1-16H-31.5. Notice of hearing on right to take--Waiver of right to question necessity--Order of court.
Upon filing of a declaration of taking pursuant to §1-16H-31.3, the court may fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the authority. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the authority shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in §1-16H-31.6 upon the record owners of all subsurface property sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by §21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as are just and equitable.
Source: SL 2005, ch 12, §5.
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.