reglab/housing_qa huggingface dataset:
SD Codified L § 46A-10A-44 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-44 - Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.

46A-10A-44. Recommendation that state's attorney seek injunction or other court action to prevent or abate violation.In the event of a violation or a threatened violation of an ordinance, resolution, regulation, restriction, or other official control adopted pursuant to this chapter, a board or commission, in addition to other remedies, may recommend the county state's attorney seek an injunction or other appropriate action or proceeding in a court of competent jurisdiction to prevent, restrain, correct, or abate such violation or threatened violation. Source: SL 1985, ch 362, §44.
SD Codified L § 46A-10A-45 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-45 - Mandamus proceedings authorized.

46A-10A-45. Mandamus proceedings authorized.Any taxpayer of a county may institute mandamus proceedings in circuit court to compel performance by the proper official or officials of any nondiscretionary duty required by this chapter and by any ordinance adopted thereunder. Source: SL 1985, ch 362, §45.
SD Codified L § 46A-10A-46 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-46 - Control of drainage construction, rehabilitation, or methods--Approval of board.

46A-10A-46. Control of drainage construction, rehabilitation, or methods--Approval of board.Any board or commission may adopt drainage ordinances, resolutions, or regulations to control individual drainage construction or rehabilitation or such drainage methods by groups of landowners within the county. Such ordinances, resolutions, or regulations shall be consistent with the principles outlined in §46A-10A-20. Any drainage ordinances, resolutions, or regulations adopted by a commission shall further be approved by the board before going into effect. Source: SL 1985, ch 362, §46; SL 1986, ch 379, §6.
SD Codified L § 46A-10A-47 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-47 - Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.

46A-10A-47. Coordinated drainage area--Application for establishment--Inconsistency with county plan or controls barring formation--Validity of information in county in process of adopting plan or controls.Whenever an area within a county and not within a municipality becomes so situated that drainage area coordination becomes advisable, persons within the area may apply to the board or the commission, if one exists, to establish the area as a coordinated drainage area pursuant to this chapter. A board or commission may not form a coordinated drainage area if it is inconsistent with a county-wide drainage plan and ordinances or other controls which have been adopted. The formation of a coordinated drainage area is valid in a county that is in the process of adopting a county-wide drainage plan and ordinances or other controls until such are in place. Source: SL 1985, ch 362, §47.
SD Codified L § 46A-10A-48 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-48 - Survey and map of proposed coordinated drainage area required--Availability for examination.

46A-10A-48. Survey and map of proposed coordinated drainage area required--Availability for examination.Any person making application for establishment of a coordinated drainage area shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of such area, showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the application is filed, within the area for a period of not less than twenty days for examination by those having an interest in the application. Source: SL 1985, ch 362, §48.
SD Codified L § 46A-10A-49 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-49 - Form, verification, signatures, filing, and presentation of application for establishment of area.

46A-10A-49. Form, verification, signatures, filing, and presentation of application for establishment of area.An application for establishment of a coordinated drainage area shall be a petition verified by one or more applicants by affidavit stating that the affiant or affiants personally witnessed the signatures thereon and believe them to be genuine and shall be signed by not less than twenty-five percent of the landowners residing within the area. It shall be filed with the county auditor and presented to the board or commission for consideration at its next meeting. Source: SL 1985, ch 362, §49.
SD Codified L § 46A-10A-50 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-50 - Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.

46A-10A-50. Order establishing area subject to voters' approval--Notice of election--Exemption from election requirement.If the board or commission is satisfied that the requirements of this chapter have been fully met, it shall make an order declaring that such area, with the assent of the landowners thereof, shall be a coordinated drainage area as specified in the application. It shall also include in such order a notice for an election of the landowners residing in the proposed area, at polling places designated by the board, on a day within one month, to determine whether the area shall become a coordinated drainage area. However, if the landowners signing the petition represent a majority of the resident landowners in the area, no election need be held. Source: SL 1985, ch 362, §50.
SD Codified L § 46A-10A-51 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-51 - Publication of election notice.

46A-10A-51. Publication of election notice.The board or commission shall give ten days' notice of an election held under §46A-10A-50 by publication in an official newspaper in the proposed coordinated drainage area. Source: SL 1985, ch 362, §51.
SD Codified L § 46A-10A-52 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-52 - Hours polls open--Costs of election.

46A-10A-52. Hours polls open--Costs of election.At any election to establish a coordinated drainage area held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p.m. The county shall bear the costs of the election. Source: SL 1985, ch 362, §52; SL 2006, ch 28, §8.
SD Codified L § 46A-10A-53 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-53 - Establishment of area effective on voters' approval--Waiting period after rejection by voters.

46A-10A-53. Establishment of area effective on voters' approval--Waiting period after rejection by voters.A vote to establish a coordinated drainage area shall be by ballot in the form provided by the board. If a majority of those voting favor the establishment, the area shall from that time be deemed a coordinated drainage area by order of the board. If a majority vote against the establishment, no further proceedings may be taken thereon for a period of two years. Source: SL 1985, ch 362, §53.
SD Codified L § 46A-10A-54 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-54 - Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.

46A-10A-54. Appointment and duties of election officers--Order declaring area established--Conclusiveness of order.The board or commission shall appoint three judges, who shall elect one of their members as superintendent, to conduct an election to establish a coordinated drainage area. After the vote is cast and canvassed, the judges shall make a verified statement showing the number of ballots cast, together with the number voting for and the number voting against establishment, and shall return the results to the board or commission at its next meeting. After the canvass of such election, the board or commission shall make an order declaring that the coordinated drainage area has been established if the results of the election favor establishment. Subject to appropriate judicial review, such order shall be conclusive of the fact of establishment. Source: SL 1985, ch 362, §54; SL 1986, ch 379, §7.
SD Codified L § 46A-10A-55 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-55 - Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.

46A-10A-55. Expenditure of county funds for application for coordinated drainage area--Assessment of costs from benefiting landowners.The board is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of §§46A-10A-47 to 46A-10A-49, inclusive. The board may assess, levy, and collect such costs from any landowner benefiting from a coordinated drainage area in the same manner as provided for construction of drains elsewhere in this chapter and chapter 46A-11. Source: SL 1985, ch 362, §55; SL 1986, ch 379, §8.
SD Codified L § 46A-10A-56 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-56 - Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.

46A-10A-56. Public lands subject to drainage laws--Service of notices--Appearance by board or officer in charge.All state public or school lands are subject to drainage laws. In any drainage proceeding affecting such lands, notices required by law to be given by publication and posting shall be served upon the commissioner of school and public lands at least thirty days before the time of the hearing. Such service may be made upon the commissioner in person, by service at the commissioner's office with the person in charge, or by registered or certified mail. If the land affected by the drainage proposal is not under the commissioner's control, the commissioner shall transmit a copy of the notice to the board or officer in charge of the land. The board or officer in charge of the land may appear at any such hearing or proceeding on behalf of the state. Source: SL 1985, ch 362, §56; SL 2011, ch 165, §496.
SD Codified L § 46A-10A-57 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-57 - Responsibilities for drainage projects.

46A-10A-57. Responsibilities for drainage projects.A commission, if one is established, may discuss and make recommendations on drainage projects, but the board shall be responsible for the petition process, hearing process, bidding process, construction process, and maintenance of drainage projects. Drainage project processes shall be as outlined under §§46A-10A-58 to 46A-10A-97, inclusive. Source: SL 1985, ch 362, §57.
SD Codified L § 46A-10A-58 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-58 - Signatures required for board action on drainage project petition.

46A-10A-58. Signatures required for board action on drainage project petition.The board may act upon a written drainage project petition only if it is signed by a majority of the resident owners of lands described in the petition who are likely to be affected by the proposed drainage. If potentially affected land is sold under a contract for deed which is of record in the office of the register of deeds, both the seller and the purchaser of the land shall be treated as owners. Source: SL 1985, ch 362, §58.
SD Codified L § 46A-10A-59 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-59 - Contents of drainage project petition.

46A-10A-59. Contents of drainage project petition.A project petition shall explain the necessity for the project, shall give a description of the proposed project route by its initial points, terminal points, and general course, or by its exact course in whole or in part, and shall give a general statement of the territory likely to be affected. Such project petition shall include an assessment of impact, environmental or otherwise, on any public property or public property right within the affected territory. Source: SL 1985, ch 362, §59.
SD Codified L § 46A-10A-60 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-60 - Presentation and filing of petition--Time for board action--Copy to department.

46A-10A-60. Presentation and filing of petition--Time for board action--Copy to department.A petition may be presented at any regular or special meeting of the board, and, if proper in form, shall be ordered filed with the county auditor. The board shall act within thirty days on all drainage project petitions. Upon receiving a petition, the county auditor shall transmit a copy to the Department of Agriculture and Natural Resources. Source: SL 1985, ch 362, §61; SL 2011, ch 165, §497; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10A-61 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-61 - Survey and report contracted by board--Contents--Right of entry--Copy to department.

46A-10A-61. Survey and report contracted by board--Contents--Right of entry--Copy to department.If the board determines it is necessary, it shall contract for a survey of the proposed drainage to be made by an engineer selected by the board. The survey and subsequent report shall show the starting point, the route, the terminus of any proposed ditch or drain or other improvement, and the course and length of any drain through each tract of land, together with the number of acres from each tract required for construction of improvements. The survey and report shall show the elevation of all lakes, ponds, and sloughs or depressions in the project and the boundary of the proposed project, to include all land that will be benefited by the proposed improvements. The survey and report shall include the approximate location of watersheds within the district, a description of each tract of land within the district, and the names of the owners and shall identify that tract of land most likely to receive average benefit from the project. The survey and report shall estimate the probable cost and shall include other facts and recommendations the engineer deems material so the board may determine the feasibility of the project. The survey may extend to lands other than those affected by the proposed project to determine the best practical method of draining the entire area under study. For the purpose of inspection or surveys, board members, engineers, or their employees may enter upon any land traversed by the proposed project that, in their judgment, is likely to be affected. The county auditor shall furnish the Department of Agriculture and Natural Resources a copy of the engineer's report and all maps and plans prepared by the engineer. Source: SL 1985, ch 362, §62; SL 2011, ch 165, §498; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10A-62 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-62 - Survey report to be written--Inspection--Scheduling hearing--Notice requirements.

46A-10A-62. Survey report to be written--Inspection--Scheduling hearing--Notice requirements.The report required by §46A-10A-61 shall be in writing to the board and shall be maintained with the petition. The report shall be available for inspection and copying by interested parties during regular business hours. Upon receipt of an engineer's report, the county auditor shall set a time and place for a hearing on the petition and shall give notice thereof by publication at least once each week for at least two consecutive weeks in a legal newspaper of the county, to be selected by the auditor. The notice shall give a description of each tract of land affected by the proposed project and the names of owners and all directly affected third parties holding drainage interests. If any portion of a municipality is included within a proposed district, the notice is sufficient if it sets forth the boundaries of the municipal territory proposed to be included within the project without listing individual lots, parts of lots, parcels of land, or the names of the owners thereof and if it refers interested persons to the files in the proceeding for further particulars. The notice shall summon all persons affected by the proposed drainage to appear at the hearing and testify regarding the proposed project. The notice also shall summon all persons deeming themselves damaged by the proposed project or claiming compensation for lands proposed to be taken for the project to present their claims at the hearing. Source: SL 1985, ch 362, §63.
SD Codified L § 46A-10A-63 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-63 - Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.

46A-10A-63. Appearances at hearing--Establishment of project--Variation from report--Adjournment of hearing--Notices.At a hearing, any interested person may appear in regard to statements in the petition, matters set forth in the engineer's report or the overall construction plan of the project. After a hearing, the board may establish the project as set forth in the engineer's report or may amend and establish the project in accordance with an amendment of the engineer's report. If the board deems it best to vary the route, materially change the initial or terminal points of the proposed project or increase the width of land to be taken for the proposed project, the board shall adjourn the hearing and give the owners of the land affected by the project change notice as in the original hearing. If the proposed project does not have sufficient fall to drain lands as intended or will not dispose of water properly, it shall be extended as necessary, the hearing shall be adjourned and notice shall be given as in the original hearing, to all owners of land affected by the extension. Source: SL 1985, ch 362, §64.
SD Codified L § 46A-10A-64 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-64 - Assistance by department--Reimbursement of expenses.

46A-10A-64. Assistance by department--Reimbursement of expenses.If so requested, the Department of Agriculture and Natural Resources may render such assistance and advice to the board in regard to the project as the assigned duties of the department will permit. The department shall be reimbursed by the board for any expenses incident to the advice and assistance. Source: SL 1985, ch 362, §65; SL 2011, ch 165, §499; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 46A-10A-65 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-65 - Denial of petition or establishment of project--Findings required.

46A-10A-65. Denial of petition or establishment of project--Findings required.If the board has heard and considered the petition, it shall deny the petition if it finds the proposed project is not feasible and conducive to public welfare or is not necessary or practicable for draining land. If it finds the proposed project, or any variation thereof, is feasible and conducive to public welfare and necessary or practicable for draining land, the board by resolution shall establish the project. Source: SL 1985, ch 362, §66.
SD Codified L § 46A-10A-66 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-66 - Assessments authorized--Expenses paid.

46A-10A-66. Assessments authorized--Expenses paid.Assessments shall be made as provided in this chapter and chapter 46A-11. All compensation claims and expenses of legal notices, inspection of the proposed route, payment of engineer's and attorney's fees, and other expenses associated with project establishment shall be paid from the general fund of the county and reimbursed from those assessments. Source: SL 1985, ch 362, §67.
SD Codified L § 46A-10A-67 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-67 - Acquisition of easements.

46A-10A-67. Acquisition of easements.An easement for a drainage right may be acquired by the existence of a drainage ditch for a period of at least twenty consecutive years, by purchase or grant of easement from the owner of land through which the ditch will pass, or by condemnation under the provisions of this chapter and chapter 46A-11. Source: SL 1985, ch 362, §68.
SD Codified L § 46A-10A-68 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-68 - Damages due to project--Determination--Hearing--Appeal.

46A-10A-68. Damages due to project--Determination--Hearing--Appeal.If a board establishes a project pursuant to §46A-10A-65, it shall calculate the damage sustained by each tract of land or by other property due to construction or maintenance of the project. The board shall give notice of its determination of damages to the respective landowners and shall schedule a hearing thereon. Damages to crops growing during construction may be calculated at a later time and shall be considered part of the cost of construction. At the hearing, the board will receive evidence on the question of damages and just compensation. Any affected person or competent witness on his behalf may testify in the matter of damages or compensation for land. A determination of damages by the board after the hearing is final unless appealed as provided in this chapter. Any appeal from a board's determination of damages shall be heard in circuit court as a condemnation action. Failure to appear to contest or to appeal an award of damages shall be deemed acceptance of damages or compensation for land taken. Source: SL 1985, ch 362, §69.
SD Codified L § 46A-10A-69 (2021)
2021 South Dakota Codified Laws|Title 46A - Water Management|Chapter 10A - County Drainage|Section 46A-10A-69 - Naming project--Record of proceedings.

46A-10A-69. Naming project--Record of proceedings.Any project established pursuant to §46A-10A-65, shall be given a name by the board. Subsequent project proceedings shall be recorded and indexed in a book kept for that purpose in the auditor's office. Source: SL 1985, ch 362, §70.