2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-7 - Powers of district.

7-25A-7. Powers of district.
The district shall have, and the board may exercise, the following powers:
(1)To sue and be sued in the name of the district;
(2)To adopt and use a seal and authorize the use of a facsimile thereof;
(3)To acquire, by purchase, gift, devise, or otherwise, real and personal property, or any estate therein;
(4)To make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(5)To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature;
(6)To borrow money and accept gifts;
(7)To apply for and use grants, or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith;
(8)To hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto;
(9)To maintain an office at such place or places as it may designate within a county in which the district is located, which office must be reasonably accessible to the landowners;
(10)To hold, control, and acquire by donation or purchase any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this chapter and to make use of such easements, dedications or reservations for any of the purposes authorized by this chapter;
(11)To lease as lessor or lessee to or from any person, firm, limited liability company, corporation, association or body, public or private, any projects of the type that the district may undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter;
(12)To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as provided by this chapter;
(13)To levy such tax and special assessments as may be authorized by this chapter;
(14)To charge, collect, and enforce fees and other user charges;
(15)To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law;
(16)To exercise within the district the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another;
(16A)To exercise beyond the district, with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area, or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to a potable water system and sewer system;
(17)To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter;
(18)To assess and impose upon lands in the district ad valorem taxes;
(19)To impose and foreclose special assessment liens as provided by this chapter;
(20)To exercise such powers as may be authorized by this chapter and in accordance with the provisions of chapters 1-24 and 1-25;
(21)To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for the following basic infrastructures, all of which shall be exempt from property taxation:
(a)Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges;
(b)Water supply, sewer and waste water management, or any combination thereof;
(c)Bridges or culverts; and
(d)District roads, equal to or exceeding the specifications of the county in which the district roads are located, and street lights;
(22)After the board has obtained the consent of the local government within the jurisdiction of which a power specified in this subdivision is to be exercised, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
(a)Parks and facilities for indoor and outdoor recreational, cultural, and education uses;
(b)Fire prevention and control, including fire stations, water mains, and plugs;
(c)School buildings and related structures;
(d)Security, subject to compliance with all applicable state regulations;
(e)Waste collection and disposal;
(f)Conventions; and
(g)Parking;
(23)To purchase, sell or operate a water or sewer utility;
(24)To adopt and enforce an improvement district building code if the district has first obtained the consent of the county within which the district lies for the exercise of this power;
(25)Notwithstanding the provisions of §1-24-2, to provide for law enforcement within the district through joint exercise of governmental powers agreements pursuant to chapter 1-24; and
(26)To exercise jointly with other authorized political subdivisions any power granted under chapters 6-3 and 6-5.
Source:
SL 1989, ch 59, §7; SL 1991, ch 64, §1; SL 1994, ch 351, §7.