reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10B-24 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-24 - Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.

46A-10B-24. Collection of unpaid charges--Lien created--Enforcement of provisions of chapter.Any charge made pursuant to this chapter that is not paid when due may be recovered in an action at law by the governing body. Any stormwater utility fee or stormwater basin fee made pursuant to this chapter is a lien upon the property to which the fee is associated from the date the fee becomes due until the fee is paid. The lien shall be recorded in the office of the county register of deeds by the governing body. The owner of property subject to fees established pursuant to §46A-10B-20 is obligated to pay the fee. The obligation may be enforced by the governing body in the same manner as delinquent property taxes are enforced. The employees of the governing body may, at all reasonable times, have access to any premises served by the governing body for inspection, repair, or the enforcement of the provisions of this chapter. Source: SL 1989, ch 388, §30; SL 1991, ch 375, §8.
SD Codified L § 46A-10B-25 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-25 - Owner's right to dispute fees or other determinations--Petition and hearing.

46A-10B-25. Owner's right to dispute fees or other determinations--Petition and hearing.Any owner who disputes the amount of a stormwater utility fee or a stormwater basin fee made against the owner's property or who disputes any determination made by the governing body pursuant to this chapter may petition the governing body for a hearing on a revision or modification of the charge or determination. The governing body may hold the hearing or may designate an officer or employee as a hearing officer with authority to hold the hearing. A petition may be filed only once in connection with any charge or determination, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition.The petition shall be in writing, filed with the governing body, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the governing body. The hearing, if any, shall take place in the district, and notice of the hearing and the proceedings shall be in accordance with ordinances adopted by the governing body. Source: SL 1989, ch 388, §31.
SD Codified L § 46A-10B-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-26 - Reduction of fees upon completion or implementation of plan.

46A-10B-26. Reduction of fees upon completion or implementation of plan.When all projects, facilities, and programs specified in the master drainage plan have been completed or implemented, any stormwater utility fees established pursuant to §46A-10B-22 shall be reduced to a level not to exceed the amount necessary to properly operate and maintain the existing projects, facilities, and programs of the district. Source: SL 1989, ch 388, §32.
SD Codified L § 46A-10B-27 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-27 - Application of fees or charges.

46A-10B-27. Application of fees or charges.Any fee or charge paid pursuant to this chapter may be used solely to pay for the costs of operation, repair, maintenance, improvements, renewal, replacement, reconstruction, design, right-of-way acquisition, and construction of public stormwater facilities, for purposes authorized in §46A-10B-13, or to pay the governing body's accounting, management, or administration expenses incurred in the implementation of this chapter. Source: SL 1989, ch 388, §33.
SD Codified L § 46A-10B-28 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-28 - Accumulation of funds authorized.

46A-10B-28. Accumulation of funds authorized.In addition to or in lieu of the separate and special funds authorized in §9-40-16, the governing body may accumulate funds in a storm drainage fund or other capital reserve fund or operations and maintenance fund established by ordinance or resolution of the governing body. No accumulated funds may revert at the end of the fiscal year, and the governing body may make expenditures from the fund to carry out the purposes of this chapter. Source: SL 1989, ch 388, §34.
SD Codified L § 46A-10B-29 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-29 - Issuance of bonds authorized.

46A-10B-29. Issuance of bonds authorized.The governing body may issue bonds pursuant to §9-40-5 and chapter 6-8B to carry out the purposes of this chapter. If the amount of the bond issue does not exceed an amount that can economically be paid by district revenues during the term of the bond, no election on the question of issuing the bonds is required. Source: SL 1989, ch 388, §35.
SD Codified L § 46A-10B-30 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-30 - Drainage report and construction plans--Requirements for subdivision approval.

46A-10B-30. Drainage report and construction plans--Requirements for subdivision approval.Prior to the final approval of the plat of any subdivision, the owners of the property being subdivided shall at the owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for the subdivision, including any off-site facilities required to convey stormwater to existing drains, channels, streams, detention ponds, or other points, all in conformity with the master drainage plan of the district and the design criteria and construction standards adopted by the governing body and the board. The governing body shall review the reports, plans, and cost estimates. The governing body may approve the plat of the subdivision if the governing body has been furnished with acceptable assurance that the facilities will be constructed and installed as indicated and approved. Source: SL 1989, ch 388, §36.
SD Codified L § 46A-10B-31 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-31 - Contract with developer--Reimbursement of actual costs incurred.

46A-10B-31. Contract with developer--Reimbursement of actual costs incurred.If the governing body contracts with a developer to construct stormwater facilities that serve more than that development and are identified in the master drainage plan, the actual costs incurred are eligible for reimbursement in accordance with ordinances adopted by the governing body. Source: SL 1989, ch 388, §37.
SD Codified L § 46A-10B-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-32 - Collection of charge from abutting property developer--Conditions--Repayment of original installer.

46A-10B-32. Collection of charge from abutting property developer--Conditions--Repayment of original installer.If the developer enters into a repayment agreement pursuant to §46A-10B-31, with the governing body within ninety days of the completion and approval by the governing body of the drainage improvement or facility, then at the time the property abutting the off-site stormwater facility is developed and a building permit is issued, the governing body may assess a charge per front foot to the abutting property developer within the district, and if collected, the governing body shall repay the original installer after deducting a service charge not to exceed three percent to cover administrative costs. All costs for the original construction of the stormwater facility shall be fully paid by the installer before the installer is entitled to repayment under any agreement established pursuant to this chapter. The governing body shall adopt ordinances specifying procedures and requirements governing any repayment made pursuant to this section. Stormwater basin development fees paid by the developer pursuant to §46A-10B-21 are not eligible for reimbursement under this section or §46A-10B-31. Source: SL 1989, ch 388, §38.
SD Codified L § 46A-10B-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-33 - Stormwater facility property of governing body--Responsibility for operation and maintenance.

46A-10B-33. Stormwater facility property of governing body--Responsibility for operation and maintenance.Any stormwater facility constructed, installed, or provided pursuant to this chapter, and formally accepted by the governing body, is the property of the governing body. The governing body thereafter is responsible for the operation and maintenance of the facility. Source: SL 1989, ch 388, §39; SL 1992, ch 320, §2.
SD Codified L § 46A-10B-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-34 - Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources.

46A-10B-34. Technical assistance provided by Board of Water and Natural Resources and Department of Agriculture and Natural Resources.The Board of Water and Natural Resources and the Department of Agriculture and Natural Resources shall provide technical assistance upon request of the governing body. Source: SL 1989, ch 388, §40; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10B-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-35 - Board to consider certain provisions and guidelines in establishing ordinances or procedures.

46A-10B-35. Board to consider certain provisions and guidelines in establishing ordinances or procedures.In establishing the ordinances or procedures required by this chapter, the board or the governing body shall consider the provisions of chapter 26, article vii, Ft. Collins code of the City of Ft. Collins, Colorado; any guidelines, standards or policies developed by the Urban Land Institute; and stormwater design criteria as established by the United States Environment Protection Agency. Source: SL 1989, ch 388, §41; SL 1993, ch 256, §85.
SD Codified L § 46A-10B-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-36 - Dissolution of district.

46A-10B-36. Dissolution of district.A drainage basin utility district may be dissolved only by an act of the Legislature, by joint powers agreement of each county and each municipality included within the district or by a petition for dissolution of the district signed by at least two-thirds of the owners of real property in the district. Source: SL 1989, ch 388, §42.
SD Codified L § 46A-10B-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-37 - Content and form of petition for dissolution.

46A-10B-37. Content and form of petition for dissolution.Each person who signs the petition for dissolution shall add to the person's signature, in the person's own handwriting, the person's place of residence, a legal description of the person's real property within the district, and the date of signing. The petition may contain more than one page, each page shall have identical headings, and any number of identical petition forms may be circulated and each be a part of the petition. Every page of the petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form: STATE OF SOUTH DAKOTA)) SSCOUNTY OF ________________)I, the undersigned __________, being first duly sworn, depose and say, that I am the circulator of the foregoing petition containing __________ signatures; that each person whose name appears on the petition sheet personally signed the petition in my presence; that I believe that each of the signers is a resident at the address written opposite the signer's name; and that I stated to every petitioner before the person affixed his or her signature the legal effect and nature of the petition.____________________________Circulator Subscribed and sworn to before me this __________ day of ______, 20____.____________________________Notary Public  Source: SL 1989, ch 388, §44; SL 2011, ch 165, §502.
SD Codified L § 46A-10B-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-38 - Filing of petition.

46A-10B-38. Filing of petition.The petition for dissolution shall be filed with the circuit court no more than ninety days after the creation of the district. Source: SL 1989, ch 388, §45.
SD Codified L § 46A-10B-39 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-39 - Publication of petition prior to filing--Content.

46A-10B-39. Publication of petition prior to filing--Content.At least once each week for two successive weeks before filing the petition for dissolution with the circuit court, the person filing the petition shall publish the petition and a notice of the filing in an official newspaper in each county in which land of the drainage basin utility district is located. The publication shall include the address to which written comments may be sent and a statement that the petition will be heard and acted upon by the circuit court, that the district was established without election, that the district is operated and administered by the governing body as designated in the petition and that the district is authorized to assess utility fees against property in the district. Source: SL 1989, ch 388, §46.
SD Codified L § 46A-10B-40 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-40 - Authority of circuit court to dissolve district.

46A-10B-40. Authority of circuit court to dissolve district.If a petition for dissolution is filed with the circuit court as provided in this chapter, the court may dissolve the district. Source: SL 1989, ch 388, §47.
SD Codified L § 46A-10B-41 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-41 - Petition to suspend or cancel project--Content and form.

46A-10B-41. Petition to suspend or cancel project--Content and form.Two-thirds of the owners of real property within the district may petition the circuit court to suspend or cancel a project, facility, or program of the district that has been planned or is underway. A petition for cancellation or suspension of a project shall be in the same form as a dissolution petition as provided in §46A-10B-37 and shall also include the following information:(1)The name of the drainage basin utility district;(2)A description of the project, facility, or program to be cancelled or suspended;(3)A statement of the reasons for the cancellation or suspension of the project, facility, or program; and(4)The name, address, and phone number of the petition circulator. Source: SL 1989, ch 388, §48.
SD Codified L § 46A-10B-42 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-42 - Publication of petition to cancel or suspend project--Requirements.

46A-10B-42. Publication of petition to cancel or suspend project--Requirements.At least once each week for two successive weeks before filing a petition with the circuit court to cancel or suspend a district project, facility, or program, the person filing the petition shall publish a notice of the filing in an official newspaper in each county in which land of the drainage basin utility district is located. The publication shall include a summary of the purpose and contents of the petition, the address to which written comments may be sent and a statement that the petition will be heard and acted upon by the circuit court. Source: SL 1989, ch 388, §48A.
SD Codified L § 46A-10B-43 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10B - Drainage Basin Utility Districts|Section 46A-10B-43 - Authority of circuit to suspend or cancel project--Amendment of master plan.

46A-10B-43. Authority of circuit to suspend or cancel project--Amendment of master plan.If the circuit court receives a valid petition signed by at least two-thirds of the owners of real property in the district for cancellation or suspension of a district project, facility, or program pursuant to §46A-10B-41, the circuit court may suspend or cancel the project and the governing body shall amend accordingly the master drainage plan as provided in §46A-10B-18. Source: SL 1989, ch 388, §49.
SD Codified L § 46A-11-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-1 - Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice.

46A-11-1. Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice.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 the resolution establishing the drainage project. The resolution shall contain a description of each lot, parcel, and tract of land situated within the drainage project and affected by proceedings establishing the project. The resolution shall be recorded and indexed against each lot, parcel, and tract of land described in the resolution. No recording fee may be charged and the recording shall constitute constructive notice of establishment of the drainage project, to all subsequent purchasers and encumbrancers of such premises. Source: SDC 1939, §61.1006; SDCL, §46-21-1; SL 1985, ch 362, §98.
SD Codified L § 46A-11-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-2 - Apportionment of benefits of proposed drainage project by board of county commissioners--Equalization of benefits, notice, publication, and posting.

46A-11-2. Apportionment of benefits of proposed drainage project by board of county commissioners--Equalization of benefits, notice, publication, and posting.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 in the form of a ratio or percentage in comparison to the average tract of land found most likely to receive average benefit pursuant to §46A-10A-61. 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. 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 particular tract as a unit, and shall notify all such owners of the opportunity to show cause why the proportion of benefits should not be fixed as stated. Source: SDC 1939, §61.1007; SDCL, §46-21-2; SL 1985, ch 362, §99.
SD Codified L § 46A-11-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-3 - Matters considered in fixing and equalizing benefits.

46A-11-3. Matters considered in fixing and equalizing benefits.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 directly by construction of the project or indirectly by virtue of the project operating as an outlet for connection drains that may be subsequently constructed. Indirect benefits including those due to improved public welfare, may be assessed against any county or political subdivision affected as a whole, at the option of the board. Source: SDC 1939, §61.1007; SDCL, §46-21-3; SL 1985, ch 362, §100; SL 1992, ch 60, §2.
SD Codified L § 46A-11-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-4 - Hearing on equalization of benefits--Determination by board--Revision procedure.

46A-11-4. Hearing on equalization of benefits--Determination by board--Revision procedure.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 an abandoned or invalid proportion of benefits, that shall be considered and an equitable adjustment shall be made in the next assessment. Source: SDC 1939, §61.1007; SDCL, §46-21-4; SL 1985, ch 362, §101.
SD Codified L § 46A-11-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-5 - Assessment by board--Cost of establishment.

46A-11-5. Assessment by board--Cost of establishment.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 profiles, publication and filing, other fees, interest on bonds issued or to be issued, and all other expenses incurred that contribute to establishment or construction of the project. Source: SDC 1939, §61.1008; SDCL, §46-21-5; SL 1985, ch 362, §102.
SD Codified L § 46A-11-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-6 - Assessment--Certified copy filed with county treasurer--Notice.

46A-11-6. Assessment--Certified copy filed with county treasurer--Notice.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 an official newspaper in the county as designated by the board. The notice shall contain a description of the property assessed, the name of the owner as it appears in the assessment, the amount of each assessment, including the amount assessed against the county any municipality, township, or railroad company, and the date when the assessment will become delinquent, plus any penalty and the date from which interest will be charged. Source: SDC 1939, §61.1008; SL 1985, ch 362, §103; SL 1992, ch 60, §2.