reglab/housing_qa huggingface dataset:
SD Codified L § 46A-13-9 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-9 - Contract for joint action with adjoining state for drainage or flood control.

46A-13-9. Contract for joint action with adjoining state for drainage or flood control.The commissioners of a drainage district formed pursuant to this chapter may, if necessary or expedient to carry out the purposes of this chapter, enter into a contract or agreement with the court, board, or tribunal of an adjoining state having authority relative to drainage matters in that state, including the right to raise, lower, or fix the stage of water in boundary waters, or with the United States government under its authorized authority. The contract or agreement shall be for joint action with the adjoining state for drainage or flood control measures that cause benefits or damages to, or otherwise affect, property in this state and the adjoining state. The provisions of this section apply to any lake, pond, or other body of water, or any river, stream, or watercourse that forms to any extent a boundary line between this state and any other state, and to any land included within a natural drainage basin lying along or extending across the boundary line of the state. The contract or agreement may be for the following purposes:(1)To facilitate drainage into or from, or to control to any extent flood waters into, through, or from any such lake, pond, body of water, river, stream, or watercourse, or into or from any such land;(2)For purposes of flood control, to raise, lower, or otherwise affect the stage or depth of water;(3)For the joint establishment and construction of all necessary ditches, drains, canals, dikes, levees, dams, locks, spillways, or other structures necessary to provide a proper watercourse;(4)For deepening, widening, and straightening of the channels of any river, stream, or watercourse;(5)For controlling by dikes or levees the flow of water in a manner necessary to effectuate the provisions of this chapter; and(6)For securing and providing the necessary drainage facilities and control of flood waters into, through, and from the boundary waters and the rivers, streams, or ditches connected with the boundary waters and for properly draining any natural drainage basin.In order to implement the contract or agreement the commissioners may determine the damages and benefits that may result to property located within the drainage district, and may provide funds to implement the contract or agreement by special assessment upon the property benefited according to the benefits received, as provided in this chapter. Source: SDC 1939, §61.1103; SDCL §46-23-9; SL 2011, ch 165, §508.
SD Codified L § 46A-13-10 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-10 - Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.

46A-13-10. Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.At least twenty-five South Dakota resident owners of not less than ten acres of land each within an interstate drainage district formed pursuant to this chapter, or the governing body of any county or municipality located within the district that is likely to be affected by a proposed improvement, may file a petition with the district commission setting forth the necessity for an improvement to be constructed by joint arrangement and cooperation with the authorities of another state. The petition shall include a general description of the proposed improvement. If the proposed improvement involves a ditch or watercourse, the petition shall describe the starting point, the general route, and terminus, together with a description of the territory likely to be affected. If the improvement involves the raising, lowering, or impounding of water in any body of water or stream, the petition shall include a description of the body of water or watercourse and the proposed changes to be made, and shall state the purpose for the changes and a description of the land likely to be affected by the changes. The petition shall request the construction of any of the drainage or flood control improvements referred to in this chapter.The district commission has jurisdiction over all matters referred to in the petition in the counties named within the limits of the district. In addition, the commission may make joint contracts or agreements with the court, tribunal, or other body in the adjoining state, having authority relative to drainage and control of flood waters, for the appointment of one or more engineers to secure a joint survey of the territory affected by the proposed improvement. The joint survey shall be for purposes of considering the adoption of a joint plan for cooperation in supplying the necessary drainage of lands affected by the improvement, and impounding and controlling flood waters in and the outlet from the affected lands. In selecting the engineers, preference shall be given to state engineers or engineers in charge of state drainage in the respective states.For purposes of this section, status as a resident owner of land within an interstate drainage district is as shown by the records in the offices of the register of deeds and the clerk of courts of the county in which the land is situated. If the land is sold under contract for deed, which is of record in the office of the register of deeds of the county, both the landowner and the individual purchaser of the land, as named in the contract for deed, shall be treated as owners. Source: SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL §46-23-10; SL 2011, ch 165, §509.
SD Codified L § 46A-13-11 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-11 - Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.

46A-13-11. Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.Before acting upon the petition for such improvements, such interstate drainage district commission shall require the petitioners to furnish a bond with proper sureties to be approved by such commission in such sum as it may designate, to secure the payment of all expenses which may be incurred in such proceeding in the event that such improvement be not ordered constructed by such commission. Source: SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL, §46-23-11.
SD Codified L § 46A-13-12 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-12 - Survey and report of engineers--Time for completion and filing.

46A-13-12. Survey and report of engineers--Time for completion and filing.The interstate drainage district commission and the authorities representing drainage in the adjoining state may make all necessary orders and regulations relative to the making of the survey and report of the engineers appointed under §46A-13-10 and may specify all information required in such report and the time within which the report shall be completed and filed with the commission and with the authorities in the adjoining state. Source: SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL §46-23-12; SL 2011, ch 165, §510.
SD Codified L § 46A-13-13 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-13 - Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.

46A-13-13. Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.In the event the proposed improvement affects a navigable stream or body of water, and as such is under the control of the United States government, any surveys or plans for improvements made and furnished by the United States government engineers which may be submitted may be used for the purpose of securing and adopting a joint plan. Source: SDC 1939, §61.1105; SL 1964, ch 222, §2; SDCL, §46-23-13.
SD Codified L § 46A-13-14 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-14 - Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.

46A-13-14. Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.Upon the filing of the report of the engineers appointed to make the joint survey, which in all instances shall be made at the earliest possible date, the interstate drainage district commission, together with the representatives of the adjoining state or states, shall consider the report with the view of providing a joint plan for the construction of the proposed improvement. After full consideration of the report and all information obtainable about the matters included in the report and the proposed improvement, the commission may arrange for a joint plan with the authorities or representatives of the other state or states, and adopt the joint plan for the construction of the proposed improvement, if the commission determines that the plan is practicable and for the best interests of the district. The order of the commission determining the joint plan, together with a copy of the plan, shall be made a record of the commission. Source: SDC 1939, §61.1106; SDCL §46-23-14; SL 2011, ch 165, §511.
SD Codified L § 46A-13-15 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-15 - Commission of viewers--Appointment--Report.

46A-13-15. Commission of viewers--Appointment--Report.Upon the adoption of the joint plan, the interstate drainage district commission, together with the representatives of any adjoining state, may appoint a commission of viewers consisting of three disinterested persons, at least one of whom shall be a citizen of this state, who may examine in detail the full improvement proposed and all property affected by the proposed improvement. The commission of viewers shall report of its findings, as the commission of the drainage district and the representatives of any adjoining state require, relative to all benefits and damages that will result from the improvement. The report shall address benefits and damages from the improvement affecting highways, railway companies, and municipal corporations, and shall include a description of each piece of property and the name of each company or corporation affected by the improvement. The report shall give the amounts of benefits and damages that may result to the property or corporations from the construction of the improvement, together with the estimated cost of the improvement including all damages and expenses connected with the improvement, and the aggregate amount of benefits that will result from the improvement. Source: SDC 1939, §61.1107; SDCL §46-23-15; SL 2011, ch 165, §512.
SD Codified L § 46A-13-16 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-16 - Estimation of total cost of construction of proposed improvement of interstate drainage project.

46A-13-16. Estimation of total cost of construction of proposed improvement of interstate drainage project.In estimating the probable total cost of the construction of such improvement, all damages resulting therefrom and all expenses and fees attending the same, including counsel fees, except the expenses of the representatives of the various states, may be included. Source: SDC 1939, §61.1107; SDCL, §46-23-16.
SD Codified L § 46A-13-17 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-17 - Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.

46A-13-17. Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.Upon the filing of a copy of the viewers' report with the commission of the drainage district, the commission and the proper representatives of any adjoining state shall agree upon the proportionate amount of the cost of the improvement that shall be borne by the property located within the respective states, which shall be according to the benefits received. For the purpose of arriving at the determination of costs and benefits, the commission, with or without the representatives of any adjoining state, may hold hearings. From all the information obtained from the report of the viewers and from the hearings, the commission shall arrive at and agree with the representatives of any adjoining state upon the proportionate amount of the cost of the improvement to be borne by the property located within the drainage district, and shall enter the determination of record. Source: SDC 1939, §61.1107; SDCL §46-23-17; SL 2011, ch 165, §513.
SD Codified L § 46A-13-18 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-18 - Determination by commission fixing proportion of cost payable by district--Finality.

46A-13-18. Determination by commission fixing proportion of cost payable by district--Finality.The determination so made by the drainage commission fixing the proportion of the cost of the proposed improvement that shall be paid by such drainage district shall be final and conclusive on all persons and property within such district in case the improvement is constructed. Source: SDC 1939, §61.1107; SDCL, §46-23-18.
SD Codified L § 46A-13-19 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-19 - Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.

46A-13-19. Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.After the establishment of the joint plan and the determination of the proportion of cost which shall be borne by the respective states, the drainage commission shall fix a time and place within the district for the hearing of the petition to construct such improvement according to the joint plan as adopted and with the cost to be divided and apportioned as determined. Source: SDC 1939, §61.1108; SDCL, §46-23-19.
SD Codified L § 46A-13-20 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-20 - Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.

46A-13-20. Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.Notice of such hearing shall be given by publication for two consecutive issues in a legal weekly newspaper of each county affected by the proposed improvement, and by posting copies of such notice in at least three public places near the route of the proposed drainage within the drainage district. Such notice shall describe the location and plan of the proposed drainage improvement and the tract of country likely to be affected thereby in general terms, the separate tracts of land, if any, through which the proposed improvement will pass or be located, and give the names of the owners thereof as appears from the records of the office of the register of deeds at the date of the filing of the petition, and shall refer to the files in the proceedings for further particulars. Such notice shall summon and require all persons affected by the proposed improvement to appear at such hearing and show cause why such improvement should not be established and constructed, and shall summon all persons deeming themselves damaged by the proposed drainage or claiming compensation for the lands proposed to be taken or damaged by such improvement to present their claims therefor at such hearing. Source: SDC 1939, §61.1108; SDCL, §46-23-20.
SD Codified L § 46A-13-21 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-21 - Hearing on proposed improvement of interstate drainage project--Appearance for or against.

46A-13-21. Hearing on proposed improvement of interstate drainage project--Appearance for or against.At such hearing any person interested may appear for or in opposition to the statements of the petition and matters set forth in the engineers' and viewers' reports and findings and agreement of the drainage commission with the representatives of the other state or states for a joint plan and for proportioning the cost of such improvement. Source: SDC 1939, §61.1109; SDCL, §46-23-21.
SD Codified L § 46A-13-22 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-22 - Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.

46A-13-22. Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.Such drainage commission may in its discretion adjourn such hearing for the purpose of conferring with the representatives of the other state or states relative to modifying the joint plan, or relative to modifying the findings as to the proportion of the cost to be borne by each state. If such modification is made, the same shall be entered of record as in case of the original order therefor. Source: SDC 1939, §61.1109; SDCL, §46-23-22.
SD Codified L § 46A-13-23 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-23 - Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.

46A-13-23. Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.If the drainage commission has fully heard and considered the petition and the joint plan as adopted or modified, the report of the engineers and viewers, and the determination as to the proportion of cost to be borne by this state, and if the commission finds the proposed drainage improvement not conducive to the public health, convenience, or welfare, or not needed or practicable for the purpose of draining agricultural lands, or that the proportion of the cost of the proposed improvement to be borne by this state will be greater than the benefits conferred, the commission shall deny the petition for the drainage improvement. The petitioners are jointly and severally liable for the cost and expenses of the proceeding thus far made and incurred by the drainage commission, and the costs and expenses may be recovered in a civil action. Source: SDC 1939, §61.1109; SDCL §46-23-23; SL 2011, ch 165, §514.
SD Codified L § 46A-13-24 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-24 - Establishment of drainage improvement by commission--Grounds--Designation of name.

46A-13-24. Establishment of drainage improvement by commission--Grounds--Designation of name.If the drainage commission finds the drainage improvement proposed and finally agreed upon with the representatives of the other state or states conducive to the public health, convenience, or welfare, or necessary or practicable for draining agricultural lands, and that the cost thereof apportioned to be paid by this state does not exceed the benefits conferred, it shall establish such drainage improvement and give the same a name so far as the same shall be within the limits of this state. Source: SDC 1939, §61.1109; SDCL, §46-23-24.
SD Codified L § 46A-13-25 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-25 - Costs borne by state--Assessments--Warrants.

46A-13-25. Costs borne by state--Assessments--Warrants.The cost of services and expenses of the drainage commission, all fees, costs and expenses relating to the procedure for assessing damages, costs of the equalization of benefits and costs of making assessments and issuance of warrants or bonds shall be added to the proportionate cost of construction of improvements borne by the state. It is intended that each state shall bear the expenses of its own representative or tribunal in making joint drainage improvement. All other costs and expenses of the procedure in making an improvement shall be borne jointly by the states according to the proportion of benefits theretofore determined. The commission may make one or more assessments for the purpose of raising money, or it may, in advance of making assessments, issue warrants payable only from assessments to be thereafter made. The warrants shall bear interest at a rate to be negotiated by the parties and may not be sold at less than their face value. Source: SDC 1939, §61.1111; SDCL, §46-23-25; SL 1983, ch 28, §61.
SD Codified L § 46A-13-26 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.

46A-13-26. Damages caused by construction of proposed improvement--Assessment, hearing, appeal.The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the matter of damages or compensation for property taken or damaged, and the determination of the drainage commission shall be final unless an appeal therefrom shall be taken as provided in this chapter, and failure to prosecute such appeal or to appear and contest an award of damages by the commission shall be conclusively deemed a waiver of any such damages or compensation, or of any claimant's right to have the same assessed by a jury. Source: SDC 1939, §61.1109; SDCL, §46-23-26.
SD Codified L § 46A-13-27 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-27 - Establishment of drainage improvement and determination of damages--Equalization of benefits.

46A-13-27. Establishment of drainage improvement and determination of damages--Equalization of benefits.After the establishment of the drainage improvement and the determination of the damages, if any, the drainage commission shall fix the proportion of benefits of the proposed drainage among the lands or municipal corporations affected and equalize the same in like manner and after like notice as provided for the equalization of benefits in drainage matters by boards of county commissioners. Source: SDC 1939, §61.1110; SDCL, §46-23-27.