basis of the original cost of the drain. Source: SL 1985, ch 362, §80.
SD Codified L § 46A-10A-80 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-80 - Maintenance of drains--Assessment of costs.

46A-10A-80. Maintenance of drains--Assessment of costs.Any drain that has been constructed under the provisions of this chapter or chapter 46A-11 is under control of the board or commission and shall be kept open and in repair by it, unless otherwise provided. If any drain is situated in more than one county, care of the portion lying within each county is assigned to that county's board or commission to be kept open and in repair. The cost of repairs shall be assessed, levied, and collected in the same manner as provided in this chapter and chapter 46A-11 for construction of drains. Source: SL 1985, ch 362, §81.
SD Codified L § 46A-10A-81 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-81 - Jurisdiction of improved existing drain--Maintenance--Assessments.

46A-10A-81. Jurisdiction of improved existing drain--Maintenance--Assessments.If an existing drainage project is improved, it is under the jurisdiction and supervision of the board, or joint boards if the drainage project is in more than one county, or a commission in counties adopting that form of management. Its respective board or commission shall keep it in repair. If no assessments of benefits have been made, the board having charge of the drain shall make assessments. Source: SL 1985, ch 362, §82.
SD Codified L § 46A-10A-82 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-82 - Maintenance without notice--Actions authorized.

46A-10A-82. Maintenance without notice--Actions authorized.At any time and on its own motion, without notice, a board may maintain a drainage project. The board may remove silt, debris, weeds, and other vegetation growth, may repair damaged structures, and may take other action as necessary to maintain the project's original efficiency or capacity. Source: SL 1985, ch 362, §83.
SD Codified L § 46A-10A-83 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-83 - Petition for repair or improvement of drain.

46A-10A-83. Petition for repair or improvement of drain.If a board fails to make necessary drainage repairs or improvements or fails to act as provided in §§46A-10A-81 to 46A-10A-88, inclusive, a majority of the owners of lands affected or likely to be affected by the proposed repairs or improvements may file with the county auditor a petition signed by them requesting the board to take such action. If the drainage extends over more than one county, a petition shall be filed in each county and each involved board shall act. Source: SL 1985, ch 362, §84.
SD Codified L § 46A-10A-84 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-84 - Repairs without contract--Cost reimbursement.

46A-10A-84. Repairs without contract--Cost reimbursement.If required drainage repairs will cost less than ten thousand dollars and the board projects a potential saving by not receiving bids, it may direct the repairs to be done by county equipment and labor. The county fund utilized shall be reimbursed from the drainage project fund thus benefited. Source: SL 1985, ch 362, §85.
SD Codified L § 46A-10A-85 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-85 - Replacing drain as repair.

46A-10A-85. Replacing drain as repair.If, in repairing a closed drain, the board finds from the engineer's report that it is more economical to construct a new closed drain than to repair an existing drain, the new drain is considered a repair. Source: SL 1985, ch 362, §86.
SD Codified L § 46A-10A-86 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-86 - Improvements--Survey and cost estimate--Ordering without notice.

46A-10A-86. Improvements--Survey and cost estimate--Ordering without notice.If a board determines that improvements which differ from repairs are necessary or desirable, the board may appoint an engineer to conduct a survey of the proposed improvement, estimate its cost, and file the estimate with the board. An improvement may include enlarging, reopening, widening, deepening, strengthening, or lengthening of any drain; changing the location of or improving and enlarging an outlet for better service; converting all or a part of any drain from an open ditch to a closed drain; installing surface pipe for open ditches; leveling spoil banks; or constructing settling basins. If the estimated cost of the improvements does not exceed ten thousand dollars, the board may order the work done without notice. Source: SL 1985, ch 362, §87.
SD Codified L § 46A-10A-87 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-87 - Improvements requiring notice and hearing--Reclassification of benefits--Appeal.

46A-10A-87. Improvements requiring notice and hearing--Reclassification of benefits--Appeal.If a board deems it desirable to make drainage improvements and the estimated cost exceeds ten thousand dollars, it shall set a date for a hearing on the matter and on the matter of reclassification of benefits for the cost of the improvements and shall provide notice as provided in §46A-10A-62. At the hearing the board shall hear testimony on the feasibility of the improvements and on reclassification and shall take action as it considers desirable regarding the improvements. If, due to extensive modification to the project and its operation, the board determines a reclassification of benefits should be undertaken, the board shall proceed in accordance with §§46A-11-2 to 46A-11-4, inclusive. Any affected party has the right to appeal the board's decision to reclassify benefits and to such classification, if accomplished. Source: SL 1985, ch 362, §88.
SD Codified L § 46A-10A-88 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-88 - Assessment of maintenance and improvement costs.

46A-10A-88. Assessment of maintenance and improvement costs.Costs of cleaning, maintaining, repairing, or improving drainage may be assessed against all land in a drainage project in the same proportion as fixed for the project. Such assessments shall be made as are other assessments for construction of drainage and all finance and enforcement provisions of law relating to assessments for the original construction of the project shall govern assessments for maintenance, cleaning, improvement, and general and emergency repairs. Source: SL 1985, ch 362, §89.
SD Codified L § 46A-10A-89 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-89 - Maintenance and assessments for drainage work in more than one county.

46A-10A-89. Maintenance and assessments for drainage work in more than one county.Any provisions of this chapter and chapter 46A-11 relating to maintenance of drainage or levy of maintenance assessments are the responsibility of the board of the county having jurisdiction over the drainage. Immediately after assessments are levied by a board in charge of drainage work that lies in more than one county, the county auditor shall prepare a complete transcript of the proceedings not previously filed relating to the drainage and shall file the report with each affected county. Source: SL 1985, ch 362, §90.
SD Codified L § 46A-10A-90 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-90 - Injury or obstruction of drainage as misdemeanor--Civil liability.

46A-10A-90. Injury or obstruction of drainage as misdemeanor--Civil liability.Any person who intentionally removes a surveyor's stake set along the line of a drain, obstructs or injures a drain or watercourse used for drainage, or breaks down or injures a levee governed by the provisions of this chapter and chapter 46A-11:(1)Is guilty of a Class 2 misdemeanor; and(2)Is liable for damages in an amount required to repair the injury, such damages to be recovered in a civil action by the board. Damages, when collected, shall be deposited with the county treasurer and credited to the construction and maintenance fund of the project. Source: SL 1985, ch 362, §91.
SD Codified L § 46A-10A-91 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-91 - Drain or watercourse constructed to prevent entry of water as nuisance--Exception.

46A-10A-91. Drain or watercourse constructed to prevent entry of water as nuisance--Exception.Any ditch, drain, or watercourse constructed to prevent surface and overflow water from adjacent land from entering it is hereby declared a nuisance and may be abated as such unless such action was taken in accordance with the provisions of this chapter and chapter 46A-11 and the principles outlined in §46A-10A-20. Source: SL 1985, ch 362, §92.
SD Codified L § 46A-10A-92 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-92 - Abandonment of project--Procedure.

46A-10A-92. Abandonment of project--Procedure.Any intrastate drainage project, local drainage project, or drainage works established prior to July 1, 1985, existing under the provisions of prior state law or existing under the provisions of this chapter and chapter 46A-11 may be abandoned and abolished after a petition has been filed, notice has been published, and a hearing has been held by the board having jurisdiction. Petition, notice, and hearing procedures shall be the same as for construction of a drainage project. An election may be held on the issue and shall follow the procedures outlined in §46A-10A-43. Source: SL 1985, ch 362, §93.
SD Codified L § 46A-10A-93 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-93 - Approval required to alter drainage rights established with federal or state funds.

46A-10A-93. Approval required to alter drainage rights established with federal or state funds.Drainage rights established by state and federal funds in state financed public improvements only may be altered or affected by the board of county commissioners or drainage commission after approval and concurrence by official action of the state agency administering such state or federal funds. Source: SL 1985, ch 362, §93A.
SD Codified L § 46A-10A-94 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-94 - Accounts of expenditures maintained--Inspection.

46A-10A-94. Accounts of expenditures maintained--Inspection.An itemized account of expenditures for any drainage project construction, repairs or improvement shall be maintained in the office of the county treasurer and shall be open to public inspection during regular business hours. Source: SL 1985, ch 362, §94.
SD Codified L § 46A-10A-95 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-95 - Appeal by state as to public lands.

46A-10A-95. Appeal by state as to public lands.In any decision involving lands described in §46A-10A-56, the state has the same right of appeal from an order relating to drainage as does an individual, but no bond on appeal need be furnished. Source: SL 1985, ch 362, §95.
SD Codified L § 46A-10A-96 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-96 - Stay of proceedings on appeal--Bond--Damages.

46A-10A-96. Stay of proceedings on appeal--Bond--Damages.No appeal may operate as a stay of proceedings by a board, but a court, upon taking an appeal, for good cause may issue an order staying further proceedings by a board until a hearing and determination of the merits of the appeal are completed. Before granting a stay, a court shall require a bond or other undertaking in sufficient amount and with sufficient surety so that, if the order appealed from is sustained, the person upon whose motion the stay is granted shall pay all damages caused by the stay. For purposes of this section, no activity under the provisions of §46A-10A-25 or 46A-10A-68 may be considered an appeal. Source: SL 1985, ch 362, §96.
SD Codified L § 46A-10A-97 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-97 - Costs on appeal.

46A-10A-97. Costs on appeal.If, on appeal, the court rules in favor of a board decision regarding a conflict between the appellant landowner and the board, the appellant landowner is liable for all costs associated with the appeal. If the contention of an appellant landowner is substantially sustained, costs associated with the appeal shall be included in the total costs of the project, but the appellant's costs before appeal shall be borne by the appellant. Source: SL 1985, ch 362, §97; SL 2011, ch 165, §501.
SD Codified L § 46A-10A-98 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-98 - Drainage district management by Board of Trustees.

46A-10A-98. Drainage district management by Board of Trustees.Any established drainage district as defined by §46A-10A-43 may be placed under the control and management of a board of three trustees to be elected by the persons owning land in the district. Source: SL 1997, ch 256, §1.
SD Codified L § 46A-10A-99 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-99 - Petition for election.

46A-10A-99. Petition for election.Twenty percent of the landowners as defined by subdivision 46A-10A-1(11), owning land within the district assessed for benefits, may file a petition requesting that a meeting be held to conduct an election to determine if a drainage district shall be governed by three trustees as authorized by §46A-10A-98. The petition shall be filed with the auditor of the county containing the majority of the land in the district. If the auditor determines the petition is signed by the requisite number of landowners, the petition shall be presented to the board of county commissioners. Source: SL 1997, ch 256, §2.
SD Codified L § 46A-10A-100 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-100 - Election meeting--Appointments.

46A-10A-100. Election meeting--Appointments.The board of county commissioners shall at their next session, set a date, time, and location for a meeting of district landowners to conduct an election to determine if a drainage district shall be governed by three trustees and shall enter an order to that effect. The election meeting shall be held within forty-five days from the date of the order. The board shall appoint from the landowners of the district a superintendent and two clerks of election to serve as an election board who shall convene the meeting, take minutes, and conduct the election. Source: SL 1997, ch 256, §3.