reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-135 - Notice of reassessment.

9-43-135. Notice of reassessment.
If any reassessment is required, the governing body shall appoint a time for making the reassessment. The finance officer shall give ten days' notice to the owner of any lot to be reassessed, by mail addressed to the owner's last mailing address as shown by the records of the director of equalization, and shall publish notice of the reassessment once not less than ten nor more than twenty days before the time set for the reassessment. After publication of the approved resolution, the governing body may proceed with the levying and forwarding for the collection of special assessments.
Source:
SL 2012, ch 57, §63.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-136 - Assessment of additional cost of improvement--Public hearing.

9-43-136. Assessment of additional cost of improvement--Public hearing.
If the assessment originally levied, together with any sum to be paid by the municipality from its general fund or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll. The governing body shall adopt a resolution proposing to increase the special assessment contained in the original special assessment roll by the proportion it determines to be sufficient to pay the total cost of the improvement. The resolution, notice of hearing, and hearing procedures shall be carried out as provided in §9-43-90. The amount by which each assessment is increased shall be collected by the same procedure and at the same time as the original assessment. However, if any installment of the original assessment has been paid before the levy of the supplemental assessment, the amount of the increase shall be added to the balance unpaid and becomes payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.
Source:
SL 2012, ch 57, §64.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-137 - Federal loans.

9-43-137. Federal loans.
If public moneys are made available by loan from any federal source to the state, an agency of state government, a public body created by the state, or a political subdivision of the state for the direct or indirect aid of landowners or owners of real property in the public or private improvement of their property in a manner specified by competent federal, state, or local authority, the owners are entitled to retire their obligations for the improvements in like pro rata installments over the same period of time as the loan of federal moneys will be retired, or, if permissible, to accelerate the installments as they are able, and at the same rate of interest as the loan of federal moneys to the state, state agency, public body, or political subdivision of the state. However, if the loan of federal moneys requires different or more stringent terms be met by the owners with regard to time period, installments, or rate of interest, then the terms allowed shall be the most liberal possible that still comply with the federal requirements.
The provisions of this section, in a proper case, are in lieu of assessment under any other law granting power to assess for property improvement.
Source:
SL 2012, ch 57, §65.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-138 - Special maintenance fee--Purposes--Exemptions.

9-43-138. Special maintenance fee--Purposes--Exemptions.
The governing body prior to the assessment of real property within the municipality for the next fiscal year, may levy, annually, for the purpose of maintaining or repairing public improvements, a special maintenance fee upon the lots fronting and abutting any improvements within the municipality that are maintained by the municipality. For purposes of this section, the governing body prior to the assessment of real property may, by resolution, elect to treat any of the following lots as not fronting and abutting improvements within the municipality:
(1)Lots with a tax assessment freeze under chapter 10-6A; or
(2)Lots classified as agricultural property under §10-6-110.
The governing body prior to the assessment of real property may, by resolution, designate the lot or portion of lots against which the fee is to be levied and the amount of the fee to be assessed against each lot or portions of lots for such purposes, or may apportion the fee pursuant to §46A-10B-20. The governing body may directly bill the affected property owner for the fee in a manner determined by the municipality, or the governing body may require the county treasurer to add the fee assessed to the general assessment against the property and certify the fee assessed together with the regular assessment to the county auditor to be collected in the same manner as municipal taxes are collected for general purposes. The fee assessed is subject to review and equalization the same as assessments or taxes for general purposes.
Source:
SL 2012, ch 57, §66; SL 2020, ch 29, § 1; SL 2021, ch 44, § 44.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-139 - Application of chapter.

9-43-139. Application of chapter.
The provisions of this chapter do not apply to chapters 9-53, 9-55, or 21-10.
Source:
SL 2012, ch 57, §67.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-1 - Municipal improvement bonds authorized in lieu of special assessment certificates.

9-44-1. Municipal improvement bonds authorized in lieu of special assessment certificates.
If the special assessments to be levied by any municipality for any local improvement or improvements are divided into installments pursuant to the provisions of chapter 9-43, the governing body of the municipality, in lieu of issuing assessment certificates or bonds as provided in chapter 9-43, may issue municipal improvement bonds.
Source:
SL 1947, ch 219, §1; SDC Supp 1960, §45.21A01; SL 1984, ch 43, §85.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-2 - Authorization--Issuance--Sale--Maturity.

9-44-2. Authorization--Issuance--Sale--Maturity.
Municipal improvement bonds shall be authorized, issued, and sold as provided in chapter 6-8B, except that all bonds shall mature not later than one year after the due date of the last assessment installment. In fixing serial maturities, the governing body shall estimate the amounts of money which will be available from time to time through collections of assessments, taxes, and service charges levied or imposed as herein provided, and shall adopt a schedule of maturities such that to the best of their judgment moneys will be available from sources at times and in amounts as to permit payment of all principal and interest as the payments become due.
Source:
SL 1947, ch 219, §3; SDC Supp 1960, §45.21A03; SL 1984, ch 43, §86.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-3 - Amount of bond issue.

9-44-3. Amount of bond issue.
Municipal improvement bonds under this chapter may be issued in an amount equal to the total cost of the improvement or improvements.
Source:
SL 1947, ch 219, §3; SDC Supp 1960, §45.21A03; SL 1984, ch 43, §87.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-5 - Covenants with bondholders authorized.

9-44-5. Covenants with bondholders authorized.
In and by the resolution authorizing municipal improvement bonds, the governing body may on behalf of the municipality make any or all of the covenants described in §§9-44-6 to 9-44-8, inclusive, with and for the benefit of the holders from time to time of said bonds.
Source:
SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-6 - Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy.

9-44-6. Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy.
The municipality may agree to pay any part not exceeding one-half of the principal of and interest on municipal improvement bonds by ad valorem taxation on all property within the municipality. Such part of the principal shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after the issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the fund of the improvement, shall be included. Before delivery of the bonds the governing body shall levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax, to be spread upon the tax rolls for the same years as the special assessments, in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payment of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess.
Source:
SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-7 - Municipal agreement as to water and sewer service charges--Adequacy of rates.

9-44-7. Municipal agreement as to water and sewer service charges--Adequacy of rates.
In the case of water and sewer improvements undertaken pursuant to chapters 9-47 and 9-48, the municipality may agree to establish, impose, and collect just and equitable charges for services furnished by such improvement or improvements, and to pledge and appropriate all or any portion of the net revenues derived from such charges to the improvement fund for payment of municipal improvement bonds and interest. The municipality may further agree to establish and maintain such rates as shall at all times be at least sufficient to produce net revenue which, together with collections of assessments and taxes, will be adequate to pay the principal of and interest on each and all of the bonds as such principal and interest become due. In connection with such service charges, the governing body shall have all of the rights and powers which it would have with respect to like matters under chapter 9-40.
Source:
SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (2); SL 1980, ch 26, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-8 - Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy.

9-44-8. Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy.
The municipality may agree that in the event of a deficiency in the improvement fund, the governing body will levy an ad valorem tax upon all of the taxable property within the municipality in an amount as may be necessary to pay the deficiency. The covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of a tax whenever any amount of principal or interest shall become due and the moneys in the fund shall be insufficient to pay the same. Notwithstanding the omission of a covenant in the resolution authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy a tax upon the occurrence of any deficiency, and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto may not exceed by more than five percent the deficiency for which they are levied, but are not subject to any other limitation as to rate or amount; and levies in excess of such limitation shall be invalid only as to the excess.
Source:
SL 1947, ch 219, §4; SDC Supp 1960, §45.21A04 (3); SL 1984, ch 43, §87A.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-9 - Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.

9-44-9. Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.
In the event that the governing body shall determine to pay any portion of municipal improvement bonds from taxes and/or collections of service charges, it may direct that the estimate for special assessments and the assessment roll shall specify the portion of cost to be paid by assessment, the portion to be paid by taxes, and the portion to be paid exclusively by revenues, and the assessment on benefited property may be reduced proportionately; but the assessable cost of the improvement shall not be decreased by the reduction of the assessment, and the governing body may and if necessary shall levy supplemental assessments on specially benefited property to the full amount of such benefit.
Source:
SL 1947, ch 219, §5; SDC Supp 1960, §45.21A05.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-10 - Bonds payable from improvement fund--Negotiability--Municipal obligation limited.

9-44-10. Bonds payable from improvement fund--Negotiability--Municipal obligation limited.
All bonds shall be payable solely out of the fund of the improvement or improvements to be financed thereby but they shall be negotiable investment securities within the meaning of chapter 57A-8. The obligation of the municipality with reference thereto shall be limited to the proper administration of the fund and the support of the same by the methods provided in this chapter and as provided in the resolution or ordinance authorizing the bond issue.
Source:
SL 1947, ch 219, §2; SDC Supp 1960, §45.21A02; SL 1984, ch 43, §88.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 44 - Municipal Improvement Bonds › Section 9-44-11 - Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.

9-44-11. Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.
Into the fund of the improvement financed by municipal improvement bonds shall be paid all assessments and taxes levied on account of the improvement and any net revenues appropriated for the payment of the bonds as provided in this chapter. Moneys in said fund shall be used for no purpose other than the payment of the principal of and interest on said bonds as the same shall become due. After the payment of all principal and interest the governing body may transfer any unexpended balance in said fund to the general fund of the municipality.
Source:
SL 1947, ch 219, §2; SDC Supp 1960, §45.21A02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-1 - Municipal power over streets, alleys, and public grounds--Types of improvements permitted.

9-45-1. Municipal power over streets, alleys, and public grounds--Types of improvements permitted.
Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided by this title.
Source:
SL 1890, ch 37, art V, §1, subdivs 7, 13, 45; SL 1890, ch 37, art XVI, §18; SL 1890, ch 37, art XVII, §1; SL 1895, ch 182, §14; RPolC 1903, §1229, subdivs 7, 13, 45; RPolC 1903, §§1303, 1306, 1441, 1442; SL 1911, ch 95, §1; SL 1913, ch 111; SL 1913, ch 119, §53, subdivs 7, 12, 45; SL 1913, ch 126, §1; RC 1919, §§6169 (7), (9), 6356, 6357, 6364; SL 1923, ch 240; SL 1929, ch 195; SDC 1939, §45.0201 (94); SL 2020, ch 30, § 1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-2 - Street names and numbering of houses.

9-45-2. Street names and numbering of houses.
Every municipality shall have power:
(1)To name and change the name of any street, avenue, alley, or other public place;
(2)To regulate the numbering of houses and lots.
Source:
SL 1890, ch 37, art V, §1, subdivs 22, 23; RPolC 1903, §1229, subdivs 22, 23; SL 1913, ch 119, §53, subdivs 22, 23; RC 1919, §6169 (31), (32); SDC 1939, §45.0201 (96), (97).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-3 - Bridges, culverts and sluiceways.

9-45-3. Bridges, culverts and sluiceways.
Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways.
Source:
SL 1895, ch 182, §14; RPolC 1903, §1441; SL 1913, ch 111, §1; RC 1919, §6169 (7); SDC 1939, §45.0201 (91).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-4 - City power over bridges, viaducts, and tunnels.

9-45-4. City power over bridges, viaducts, and tunnels.
Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels.
Source:
SL 1890, ch 37, art V, §1, subdiv 28; RPolC 1903, §1229, subdiv 28; SL 1913, ch 119, §53, subdiv 28; RC 1919, §6170 (6); SDC 1939, §45.0202 (8); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-5 - Crosswalks, curbs, gutters, and drains.

9-45-5. Crosswalks, curbs, gutters, and drains.
Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains.
Source:
SL 1890, ch 37, art V, §1, subdiv 16; RPolC 1903, §1229, subdiv 16; SL 1913, ch 119, §53, subdiv 17; RC 1919, §6169 (49); SDC 1939, §45.0201 (95).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-6 - Survey and plat filed on laying out or boundary change in street, alley, or public ground.

9-45-6. Survey and plat filed on laying out or boundary change in street, alley, or public ground.
When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county. Any municipality may widen an existing street within the platted right-of-way without filing new plats.
Source:
SL 1890, ch 37, art XVI, §12; RPolC 1903, §1300; RC 1919, §6355; SDC 1939, §45.1709; SL 1991, ch 74, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-7 - Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.

9-45-7. Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.
No street, alley, or public ground, or part thereof, shall be vacated by the governing body except upon the petition and consent in writing of all of the owners of the property adjoining the part of the street, alley, or public ground to be vacated. Such petition shall set forth the facts and the reasons for such vacation, accompanied by a plat of such street, alley, or public ground proposed to be vacated, and shall be verified by the oath of one or more of the petitioners, provided, in the event all the land subject to the proposed petition to vacate is located on the land of a landowner, the petition of the landowner shall be sufficient.
Source:
SL 1890, ch 37, art XVI, §13; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1; SL 1975, ch 91.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-8 - Publication of notice of petition and hearing on vacation.

9-45-8. Publication of notice of petition and hearing on vacation.
Upon the filing of a petition pursuant to §9-45-7, the governing body, if it deems it expedient that the matter should be proceeded with, shall order the petition to be filed with the auditor or clerk, who shall give notice by publication once each week for at least two successive weeks, to the effect that the petition has been filed and stating in brief its object and that the petition will be heard and considered by the governing body, or a committee appointed by the governing body for that purpose, on a day specified not less than ten days from the last publication of the notice.
Source:
SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1; SL 1972, ch 51, §2; SL 2003, ch 46, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-9 - Hearing and decision on vacation of street, alley, or public ground--Vote required.

9-45-9. Hearing and decision on vacation of street, alley, or public ground--Vote required.
The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the granting of such petition, may declare by resolution passed by a two-thirds vote of all the members, such street, alley, or public ground vacated.
Source:
SL 1890, ch 37, art XVI, §13; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-10 - Vacation after nonuser of platted street or alley--Petition of property owners.

9-45-10. Vacation after nonuser of platted street or alley--Petition of property owners.
In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the plat, the same may be vacated by the governing body upon application of the owner or owners of all the real property abutting upon both sides thereof. The application for such vacation shall be made upon the petition of the abutting owner or owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney.
Source:
SL 1893, ch 122, §1; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-11 - Notice and hearing on vacation of platted street or alley--Evidence of nonuser.

9-45-11. Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
After the filing of a petition pursuant to §9-45-10, the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held not less than ten days from the last publication of the notice. Upon the hearing it is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled during the twenty years preceding the time for the meeting and since the recording of the plat thereof.
Source:
SL 1893, ch 122, §1; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1; SL 1972, ch 51, §3; SL 2007, ch 42, §1; SL 2011, ch 45, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-12 - Publication and filing of resolution vacating platted street or alley.

9-45-12. Publication and filing of resolution vacating platted street or alley.
A resolution of vacation pursuant to §9-45-9 or 9-45-11 shall be published, to take effect, and be subject to referendum as other resolutions, and upon taking effect a transcript of such resolution duly certified by the auditor or clerk shall be filed for record and duly recorded in the office of the register of deeds of the county.
Source:
SL 1890, ch 37, art XVI, §13; SL 1893, ch 122, §1; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-13 - Irregularities in vacation proceedings cured after two years.

9-45-13. Irregularities in vacation proceedings cured after two years.
Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and public hearing, such governing body has granted or shall grant the petition in whole or in part and there was, or shall be recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source:
SL 1951, ch 241, §2; SDC Supp 1960, §45.1708-1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-13.1 - Vacation of street in extraterritorial jurisdiction of municipality.

9-45-13.1. Vacation of street in extraterritorial jurisdiction of municipality.
A municipal governing body may vacate a street within its extraterritorial jurisdiction, as defined in §11-6-10, upon approval of the board of county commissioners.
Source:
SL 1981, ch 75.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-14 - Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.

9-45-14. Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.
The governing body of any municipality by ordinance may establish the grade of any street, alley, or sidewalk in the municipality. A record of the same shall be kept, together with the profile thereof in the office of the auditor or clerk.
Source:
SL 1890, ch 37, art XVI, §18; RPolC 1903, §1306; RC 1919, §6356; SDC 1939, §45.1707.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.

9-45-15. Change of grade of street--Municipal liability for damage to abutting property.
After the grade of any street has been established as provided by §9-45-14, the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the grade as first established.
Source:
SL 1890, ch 37, art XVI, §18; RPolC 1903, §1306; RC 1919, §6356; SDC 1939, §45.1707.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-16 - Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.

9-45-16. Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.
If any viaduct is declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, that may be caused to any property by reason of the construction of the viaduct and its approaches. The resolution is effective thirty days after its publication, unless nullified by an order of the Public Utilities Commission.
Such damage shall be paid by the municipality and may be assessed against the property benefited as provided in chapter 9-43.
Source:
SL 1909, ch 126; RC 1919, §6366; SDC 1939, §45.1706; SL 1992, ch 60, §2; SL 2012, ch 57, §78.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-17 - Viaduct specifications determined by governing body.

9-45-17. Viaduct specifications determined by governing body.
The width, height, and strength of any such viaduct and approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the governing body.
Source:
SL 1909, ch 126; RC 1919, §6366; SDC 1939, §45.1706.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-18 - Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.

9-45-18. Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad company shall proceed within the time and in the manner required by the governing body to construct, reconstruct, or repair any viaduct as required. It is a petty offense for any railroad company to neglect to perform such duty, and each day such company shall neglect to perform such duty shall constitute a separate offense.
Any such company may be compelled by mandamus or other appropriate proceeding to construct, reconstruct, or repair any viaduct so required.
Source:
SL 1909, ch 126; RC 1919, §6366; SDC 1939, §§45.1706, 45.9904; SL 1981, ch 43, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-19 - Viaduct work done by municipality on failure by railroad--Costs charged against railroad.

9-45-19. Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by §9-45-18, the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such railroad company, and such cost shall be a valid and subsisting lien against such property and shall also be a legal indebtedness of such company in favor of such first or second class municipality.
Source:
SL 1909, ch 126; RC 1919, §6366; SDC 1939, §45.1706; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-35 - Assumption by municipality of cost of repairing street previously constructed by assessment.

9-45-35. Assumption by municipality of cost of repairing street previously constructed by assessment.
The resolution of necessity may provide that the municipality may pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street, alley, or public way in which pavement has previously been placed and paid for wholly or in part by assessment of benefited property.
Source:
SL 1929, ch 193; SDC 1939, §45.1705; SL 1949, ch 185, §5; SL 2012, ch 57, §94.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-36 - Sidewalk relocation costs shared by municipality.

9-45-36. Sidewalk relocation costs shared by municipality.
Where, in the process of widening a public way, it is necessary to relocate sidewalks, the governing body of any municipality may provide by ordinance that such municipality shall share with the abutting property owners fifty percent of the assessed cost for replacement of all sidewalks which were not in a highly deteriorated condition prior to such widening of the public way.
Source:
SL 1963, ch 287.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 45 - Street And Alley Improvements › Section 9-45-37 - Record of street proceedings kept by auditor or clerk.

9-45-37. Record of street proceedings kept by auditor or clerk.
The auditor or clerk shall keep in his office a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, alley, or other public ground, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the same.
Source:
SL 1890, ch 37, art XVI, §14; RPolC 1903, §1302; RC 1919, §6355; SDC 1939, §45.1709.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-1 - Width and material of sidewalks prescribed by ordinance.

9-46-1. Width and material of sidewalks prescribed by ordinance.
Every municipality may, by ordinance, prescribe the width of sidewalks and may establish different widths in different areas of the municipality and determine the kind of material of which the sidewalk shall be constructed, having regard to the business and amount of travel in the vicinity of each.
Source:
SL 1890, ch 37, art XVI, §19; RPolC 1903, §1307; SL 1913, ch 324; RC 1919, §6359; SDC 1939, §45.1601; SL 2020, ch 30, § 2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-1.3 - Resolution--Sidewalk Location.

9-46-1.3  .  Resolution--Sidewalk Location.
Every municipality may, by resolution, require the owner of real property abutting or adjoining a public right-of-way or abutting or adjoining public property containing a highway to construct a sidewalk in a location as designated in the resolution.
Source:  SL 2020, ch 30, § 3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-2 - Liability of adjoining property owner for failure to keep sidewalks in repair.

9-46-2. Liability of adjoining property owner for failure to keep sidewalks in repair.
Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to §21-10-6.
Source:
SL 1890, ch 37, art XVI, §24; RPolC 1903, §1312; RC 1919, §6363; SDC 1939, §45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-2.1 - Municipal sidewalk--Construction.

9-46-2.1  .  Municipal sidewalk--Construction.
If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.
The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:
(1) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;
(2) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or
(3) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.
The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple   sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.
Source:  SL 2020, ch 30, § 5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-2.2 - Notice of hearing--Municipal sidewalk.

9-46-2.2  .  Notice of hearing--Municipal sidewalk.
The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property abutting or adjoining the sidewalk proposed to be constructed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than twenty days before the hearing on the resolution of necessity.
Source:  SL 2020, ch 30, § 6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-2.3 - Notice--Mailing.

9-46-2.3  .  Notice--Mailing.
In addition to the published notice set forth in §  9-46-2.2  , the governing body, not less than ten nor more than twenty days before the hearing on the proposed resolution, shall cause a copy of the notice of hearing, set forth in §  9-46-2.2  , to be mailed by first class or certified mail to each owner of real property abutting or adjoining the sidewalk proposed to be constructed. The mailed notice shall contain the location of the sidewalk to be constructed and the date by which the construction must be completed.
Source:  SL 2020, ch 30, § 7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-4 - Municipal construction on failure by adjoining owner.

9-46-4. Municipal construction on failure by adjoining owner.
If the sidewalk is not constructed in the manner and within the time set forth in the resolution of necessity pursuant to §9-46-2.1, the governing body may cause the sidewalk to be constructed and make assessments for the sidewalk pursuant to §9-46-4.1.
Source:
SL 1890, ch 37, art XVI, § 21; SL 1901, ch 75, § 1; SL 1901, ch 79, § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324; SL 1915, ch 110; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207; SL 1963, ch 282; SL 1987, ch 80, § 2; SL 2011, ch 2, § 119; SL 2020, ch 30, § 9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-4.1 - Sidewalk--Financing.

9-46-4.1  .  Sidewalk--Financing.
If the governing body, pursuant to §  9-46-2.1  , deems it necessary that a sidewalk be constructed and financed in total or in part by special assessment, the procedures set forth in chapter   9-43   shall be followed. A resolution of necessity adopted pursuant to §  9-46-2.1   shall satisfy the requirements of §  9-43  -82.
Source:  SL 2020, ch 30, § 10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 46 - Sidewalk Improvements › Section 9-46-11 - Mailboxes on or adjacent to curbs or sidewalks.

9-46-11. Mailboxes on or adjacent to curbs or sidewalks.
The governing body shall be authorized by ordinance to allow mailboxes to be located on or adjacent to a municipal street curb or sidewalk.
Source:
SL 1976, ch 86.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-1 - General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.

9-47-1. General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.
Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; may maintain dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters within or without the municipality either as a direct source of water to the municipality or as a supply of water from which any other source of the water supply of the municipality may be replenished or restored; may advantageously dispose of, to districts, subdivisions, and areas, outside the limits of the municipality to which supply lines may extend, any municipal supply of water, including stored water, not required or used for municipal purposes and any surplus water may be disposed of to any outside district where the water is delivered into a natural watercourse for irrigation purposes; may assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by this title. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19. Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
Source:
PolC 1877, ch 24, §22, subdiv 3; SL 1887, ch 105, §1; CL 1887, §1043, subdiv 3; CL 1887, §1135; SL 1890, ch 37, art V, §1, subdiv 43; SL 1901, ch 81, §1; RPolC 1903, §1229, subdiv 43; RPolC 1903, §1438, subdiv 3; RPolC 1903, §1520; SL 1905, ch 174, §1; SL 1905, ch 175, §1; SL 1913, ch 119, §53, subdiv 43; SL 1913, ch 367; RC 1919, §§6169 (12), 6393, 6394; SL 1923, ch 231; SL 1927, ch 175; SL 1937, ch 174; SDC 1939, §45.0201 (81); SL 1939, ch 183; SL 1941, ch 193; SL 1941, ch 194; SL 1951, ch 238; SL 1963, ch 277; SL 1974, ch 80; SL 1978, ch 68, §1; SL 1982, ch 82, §1; SL 1983, ch 68; SL 2016, ch 53, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-2 - Real property in adjoining states.

9-47-2. Real property in adjoining states.
Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.
Source:
SL 1917, ch 317; RC 1919, §6169 (77); SDC 1939, §45.0201 (82).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-3 - Emergency contract for repair or replacement on complete failure of water supply.

9-47-3. Emergency contract for repair or replacement on complete failure of water supply.
Wherever, in any municipality, the emergency specified in §9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in §§9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.
Source:
SL 1953, ch 269, §§1, 2; SDC Supp 1960, §45.1404-1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-4 - Contract for waterworks system--Maximum tax levy without approval by voters.

9-47-4. Contract for waterworks system--Maximum tax levy without approval by voters.
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
Source:
SL 1901, ch 81, §1; RPolC 1903, §1520; SL 1913, ch 367; RC 1919, §6394; SDC 1939, §45.1904.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-5 - Special assessments.

9-47-5. Special assessments.
If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43.
Source:
RC 1919, §6394; SDC 1939, §45.1904; SL 2012, ch 57, §97.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-6 - Connections from water main to lot line--Assessment.

9-47-6. Connections from water main to lot line--Assessment.
Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title.
Source:
SL 1890, ch 37, art V, §1, subdiv 13; RPolC 1903, §1229, subdiv 13; SL 1913, ch 119, §53, subdiv 12; RC 1919, §6357; SDC 1939, §45.0201 (85).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-8 - Classification of water pipes and mains.

9-47-8. Classification of water pipes and mains.
Water pipes or mains are classified as:
(1)A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid;
(2)A trunk pipe is one designed to supply water to the property abutting upon the street or way in which it is laid and to other pipes or mains in a defined district or portion of the municipality;
(3)A supply pipe or main is any pipe, ditch, flume, conduit, or other appliance designed to conduct a supply of water from its source to the municipality.
Source:
RC 1919, §§6388 to 6391; SDC 1939, §45.1901.