reglab/housing_qa huggingface dataset:
SD Codified L § 46A-13-28 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-28 - Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.

46A-13-28. Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.After the establishment of the drainage improvement and the determination of the damages and the fixing of the proportion of benefits by the drainage commission, such commission shall proceed to raise the money with which to pay the portion of the cost of the construction of such improvement required to be paid by such drainage district. Such money shall be raised by an assessment to be made by such commission against each tract and property affected by the improvement within the district in proportion to the benefits fixed. Source: SDC 1939, §61.1111; SDCL, §46-23-28.
SD Codified L § 46A-13-29 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-29 - Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.

46A-13-29. Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.For the prompt raising of money with which to bear the proportionate cost of such proposed drainage improvement, such commission may issue bonds in the same manner and with the same effect as boards of county commissioners are authorized to issue bonds in drainage proceedings. Such commission may sell such bonds at not less than the par value thereof as it may deem best for the interests of all persons within this state affected by such drainage, any premium received on such bonds to be credited to the fund of the particular drainage. Source: SDC 1939, §61.1111; SDCL, §46-23-29.
SD Codified L § 46A-13-30 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-30 - Assessments for drainage purposes--Authority of commissioners of interstate drainage district.

46A-13-30. Assessments for drainage purposes--Authority of commissioners of interstate drainage district.All of the provisions of the laws of this state relating to the making of assessments by the board of county commissioners for drainage purposes, so far as the same shall be applicable and not inconsistent with the provisions of this chapter, shall apply to assessments by such drainage commission, and such commission shall exercise within its drainage district the same power and authority relating to making assessments for drainage purposes as are conferred upon a board of county commissioners within its county. Source: SDC 1939, §61.1111; SDCL, §46-23-30.
SD Codified L § 46A-13-31 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-31 - Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.

46A-13-31. Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.After the drainage commission makes a special assessment, a certified copy of the order making the assessment, or as much as relates to property within each county, shall be filed with the county treasurer of each county for collection. From the time of filing, the assessments are due and payable. They are perpetual liens upon the respective tracts so assessed against all persons or governments, except this state and the United States. If they are not paid within ten days, they shall bear interest from the date of the order at the Category D rate of interest as established in §54-3-16 payable annually. The assessments shall be paid to the county treasurer and held in a separate fund, all interest accrued to be credited to the fund, and shall be paid by the county treasurer upon warrants issued by the drainage commission. Source: SDC 1939, §61.1112; SDCL, §46-23-31; SL 1983, ch 28, §62; SL 1984, ch 319, §30.
SD Codified L § 46A-13-32 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-32 - Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.

46A-13-32. Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.If the funds necessary to complete the improvement are provided by the proper authorities of each affected state, the commission in this state may join with the court or tribunal of any other affected state and, by acting jointly or by a commission appointed by the affected states for that purpose, construct the drainage improvement. The affected states or the commission may make all necessary arrangements for the letting of a contract for the construction of the drainage improvement and may advertise for bids for the construction in accordance with the plans and specifications which shall be reported and provided by the engineers appointed to make the joint survey. The bids shall be received and opened at a time and place designated in the notice, and the contracts shall be let in a manner designated in the notice. All or any portion of the improvement may be contracted for separately, and the contract shall contain such conditions and provisions as the respective authorities acting jointly may require. All provisions for the completion of the improvement, the supervision of the work, and the payment for the work may be provided for by joint arrangement between the representatives of the several states. The authorities of each state, however, are responsible only for the sums arranged to be furnished by assessment or otherwise within the limits of the state. Source: SDC 1939, §61.1113; SDCL §46-23-32; SL 2011, ch 165, §515.
SD Codified L § 46A-13-33 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-33 - Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.

46A-13-33. Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.The maintenance and repair of any drainage improvement constructed by joint arrangement with the authorities of any other state, under the provisions of this chapter, may be provided for by joint arrangement with the other state in the same manner as the drainage improvement was originally established and constructed. Any provision of this chapter relating to the construction of a drainage improvement by joint action applies to the maintenance and repair of the drainage improvement if action is taken for maintenance and repair under the provisions of this chapter. The drainage commission may make assessments upon the property benefited, according to the benefit received, for the proportionate share of the maintenance and repair of any drainage improvement the maintenance and repair is arranged for under the provisions of this chapter. Source: SDC 1939, §61.1114; SDCL §46-23-33; SL 2011, ch 165, §516.
SD Codified L § 46A-13-34 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-34 - Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.

46A-13-34. Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.In the absence of such an arrangement for joint action, the repair and improvement of any such drainage shall be treated as a drainage improvement within the state, and its repair and maintenance within the limits of this state shall be provided for in accordance with the drainage laws of this state. The repair and maintenance shall be made by the drainage commission of the drainage district, and the commission for the purpose of making the repair and maintenance shall exercise all the powers conferred upon it by this chapter in drainage matters and may make assessments for the repair and maintenance of the improvement within this state on the property benefited by the improvement as provided in this chapter to raise money for the construction of the improvement. Source: SDC 1939, §61.1114; SDCL §46-23-34; SL 2011, ch 165, §517.
SD Codified L § 46A-13-35 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-35 - Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.

46A-13-35. Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.Any defect or irregularity not affecting the substantial rights of the parties interested, occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking to avoid any assessment or to cancel, annul, or declare void any proceeding held under this chapter. If the defect is substantial, the court shall of its own motion determine the rights of the parties, validate the proceeding, and assess the costs as justice may require, if the court finds cause for the validation or that the action should have been taken in the first instance and all parties interested are before the court. If for any reason an assessment is held void or set aside, the court shall immediately make an order directing the reassessment of a proper sum, with interest, against all property on which the assessment is held invalid. Upon filing the order with the drainage commission, reassessment shall be made and enforced in accordance with the order. Source: SDC 1939, §61.1115; SDCL §46-23-35; SL 2011, ch 165, §518.
SD Codified L § 46A-13-36 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 13 - Interstate Drainage Districts|Section 46A-13-36 - Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.

46A-13-36. Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of the drainage improvement, or fixing the proportion of assessments of benefits, to the circuit court for the county in which the property affected is located, by anyone aggrieved by any such order or determination. The appeal may be taken in the manner and within the time provided by law for appeals from the action of boards of county commissioners in drainage matters. The taking of such an appeal has the same effect and is determined by the court in like manner as appeals from boards of county commissioners in drainage matters, but does not stay the drainage proceedings. No appeal may be allowed from any action of the drainage commission except as provided in this section. Source: SDC 1939, §61.1116; SDCL §46-23-36; SL 2011, ch 165, §519.
SD Codified L § 46A-14-1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-1 - Purpose of chapter--Construction and administration.

46A-14-1. Purpose of chapter--Construction and administration.In order to carry out conservation of the natural resources of the state through land utilization, flood control, and other needs, upon sound scientific principles, for the protection of the public health and welfare and the provident use of the natural resources, the creation of a public corporation as an agency of the state for the aforesaid purposes is herein provided. This chapter shall be construed and administered so as to make effective the following state policy:(1)The general welfare of the people of South Dakota requires that the land and water resources of the state be conserved and put to optimum beneficial use.(2)Worthwhile land and water resource developments by the people and organizations in the state are to be encouraged in every way possible by state government and state government shall control, coordinate, and regulate the interrelationship of, and interdependence of, land and water resource projects in order to assure and maintain maximum benefits to the people of the state.(3)To this end, construction of land and water resource projects in the state shall receive the review, approval, and assistance of the administering agency of state government to the extent that proposed project works are complementary with other existing and proposed developments.(4)To this end, also, land and water resource development project proposals shall include adequate attention to continuous maintenance in order to assure that the works constructed shall continue to provide the service for which they were built and sponsors of such projects and responsible administrators of state government shall perform their duties in such a manner as to assure the benefits that accrue to the people directly affected by land and water developments are maintained and do not become a menace to or produce damage to the property of others. Source: SL 1957, ch 492, §1; SDC Supp 1960, §61.1501; SDCL, §46-24-1.
SD Codified L § 46A-14-2 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-2 - Definition of terms.

46A-14-2. Definition of terms.Terms used in this chapter mean:(1)"Conservation district," a conservation district established in accordance with state law;(2)"District," a proposed or existing watershed district as provided in this chapter;(3)"Engineer," an engineer designated by the managers to act as the engineer of the district;(4)"Hearing," a hearing scheduled and conducted by either the board of managers, conservation districts, or the Board of Water and Natural Resources, during which all interested parties shall be given a reasonable opportunity to be heard;(5)"Initiating petition," a petition as provided in this chapter for the creation or modification of a watershed district;(6)"Interested party," any public corporation or any person having an interest in the subject matter pending or involved and including the designated representative or any agency of government;(7)"Landowner," any owner of land, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing watershed district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, both the landowner and the individual purchaser of the land, as named in the contract for deed, are treated as a landowner;(8)"Managers," the board of managers of a watershed district;(9)"Person," a natural person, firm, partnership, association, limited liability company, or corporation, but not a public or political subdivision;(10)"Public corporation," a county, municipality, school district, or a political subdivision of the state, other than a watershed district; and(11)"Work" or "works," any construction, maintenance, repairs, or improvements of a watershed district. Source: SL 1957, ch 492, §2; SL 1959, ch 452, §1; SDC Supp 1960, §61.1502; SL 1965, ch 303, §1; SDCL §46-24-2; SL 1984, ch 297, §1; SL 1988, ch 367, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1992, ch 60, §2; SL 1998, ch 36, §57; SL 2013, ch 228, §5.
SD Codified L § 46A-14-4 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-4 - Conservation purposes supporting establishment.

46A-14-4. Conservation purposes supporting establishment.A watershed district may be established for any of the following conservation purposes:(1)Control or allocation of damage by floods by flood prevention structures including levees;(2)Improvement of stream channels;(3)Reclaiming or filling wet and overflowed lands;(4)Providing water supply for irrigation;(5)Regulating the flow and conserving the water of streams;(6)Diverting or changing watercourses in whole or in part;(7)Providing and conserving water supply for domestic, industrial, recreational, and other public use;(8)Providing for sanitation and public health and regulating the use of streams, ditches, or watercourses for the disposition of waste;(9)Relocate, extend, replace, modify, consolidate, or abandon in whole or in part, drainage systems within a watershed district and to operate and maintain drainage systems;(10)Imposition of preventive or remedial measures for the control or alleviation of land and soil erosion and siltation of watercourses or bodies of water affected by erosion;(11)Protection or enhancement of the water quality in watercourses or water basins;(12)Protection of groundwater; and(13)Improvement, restoration, and maintenance of lakes, streams, and wetlands. Source: SL 1957, ch 492, §4; SL 1959, ch 452, §2; SDC Supp 1960, §61.1504; SL 1965, ch 303, §2; SDCL §46-24-4; SL 1989, ch 389, §1; SL 2013, ch 228, §7.
SD Codified L § 46A-14-4.1 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-4.1 - Functions and duties of commission.

46A-14-4.1.Functions and duties of commission.The State Conservation Commission shall perform the following functions and duties with respect to watershed projects:(1)Review proposed applications for watershed planning assistance under the Federal Watershed and Flood Prevention Act (P.L. 566, 83rd Congress), as amended to January 1, 2013;(2)Develop policies and procedures for processing such applications in accordance with state law and policies;(3)Conduct field examination of watersheds with all state and federal agencies and other groups having an interest in development of watersheds;(4)Determine physical feasibility of proposals for watershed projects;(5)Recommend priorities for watershed planning assistance under federal P. L. 566;(6)Make recommendations concerning all applications for planning assistance under federal P. L. 566, to the Board of Water and Natural Resources for consideration in official actions on behalf of the State of South Dakota;(7)Assist, counsel, and advise conservation district supervisors in the organization of watershed districts under this chapter;(8)Assist conservation districts within limits of appropriations and personnel with installation and maintenance of the land treatment phase of watershed projects.The Board of Water and Natural Resources is hereby designated the state agency to act on behalf of the State of South Dakota with respect to watershed projects in order to fulfill the provisions of the Federal Watershed and Flood Prevention Act (P. L. 566, 83rd Congress), as amended to January 1, 2013. Source: SL 2013, ch 228, §8.
SD Codified L § 46A-14-5 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-5 - Initiating petition for establishment--Filing--Signatures required.

46A-14-5. Initiating petition for establishment--Filing--Signatures required.Any proceeding for the establishment of a watershed district shall be initiated by the filing of an initiating petition with each conservation district in which the proposed watershed district is located. The initiating petition shall be as provided in §6-16-2. If the proposed watershed district includes land in more than one conservation district, the supervisors of each such conservation district shall act jointly as a board of supervisors on all matters concerning the watershed district that are specified in this chapter for a single conservation district.An official of any municipality authorized by resolution of the governing body may sign the petition on behalf of the municipality if land located within the boundaries of the municipality is to be included in the watershed district. The petition need not be signed by any of the property owners of the municipality. Source: SL 1957, ch 492, §5; SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (1); SDCL §46-24-5; SL 1992, ch 60, §2; SL 1998, ch 36, §58; SL 2013, ch 228, §9.
SD Codified L § 46A-14-6 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-6 - Boundaries of district--Contiguous land ownerships.

46A-14-6. Boundaries of district--Contiguous land ownerships.The boundaries of a watershed district may be entirely within or partly within a county or conservation district and may include the whole or any part of one or more counties or conservation districts. The land ownerships embraced within a watershed district shall be contiguous. If feasible, the district shall include all territory within the affected watershed or drainage basin, or all territory from which the water from natural or artificial channels finds its outlet through a main stream or channel. However, if the ownership of a parcel of land is not a matter of record in the office of the register of deeds of the county in which the land is situated, or if a parcel of land is not subject to payment of taxes or special assessments, the land may be excluded from a proposed or existing watershed district. Source: SL 1957, ch 492, §4; SL 1959, ch 452, §2; SDC Supp 1960, §61.1504; SL 1965, ch 303, §2; SDCL §46-24-6; SL 2011, ch 165, §521; SL 2013, ch 228, §10.
SD Codified L § 46A-14-7 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 14 - Watershed Districts|Section 46A-14-7 - Inclusion of municipality.

46A-14-7. Inclusion of municipality.In order to carry out the powers granted to municipalities by the provisions of §9-36-15, the governing body of a municipality may request that all or any portion of the corporate area of a municipality be included in a watershed district if, in the determination of the governing body, inclusion in a new or existing watershed district offers opportunities favorable to the municipality:(1)For alleviation of flood water damages to roads, streets, waterworks, sewer works, river and stream improvements, public or private property, or other improvements within the municipality; or(2)In lieu of or betterment of or supplementary to improvements by the municipality as may be under consideration by the governing body; or(3)To take advantage of federal or other loans, as provided by §9-43-137, or federal or other grants of funds or service; or(4)To reduce capital investments or other obligations by the municipality which may be otherwise probable; or(5)For betterment of the health, safety, or general welfare of the residents of the municipality. Source: SL 1959, ch 452, §3; SDC Supp 1960, §61.1505 (2); SDCL §46-24-7; SL 2013, ch 228, §11.