1-16H-31.2. Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.
The authority may condemn private and public subsurface property for public use for the purposes of acquiring, developing, constructing, maintaining, or operating projects. The authority may only condemn subsurface property upon or through which it already owns or controls some, but not all, property rights. If the authority deems it necessary to condemn any subsurface property for such purpose, it shall, by resolution, declare the condemnation necessary, stating the purposes and extent thereof. Thereupon, proceedings for condemnation shall be undertaken in the name of the authority, as provided in chapter 21-35 and this chapter.
Source: SL 2005, ch 12, §2.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 16H - Science And Technology Authority
Section 1-16H-1 - Legislative findings.
Section 1-16H-2 - Purpose of authority.
Section 1-16H-3 - Definitions.
Section 1-16H-4 - Science and Technology Authority created.
Section 1-16H-5 - Board of directors--Appointment and terms.
Section 1-16H-6 - Removal of members--Grounds.
Section 1-16H-7 - Compensation of members--Reimbursement of expenses.
Section 1-16H-8 - Oath of office.
Section 1-16H-9 - Executive director, agents, and employees--Duties--Compensation.
Section 1-16H-10 - Meetings of the board.
Section 1-16H-11 - Quorum--Vote required for action.
Section 1-16H-13 - Open meetings--Notice.
Section 1-16H-14 - Record of proceedings--Filings--Copies--Certification.
Section 1-16H-15 - Powers and duties of authority.
Section 1-16H-16 - Promulgation of rules.
Section 1-16H-17 - Loans and grants made by authority.
Section 1-16H-18 - Investment of funds.
Section 1-16H-18.1 - Investment of funds with State Investment Council.
Section 1-16H-19 - Issuance of bonds, notes, or other evidence of indebtedness.
Section 1-16H-23 - Pledge of revenues from lease or loan agreement--Trust agreement.
Section 1-16H-25 - Pledge by state not to impair rights and remedies of holders of bonds and notes.
Section 1-16H-29 - Title to projects.
Section 1-16H-30 - Acquisition of property.
Section 1-16H-31 - Acquisition, improvement, maintenance, and decommissioning of projects.
Section 1-16H-31.1 - Subsurface property defined.
Section 1-16H-31.3 - Declaration of taking--Contents.
Section 1-16H-31.4 - Effective date of condemnation and right to just compensation.
Section 1-16H-31.6 - Service or mailing of copy of declaration of taking and amendments.
Section 1-16H-31.7 - Amendments to the declaration of taking--Filing.
Section 1-16H-32 - Intergovernmental agreements.
Section 1-16H-33 - Sharing of agency employees.
Section 1-16H-34 - Inapplicability of § 5-2-19.
Section 1-16H-35 - Transfer or exchange of property with other state agencies.
Section 1-16H-36 - Designation of depositories.
Section 1-16H-37 - Tax exemption of authority.
Section 1-16H-38 - Authority reports to Governor's Office of Economic Development.
Section 1-16H-39 - Informational budget.
Section 1-16H-40 - Transfer of functions and programs of Homestake Laboratory Conversion Project.
Section 1-16H-41 - Homestake Mine donation.
Section 1-16H-42 - Severability of provisions.
Section 1-16H-43 - Immunity from liability for condition or use of certain donated property.
Section 1-16H-44 - Property tax exemption for certain leased property in Lawrence County.