reglab/housing_qa huggingface dataset:
SD Codified L § 46A-11-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-32 - Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.

46A-11-32. Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.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 necessity therefor may be heard. Any matter not included in the appeal is deemed waived. Source: SDC 1939, §61.1020; SDCL, §46-21-32; SL 1985, ch 362, §129.
SD Codified L § 46A-11-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-33 - Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.

46A-11-33. Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.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 due or nearly due or which may be refunded at a lower rate of interest, and may issue and sell drainage refunding bonds of the county. The bonds may be sold at par value or may be exchanged for outstanding obligations of the district. Except as otherwise stated, the provisions of this chapter apply to issuance, sale, and payment of the bonds. Source: SDC 1939, §61.1021; SDCL, §46-21-33; SL 1985, ch 362, §130.
SD Codified L § 46A-11-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 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.

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.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 levied on real property not then in default in payment of taxes or assessments. If the board determines that the funding will not be sufficient to pay interest and principal, the board shall make a new apportionment of assessment against lands charged with the cost of the project and the assessment shall be extended, collected, and paid in the same manner as other project assessments. Source: SDC 1939, §61.1022; SDCL, §46-21-34; SL 1985, ch 362, §131.
SD Codified L § 46A-11-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-36 - Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.

46A-11-36. Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.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 shall proceed to all lands benefited by the project in like manner as if the appraisement and apportionment of benefits had never been made. The board shall proceed in the manner provided in this chapter, using as a basis the entire cost of the project. In assessment of benefits, account shall be taken of assessments, if any, that have been paid by those benefited and credit shall be given accordingly. Source: SDC 1939, §61.1026; SDCL, §46-21-36; SL 1985, ch 362, §133.
SD Codified L § 46A-11-37 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-37 - Abandonment and abolition of drainage--Assessments and liens not affected.

46A-11-37. Abandonment and abolition of drainage--Assessments and liens not affected.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, ch 362, §134.
SD Codified L § 46A-11-38 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11 - Drainage Assessments And Bonds|Section 46A-11-38 - Refunding excess assessments.

46A-11-38. Refunding excess assessments.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, §135; SL 1992, ch 60, §2.
SD Codified L § 46A-11A-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-1 - Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage.

46A-11A-1. Statewide mediation program to assist property owners in resolving disputes over surface or subsurface water drainage.The Department of Agriculture and Natural Resources shall establish and administer a statewide mediation program to provide assistance to property owners who seek to use mediation as a method to resolve disputes over the surface or subsurface drainage of water.The secretary of the Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 necessary for mediation, including the establishment of fees, training requirements for mediators, mediation request forms, mediation timeline, notification and intervention procedures, and any other mediation procedures as may be necessary for the mediation of drainage disputes. The parties to the mediation created under this chapter shall be limited to the person or parties that own or administer real property impacted by the planned drainage or drainage dispute. Source: SL 2015, ch 226, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-2 - Staff services provided by Department of Agriculture and Natural Resources.

46A-11A-2. Staff services provided by Department of Agriculture and Natural Resources.All staff services required by the drainage mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ agents and employees as the secretary deems necessary. The mediation services shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources. All expenses incurred in carrying on the work of the drainage mediation program, including the per diem and expenses of the staff, salaries, contract payments, department notice requirements, and any other items of expense shall be paid out of funds appropriated or otherwise made available to the farm mediation operating fund. Source: SL 2015, ch 226, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-3 - Fees--Farm mediation operating fund.

46A-11A-3. Fees--Farm mediation operating fund.Any fees incurred in the mediation process provided under this chapter and by rule shall be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm mediation operating fund. All money in the farm mediation operating fund is continuously appropriated for the purposes of administering the drainage mediation program. Any disbursements from the farm mediation operating fund shall be by authorization of the secretary of agriculture and natural resources. Source: SL 2015, ch 226, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-4 - Contracts for mediation services.

46A-11A-4. Contracts for mediation services.The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more governmental entities, nonprofit corporations, individuals, or other entities as determined by the Department of Agriculture and Natural Resources to provide mediation services of drainage disputes. Source: SL 2015, ch 226, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-5 - Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.

46A-11A-5. Parties to drainage dispute, property owners, and governmental entities affected by drainage activity--Meeting notice--Publication of public notice.The requesting party shall promptly provide to the Department of Agriculture and Natural Resources, upon the agreement of at least two parties to enter into the mediation program created under this chapter, a list of other parties to the drainage dispute and any property owner and any county, municipality, township, or any agency of state or federal government reasonably determined by the requesting party to be affected by the drainage activity. The Department of Agriculture and Natural Resources shall send a mediation meeting notice to the identified parties, setting a time and place for an initial mediation meeting between the parties to the dispute and a mediator. This notice shall be in conjunction with a public notice of the mediation by the Department of Agriculture and Natural Resources that shall be published once each week for two consecutive weeks in one of the official newspapers designated by the county or counties where the real property involved in the drainage dispute is located. The last publication shall be published before the initial mediation meeting. The unintentional failure to notify any party who may potentially be impacted by the drainage activity may not prevent the mediation from being scheduled or completed. No notice is necessary to any property owner within the boundaries of a municipality. Source: SL 2015, ch 226, §5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-6 - Written agreements.

46A-11A-6. Written agreements.Any agreement reached between the parties to the drainage dispute as a result of mediation shall be drafted into a written agreement. If signed by the parties, the agreement constitutes a binding contract, and the mediator shall so certify. Source: SL 2015, ch 226, §6.
SD Codified L § 46A-11A-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-7 - Confidentiality of information.

46A-11A-7. Confidentiality of information.Information relating to the dispute between the parties to the drainage dispute which is disclosed to the mediator or which is created, collected, or maintained by the Department of Agriculture and Natural Resources mediation program pursuant to the terms of this chapter is confidential to the extent agreed by the parties or provided by state law.All mediation meetings, and all mediation activities provided by this chapter, are exempt from the provisions of chapter 1-27. Source: SL 2015, ch 226, §7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 46A-11A-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-8 - Immunity of mediators.

46A-11A-8. Immunity of mediators.Any person serving as a mediator pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the person was acting in good faith, in a reasonable and prudent manner, and within the scope of such person's official functions and duties as a mediator. Source: SL 2015, ch 226, §8.
SD Codified L § 46A-11A-9 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 11A - Mediation Of Drainage Disputes|Section 46A-11A-9 - Intervention in mediation process.

46A-11A-9. Intervention in mediation process.Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim of impact is supported by a claim that the person or party owns or administers real property impacted by the planned drainage. The request for intervention shall be supported by evidence that the intervention is necessary to protect the person's or party's property interests and that those interests will not be adequately represented by the existing parties. In considering the application for intervention, the mediator shall determine whether an applicant may intervene and whether the interest of the applicant presents a property, health, or safety issue impacted by the mediation and whether the interests of the potential interveners will not be protected by the existing parties. Source: SL 2015, ch 226, §9.
SD Codified L § 46A-13-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-1 - Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.

46A-13-1. Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.At least fifty affected South Dakota resident landowners, or the county commissioners of any affected county, may file a petition with the clerk of the circuit court for the affected county requesting the formation of a drainage district as provided in this chapter. The provisions of this section apply to any land bordering upon any body of water or stream forming the boundary line between this state and any other state, or any land included in a natural drainage basin along or extending across the boundary line of the state. For purposes of this section, an affected county is a county that lies within or partly within such territory, and an affected landowner is a South Dakota resident landowner who owns at least ten acres of such land as shown by the records of the register of deeds and clerk of courts of the county in which the land is situated. If the land is sold under a contract for deed, which is of record in the office of the register of deeds, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners of the territory described in the petition.Within ten days after the petition is filed, the court shall, by order, fix a time and place within the territory named in the petition for a hearing upon the petition. Notice of the hearing shall be published in at least one legal weekly newspaper published in each affected county, for two successive weeks, the last publication to be at least ten days before the day set for hearing. Source: SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL §46-23-1; SL 2011, ch 165, §505.
SD Codified L § 46A-13-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-2 - Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.

46A-13-2. Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.Upon the filing of such petition and the giving of such notice, such circuit court shall have full jurisdiction of all matters referred to in such petition. Upon the hearing specified in such notice such court shall have full authority by order to fix and determine, and shall by order fix and determine the boundary line of such drainage district, either as designated in the petition or as subsequently modified, which shall as far as practicable include territory that forms one drainage basin and is affected by like or similar conditions, and that can properly be united in one drainage project for all the purposes of this chapter, and shall designate a name by which such district shall be known. Source: SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL, §46-23-2.
SD Codified L § 46A-13-3 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-3 - Powers of interstate drainage district--Public corporation--Suits by and against district.

46A-13-3. Powers of interstate drainage district--Public corporation--Suits by and against district.Such drainage district shall be and become a public corporation under the laws of this state and may sue and be sued and have and exercise the powers conferred by this chapter or any other provision of the laws of this state relating to drainage districts. Source: SDC 1939, §61.1101; SL 1964, ch 222, §1; SDCL, §46-23-3.
SD Codified L § 46A-13-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-4 - Governing commission of interstate drainage district--Number and selection of members.

46A-13-4. Governing commission of interstate drainage district--Number and selection of members.After the formation of the drainage district as prescribed in §§46A-13-1 to 46A-13-3, inclusive, a governing commission of three members shall be chosen as provided in this section. If the territory included within the district is within a single county, the governing board shall be chosen by the county commissioners of the county. If the territory included within the district lies within two counties, the governing board shall be chosen by the joint meeting and action of the boards of county commissioners of the counties. If the territory included within the district lies within three or more counties, the governing board shall be chosen by the chairs of the boards of county commissioners of the counties meeting and acting jointly. The boards of county commissioners, or the chair of the boards, as the case may be, shall promptly meet and appoint the governing board of the district. Source: SDC 1939, §61.1102; SDCL §46-23-4; SL 2011, ch 165, §506.
SD Codified L § 46A-13-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-5 - Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.

46A-13-5. Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.Such governing board shall consist of three resident freeholders of this state, who shall be voters of the drainage district and who shall be known as the commissioners of such district. Such commissioners shall hold office for a period of two years from and after the date of their appointment and until their successors are appointed and qualified, and vacancies on such board shall be filled by appointment as in the first instance. Source: SDC 1939, §61.1102; SDCL, §46-23-5.
SD Codified L § 46A-13-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-6 - Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.

46A-13-6. Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.The commissioners of such drainage district shall take the oath and give the bond provided by law for members of the board of county commissioners, which oath and bond shall be filed with the county auditor of the county wherein the petition for the formation of the drainage district was filed, and such bond shall be subject to the approval of the board of county commissioners of such county. Source: SDC 1939, §61.1102; SDCL, §46-23-6.
SD Codified L § 46A-13-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-7 - Organization of commission--Time--Officers--Costs.

46A-13-7. Organization of commission--Time--Officers--Costs.The commissioners shall, within ten days after their appointment, meet at some convenient place within the drainage district and elect one of their members as chair. They shall appoint the county auditor of one of the counties having territory included within the district clerk of the commission, whose duties are to keep and preserve the records of the commission in his or her office and to act generally as the clerical officer of the commission. Thereafter, the office of the county auditor is the office of the drainage commission. The board of county commissioners of the county shall provide additional help and facilities necessary for the auditor to act as clerk of the commission. The cost of the additional help and facilities shall be ascertained by the commission, and included as part of the cost of the drainage proceeding conducted by the commission, and shall be collected by the commission and repaid to the county. The filing of any petition, report, or document with the county auditor for all purposes of this chapter is deemed a filing with the commission. Source: SDC 1939, §61.1104; SDCL §46-23-7; SL 2011, ch 165, §507.
SD Codified L § 46A-13-8 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-8 - Compensation of commissioners.

46A-13-8. Compensation of commissioners.The commissioners of such drainage district shall be paid the sum of seven dollars per day for each day actually and necessarily spent in performing the duties of their office and in addition their actual expenses incurred in performing such duties. Source: SDC 1939, §61.1102; SDCL, §46-23-8.