reglab/housing_qa huggingface dataset:
SD Codified L § 38-7-30 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 07 - Division Of Resource Conservation And Forestry|Section 38-7-30 - Form of award--Promulgation of rules.

38-7-30. Form of award--Promulgation of rules.Each recipient shall receive a sign displaying the words "South Dakota Soil Conservation Award" "Award Winning Soil Conservation Farm" and the year of the award. The South Dakota Conservation Commission shall promulgate rules pursuant to chapter 1-26 governing the soil conservation award program. The rules shall include the following:(1)Criteria for selecting award recipients in accordance with the requirements of §38-7-29 and this section, which shall include efforts to maintain grass waterways and eliminating cultivation of waterways; terracing; crop rotation; leaving crop residue after harvesting; and no till;(2)Procedures for nominating and selecting award recipients;(3)Procedures to publicize and raise awareness of the need for soil conservation practices as outlined in subdivision (1) of this section;(4)Other procedures necessary for the administration of the award program. Source: SL 2008, ch 207, §2.
SD Codified L § 38-8-1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-1 - Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.

38-8-1. Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.Any ten percent of the voters registered for the last general election within the limits of a territory proposed to be organized into a conservation district may file a petition with the State Conservation Commission asking that a conservation district be organized to function in the territory described in the petition. The petition shall set forth:(1)The proposed name of the district;(2)That there is need in the interest of public health, safety, and welfare, for a conservation district to function in the territory described in the petition;(3)A description of the territory proposed to be organized as a district;(4)A request that the commission duly define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a conservation district in the territory; and that the commission determine that such a district be created.If more than one petition is filed covering parts of the same territory, the commission may consolidate all or any such petitions. The petition shall be filed before April first of the year in which a general election is to be held. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §3; SDC Supp 1960, §4.1507 (1); SL 1994, ch 316, §1.
SD Codified L § 38-8-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-2 - Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.

38-8-2. Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.Within sixty days after a petition under §38-8-1 has been filed with the commission, the commission shall publish a notice as defined in §38-7-2 of a hearing upon the question of the:(1)Desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of a conservation district;(2)Appropriate boundaries to be assigned to the district; and(3)Propriety of the petition and other proceedings taken under this chapter.Any interested party may attend the hearing and be heard. If it appears at the hearing that it may be desirable to include within the proposed district territory outside of the area within which the notice of the hearing has been given, the hearing shall be adjourned. The commission shall publish a notice pursuant to §38-7-2 of further hearing that shall be conducted for the entire area considered for inclusion in the district. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2); SL 1994, ch 316, §2; SL 2018, ch 240, §4.
SD Codified L § 38-8-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-3 - Factors considered in hearing on petition for organization of district.

38-8-3. Factors considered in hearing on petition for organization of district.In making the determination required by §38-8-4 and in defining the boundaries of a conservation district, the State Conservation Commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration, and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions to other conservation districts, already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative policy set forth in §38-7-1. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
SD Codified L § 38-8-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-4 - Determination of need for district--Establishment of boundaries.

38-8-4. Determination of need for district--Establishment of boundaries.After a hearing pursuant to §38-8-2, if the State Conservation Commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available that there is need, in the interest of public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. The territory to be included within such boundaries need not be contiguous. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
SD Codified L § 38-8-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-5 - Determination of no need and denial of petition--Time for filing new petitions.

38-8-5. Determination of no need and denial of petition--Time for filing new petitions.If the State Conservation Commission shall determine after a hearing pursuant to §38-8-2, after due consideration of the relevant facts mentioned in §38-8-3, that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided by §38-8-1 and new hearings held and determinations made thereon. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (2).
SD Codified L § 38-8-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-6 - Consideration of administrative practicability and feasibility of district.

38-8-6. Consideration of administrative practicability and feasibility of district.After the State Conservation Commission has made and recorded a determination that there is need for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (3).
SD Codified L § 38-8-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-7 - Referendum on creation of district--Form of ballot--Right to vote.

38-8-7. Referendum on creation of district--Form of ballot--Right to vote.To assist the State Conservation Commission in the determination of the administrative practicability and feasibility of a conservation district, the commission shall hold a referendum within the proposed district upon the proposition of the creation of the district, and shall cause due notice of the referendum to be given. The question shall be submitted by ballot upon which the words "For creation of a conservation district of the lands below described and lying in the counties of __________ and __________" and "Against creation of a conservation district of the lands below described and lying in the counties of __________ and __________" shall be inserted, with a square before each proposition and a direction to insert a cross or check mark in the square before one or the other of said propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the commission. Any voter registered for the most recent general election within the boundaries of the territory, as determined by the commission, may vote in the referendum. The Division of Resource Conservation and Forestry shall certify the need for a referendum to the county auditors of the counties comprising the territory of the proposed district. The certification shall be provided before June first of the year in which the general election is to be held, to facilitate the election required by §38-8-15, and pursuant to the requirements of §38-8-39. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (3); SL 1994, ch 316, §3.
SD Codified L § 38-8-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-8 - Timing of referendum on creation of district.

38-8-8. Timing of referendum on creation of district.The elections held under §38-8-7 shall be conducted at the next general election within the county or counties comprising the territory of the proposed conservation district. Source: SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1994, ch 316, §4.
SD Codified L § 38-8-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-9 - Conduct of election on creation of district--Certification of results.

38-8-9. Conduct of election on creation of district--Certification of results.The conduct of any election held under §38-8-7 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the State Conservation Commission by the county commission of each county in which the election is conducted. Source: SL 1959, ch 3, §7; SDC Supp 1960, §4.1507-1; SL 1986, ch 326, §9; SL 1994, ch 316, §5.
SD Codified L § 38-8-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-10 - Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.

38-8-10. Notices and conduct of hearings and referenda--Procedural regulations--Referendum not invalidated by informalities.The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by §38-8-2. No informalities in the conduct of the referendum or in any related matters may invalidate the referendum or the result of the referendum if notice of the referendum has been given substantially as provided in subdivision 38-7-2(5) and the referendum has been fairly conducted. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (4); SL 1986, ch 326, §10; SL 1994, ch 316, §6.
SD Codified L § 38-8-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-11 - Vote required to authorize creation of district--Extent of participation in voting required.

38-8-11. Vote required to authorize creation of district--Extent of participation in voting required.The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district are cast in favor of the creation of the district. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5); SL 1994, ch 316, §7.
SD Codified L § 38-8-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-12 - Publication of referendum results--Determination and recording of administrative practicability and feasibility.

38-8-12. Publication of referendum results--Determination and recording of administrative practicability and feasibility.The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the commission shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and the Division of Resource Conservation and Forestry shall proceed with the organization of the district in the manner provided in §§38-8-15 to 38-8-17, inclusive. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5).
SD Codified L § 38-8-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-13 - Factors considered in determining administrative practicability and feasibility.

38-8-13. Factors considered in determining administrative practicability and feasibility.In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carrying on erosion control operations within the district and other relevant economic and social factors pursuant to the legislative policy set forth in §38-7-1. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §4; SDC Supp 1960, §4.1507 (5); SL 1994, ch 316, §8.
SD Codified L § 38-8-14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-14 - Time for filing new petitions after denial of district.

38-8-14. Time for filing new petitions after denial of district.After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided by §38-8-1, and action taken thereon in accordance with the provisions of this chapter. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (7).
SD Codified L § 38-8-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-15 - Election of initial supervisors--District as governmental subdivision.

38-8-15. Election of initial supervisors--District as governmental subdivision.At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in §38-8-39. The election of the supervisors is null and void if the referendum on the establishment of the district fails. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the proceedings described in §§38-8-16 and 38-8-17. Source: SL 1937, ch 19, §§5, 7; SDC 1939, §§4.1507, 4.1509; SL 1947, ch 11; SL 1947, ch 12; SL 1953, ch 7, §1; SL 1957, ch 4, §3; SDC Supp 1960, §§4.1507 (6), 4.1509 (1); SDCL, §38-8-38; SL 1968, ch 1, §5; SL 1994, ch 316, §9.
SD Codified L § 38-8-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-16 - Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.

38-8-16. Application filed with secretary of state by elected supervisors--Contents--Accompanying statement by commission.The five supervisors elected pursuant to §38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain:(1)A statement that a petition for the creation of the district was filed with the State Conservation Commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to the petition;(2)The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office and their term of office;(3)The name proposed for the district;(4)The location of the principal office for the district.This application shall be accompanied by a statement of the State Conservation Commission setting forth the boundaries of the district and certifying that the proceedings specified in this chapter have been fulfilled. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (6); SL 1968, ch 1, §5; SL 1994, ch 316, §10.
SD Codified L § 38-8-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-17 - Filing and recording of application and statement--Issuance of certificate of organization.

38-8-17. Filing and recording of application and statement--Issuance of certificate of organization.The secretary of state shall file and record the application and statement required by §38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The secretary of state shall make no charge for the services herein required. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (6).
SD Codified L § 38-8-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-18 - Certificate of organization as proof of establishment of district.

38-8-18. Certificate of organization as proof of establishment of district.In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance by the secretary of state of the certificate described by §38-8-17. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SDC Supp 1960, §4.1507 (9).
SD Codified L § 38-8-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-19 - Petition for inclusion of additional territory--Procedure.

38-8-19. Petition for inclusion of additional territory--Procedure.Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§38-8-2 to 38-8-18, inclusive, in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. If two-thirds of the voters registered for the last general election in an area proposed for inclusion or addition to an existing district file a petition with the commission for inclusion, the area shall be included within the district. Source: SL 1937, ch 19, §5; SDC 1939, §4.1507; SL 1947, ch 11; SL 1959, ch 3, §5; SDC Supp 1960, §4.1507 (8); SL 1994, ch 316, §11.
SD Codified L § 38-8-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-20 - Inclusion of additional territory by amendment of charter--Notice and hearing.

38-8-20. Inclusion of additional territory by amendment of charter--Notice and hearing.Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided.The conservation district supervisors shall give due notice, as determined by the supervisors, of the intent to include such lands within the district and said notice to include the time, date and place of a hearing upon the inclusion of such lands. Said notice shall be given not less than thirty days prior to the date set for said hearing. All persons attending the hearing shall have an opportunity to be heard on the proposition of including such lands within the district. Source: SL 1964, ch 7.
SD Codified L § 38-8-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-21 - Resolution to include additional territory--Effective date.

38-8-21. Resolution to include additional territory--Effective date.After giving due consideration to testimony presented at the hearing required by §38-8-20, and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including such lands within the district and file a copy of the resolution and notice of hearing with the secretary of state.The inclusion of such lands within the district will become effective upon filing of said records with the secretary of state. Source: SL 1964, ch 7.
SD Codified L § 38-8-22 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 08 - Conservation Districts|Section 38-8-22 - Petition for combination or division of districts--Number of signers--Form.

38-8-22. Petition for combination or division of districts--Number of signers--Form.Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a part of a divided district. Any such petition shall be signed by at least ten percent of the voters registered at the last general election and a majority of the supervisors within each district to be affected. The commission shall prescribe the forms for such petitions. Source: SDC 1939, §4.1517 (1) as enacted by SL 1947, ch 13; SL 1968, ch 1, §13; SL 1994, ch 316, §12.