reglab/housing_qa huggingface dataset:
SD Codified L § 9-43-132 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-132 - Apportionment of costs according to benefits accruing to lots.

9-43-132. Apportionment of costs according to benefits accruing to lots.The total cost, or any portion of the cost that is assessable against all the real property within any district or area benefited by the local improvement, may be apportioned according to the benefits to accrue to each lot or tract, as determined by the governing body. In determining benefits to a district or area, the governing body shall determine the amount in which each lot or tract located within the district or area will be benefited by the construction of the improvement, and shall assess against each lot or tract that amount, not exceeding its special benefit, as is necessary to pay its just portion of the total cost of the work to be assessed. Source: SL 2012, ch 57, §60.
SD Codified L § 9-43-133 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-133 - Lots subject to assessment both as fronting and abutting property and as property benefited.

9-43-133. Lots subject to assessment both as fronting and abutting property and as property benefited.If any lot is subject to assessment both as fronting and abutting property and as property within the district or area benefited by the local improvement, the sum of both assessments may be the amount to be stated in the assessment roll against each such lot. Source: SL 2012, ch 57, §61.
SD Codified L § 9-43-134 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-134 - New assessment or reassessment for irregularities.

9-43-134. New assessment or reassessment for irregularities.If any special assessment for any local improvement is set aside for irregularity in the proceedings or declared void by reason of noncompliance with the provisions of law when ordering or letting the work or making the assessment, or if the collection of any portion of the assessment has been restrained or enjoined, or if any special assessment made upon any lot has been set aside or in any manner rendered or found to be ineffectual, the governing body may make a new assessment or reassessment. The governing body may collect the assessment or reassessment in the manner provided for the collection of the original assessment, to an amount not exceeding the amount of the original assessment, to bear interest at the rate provided by the governing body for unpaid installments of the original assessment from the date of approval of the assessment roll. Source: SL 2012, ch 57, §62.
SD Codified L § 9-43-135 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-135 - Notice of reassessment.

9-43-135. Notice of reassessment.If any reassessment is required, the governing body shall appoint a time for making the reassessment. The finance officer shall give ten days' notice to the owner of any lot to be reassessed, by mail addressed to the owner's last mailing address as shown by the records of the director of equalization, and shall publish notice of the reassessment once not less than ten nor more than twenty days before the time set for the reassessment. After publication of the approved resolution, the governing body may proceed with the levying and forwarding for the collection of special assessments. Source: SL 2012, ch 57, §63.
SD Codified L § 9-43-136 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-136 - Assessment of additional cost of improvement--Public hearing.

9-43-136. Assessment of additional cost of improvement--Public hearing.If the assessment originally levied, together with any sum to be paid by the municipality from its general fund or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll. The governing body shall adopt a resolution proposing to increase the special assessment contained in the original special assessment roll by the proportion it determines to be sufficient to pay the total cost of the improvement. The resolution, notice of hearing, and hearing procedures shall be carried out as provided in §9-43-90. The amount by which each assessment is increased shall be collected by the same procedure and at the same time as the original assessment. However, if any installment of the original assessment has been paid before the levy of the supplemental assessment, the amount of the increase shall be added to the balance unpaid and becomes payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment. Source: SL 2012, ch 57, §64.
SD Codified L § 9-43-137 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-137 - Federal loans.

9-43-137. Federal loans.If public moneys are made available by loan from any federal source to the state, an agency of state government, a public body created by the state, or a political subdivision of the state for the direct or indirect aid of landowners or owners of real property in the public or private improvement of their property in a manner specified by competent federal, state, or local authority, the owners are entitled to retire their obligations for the improvements in like pro rata installments over the same period of time as the loan of federal moneys will be retired, or, if permissible, to accelerate the installments as they are able, and at the same rate of interest as the loan of federal moneys to the state, state agency, public body, or political subdivision of the state. However, if the loan of federal moneys requires different or more stringent terms be met by the owners with regard to time period, installments, or rate of interest, then the terms allowed shall be the most liberal possible that still comply with the federal requirements.The provisions of this section, in a proper case, are in lieu of assessment under any other law granting power to assess for property improvement. Source: SL 2012, ch 57, §65.
SD Codified L § 9-43-138 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-138 - Special maintenance fee--Purposes--Exemptions.

9-43-138. Special maintenance fee--Purposes--Exemptions.The governing body prior to the assessment of real property within the municipality for the next fiscal year, may levy, annually, for the purpose of maintaining or repairing public improvements, a special maintenance fee upon the lots fronting and abutting any improvements within the municipality that are maintained by the municipality. For purposes of this section, the governing body prior to the assessment of real property may, by resolution, elect to treat any of the following lots as not fronting and abutting improvements within the municipality:(1)Lots with a tax assessment freeze under chapter 10-6A; or(2)Lots classified as agricultural property under §10-6-110.The governing body prior to the assessment of real property may, by resolution, designate the lot or portion of lots against which the fee is to be levied and the amount of the fee to be assessed against each lot or portions of lots for such purposes, or may apportion the fee pursuant to §46A-10B-20. The governing body may directly bill the affected property owner for the fee in a manner determined by the municipality, or the governing body may require the county treasurer to add the fee assessed to the general assessment against the property and certify the fee assessed together with the regular assessment to the county auditor to be collected in the same manner as municipal taxes are collected for general purposes. The fee assessed is subject to review and equalization the same as assessments or taxes for general purposes. Source: SL 2012, ch 57, §66; SL 2020, ch 29, § 1; SL 2021, ch 44, § 44.
SD Codified L § 9-43-139 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-139 - Application of chapter.

9-43-139. Application of chapter.The provisions of this chapter do not apply to chapters 9-53, 9-55, or 21-10. Source: SL 2012, ch 57, §67.
SD Codified L § 9-44-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-1 - Municipal improvement bonds authorized in lieu of special assessment certificates.

9-44-1. Municipal improvement bonds authorized in lieu of special assessment certificates.If the special assessments to be levied by any municipality for any local improvement or improvements are divided into installments pursuant to the provisions of chapter 9-43, the governing body of the municipality, in lieu of issuing assessment certificates or bonds as provided in chapter 9-43, may issue municipal improvement bonds. Source: SL 1947, ch 219, §1; SDC Supp 1960, §45.21A01; SL 1984, ch 43, §85.
SD Codified L § 9-44-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-2 - Authorization--Issuance--Sale--Maturity.

9-44-2. Authorization--Issuance--Sale--Maturity.Municipal improvement bonds shall be authorized, issued, and sold as provided in chapter 6-8B, except that all bonds shall mature not later than one year after the due date of the last assessment installment. In fixing serial maturities, the governing body shall estimate the amounts of money which will be available from time to time through collections of assessments, taxes, and service charges levied or imposed as herein provided, and shall adopt a schedule of maturities such that to the best of their judgment moneys will be available from sources at times and in amounts as to permit payment of all principal and interest as the payments become due. Source: SL 1947, ch 219, §3; SDC Supp 1960, §45.21A03; SL 1984, ch 43, §86.
SD Codified L § 9-44-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-3 - Amount of bond issue.

9-44-3. Amount of bond issue.Municipal improvement bonds under this chapter may be issued in an amount equal to the total cost of the improvement or improvements. Source: SL 1947, ch 219, §3; SDC Supp 1960, §45.21A03; SL 1984, ch 43, §87.
SD Codified L § 9-44-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-5 - Covenants with bondholders authorized.

9-44-5. Covenants with bondholders authorized.In and by the resolution authorizing municipal improvement bonds, the governing body may on behalf of the municipality make any or all of the covenants described in §§9-44-6 to 9-44-8, inclusive, with and for the benefit of the holders from time to time of said bonds. Source: SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04.
SD Codified L § 9-44-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-6 - Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy.

9-44-6. Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy.The municipality may agree to pay any part not exceeding one-half of the principal of and interest on municipal improvement bonds by ad valorem taxation on all property within the municipality. Such part of the principal shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after the issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the fund of the improvement, shall be included. Before delivery of the bonds the governing body shall levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax, to be spread upon the tax rolls for the same years as the special assessments, in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payment of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess. Source: SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (1).
SD Codified L § 9-44-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-7 - Municipal agreement as to water and sewer service charges--Adequacy of rates.

9-44-7. Municipal agreement as to water and sewer service charges--Adequacy of rates.In the case of water and sewer improvements undertaken pursuant to chapters 9-47 and 9-48, the municipality may agree to establish, impose, and collect just and equitable charges for services furnished by such improvement or improvements, and to pledge and appropriate all or any portion of the net revenues derived from such charges to the improvement fund for payment of municipal improvement bonds and interest. The municipality may further agree to establish and maintain such rates as shall at all times be at least sufficient to produce net revenue which, together with collections of assessments and taxes, will be adequate to pay the principal of and interest on each and all of the bonds as such principal and interest become due. In connection with such service charges, the governing body shall have all of the rights and powers which it would have with respect to like matters under chapter 9-40. Source: SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (2); SL 1980, ch 26, §20.
SD Codified L § 9-44-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-8 - Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy.

9-44-8. Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy.The municipality may agree that in the event of a deficiency in the improvement fund, the governing body will levy an ad valorem tax upon all of the taxable property within the municipality in an amount as may be necessary to pay the deficiency. The covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of a tax whenever any amount of principal or interest shall become due and the moneys in the fund shall be insufficient to pay the same. Notwithstanding the omission of a covenant in the resolution authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy a tax upon the occurrence of any deficiency, and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto may not exceed by more than five percent the deficiency for which they are levied, but are not subject to any other limitation as to rate or amount; and levies in excess of such limitation shall be invalid only as to the excess. Source: SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (3); SL 1984, ch 43, §87A.
SD Codified L § 9-44-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-9 - Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.

9-44-9. Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.In the event that the governing body shall determine to pay any portion of municipal improvement bonds from taxes and/or collections of service charges, it may direct that the estimate for special assessments and the assessment roll shall specify the portion of cost to be paid by assessment, the portion to be paid by taxes, and the portion to be paid exclusively by revenues, and the assessment on benefited property may be reduced proportionately; but the assessable cost of the improvement shall not be decreased by the reduction of the assessment, and the governing body may and if necessary shall levy supplemental assessments on specially benefited property to the full amount of such benefit. Source: SL 1947, ch 219, §5; SDC Supp 1960, §45.21A05.
SD Codified L § 9-44-10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-10 - Bonds payable from improvement fund--Negotiability--Municipal obligation limited.

9-44-10. Bonds payable from improvement fund--Negotiability--Municipal obligation limited.All bonds shall be payable solely out of the fund of the improvement or improvements to be financed thereby but they shall be negotiable investment securities within the meaning of chapter 57A-8. The obligation of the municipality with reference thereto shall be limited to the proper administration of the fund and the support of the same by the methods provided in this chapter and as provided in the resolution or ordinance authorizing the bond issue. Source: SL 1947, ch 219, §2; SDC Supp 1960, §45.21A02; SL 1984, ch 43, §88.
SD Codified L § 9-44-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 44 - Municipal Improvement Bonds|Section 9-44-11 - Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.

9-44-11. Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.Into the fund of the improvement financed by municipal improvement bonds shall be paid all assessments and taxes levied on account of the improvement and any net revenues appropriated for the payment of the bonds as provided in this chapter. Moneys in said fund shall be used for no purpose other than the payment of the principal of and interest on said bonds as the same shall become due. After the payment of all principal and interest the governing body may transfer any unexpended balance in said fund to the general fund of the municipality. Source: SL 1947, ch 219, §2; SDC Supp 1960, §45.21A02.
SD Codified L § 9-45-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-1 - Municipal power over streets, alleys, and public grounds--Types of improvements permitted.

9-45-1. Municipal power over streets, alleys, and public grounds--Types of improvements permitted.Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided by this title. Source: SL 1890, ch 37, art V, §1, subdivs 7, 13, 45; SL 1890, ch 37, art XVI, §18; SL 1890, ch 37, art XVII, §1; SL 1895, ch 182, §14; RPolC 1903, §1229, subdivs 7, 13, 45; RPolC 1903, §§1303, 1306, 1441, 1442; SL 1911, ch 95, §1; SL 1913, ch 111; SL 1913, ch 119, §53, subdivs 7, 12, 45; SL 1913, ch 126, §1; RC 1919, §§6169 (7), (9), 6356, 6357, 6364; SL 1923, ch 240; SL 1929, ch 195; SDC 1939, §45.0201 (94); SL 2020, ch 30, § 1.
SD Codified L § 9-45-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-2 - Street names and numbering of houses.

9-45-2. Street names and numbering of houses.Every municipality shall have power:(1)To name and change the name of any street, avenue, alley, or other public place;(2)To regulate the numbering of houses and lots. Source: SL 1890, ch 37, art V, §1, subdivs 22, 23; RPolC 1903, §1229, subdivs 22, 23; SL 1913, ch 119, §53, subdivs 22, 23; RC 1919, §6169 (31), (32); SDC 1939, §45.0201 (96), (97).
SD Codified L § 9-45-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-3 - Bridges, culverts and sluiceways.

9-45-3. Bridges, culverts and sluiceways.Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways. Source: SL 1895, ch 182, §14; RPolC 1903, §1441; SL 1913, ch 111, §1; RC 1919, §6169 (7); SDC 1939, §45.0201 (91).
SD Codified L § 9-45-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-4 - City power over bridges, viaducts, and tunnels.

9-45-4. City power over bridges, viaducts, and tunnels.Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels. Source: SL 1890, ch 37, art V, §1, subdiv 28; RPolC 1903, §1229, subdiv 28; SL 1913, ch 119, §53, subdiv 28; RC 1919, §6170 (6); SDC 1939, §45.0202 (8); SL 1992, ch 60, §2.
SD Codified L § 9-45-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-5 - Crosswalks, curbs, gutters, and drains.

9-45-5. Crosswalks, curbs, gutters, and drains.Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains. Source: SL 1890, ch 37, art V, §1, subdiv 16; RPolC 1903, §1229, subdiv 16; SL 1913, ch 119, §53, subdiv 17; RC 1919, §6169 (49); SDC 1939, §45.0201 (95).
SD Codified L § 9-45-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 45 - Street And Alley Improvements|Section 9-45-6 - Survey and plat filed on laying out or boundary change in street, alley, or public ground.

9-45-6. Survey and plat filed on laying out or boundary change in street, alley, or public ground.When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county. Any municipality may widen an existing street within the platted right-of-way without filing new plats. Source: SL 1890, ch 37, art XVI, §12; RPolC 1903, §1300; RC 1919, §6355; SDC 1939, §45.1709; SL 1991, ch 74, §1.