South Dakota Codified Laws
Chapter 18 - Property Tax Abatement And Refunds
Section 10-18-13 - Mandatory refund of taxes after determination of disputed county boundary--Apportionment of charges to state and taxing districts.

10-18-13. Mandatory refund of taxes after determination of disputed county boundary--Apportionment of charges to state and taxing districts.
If the boundary line between any counties is in dispute and a court of competent jurisdiction decides that any certain territory was not situated within the county in which the assessment was made, the county commissioners of the county which erroneously entered such property for taxation and collected taxes thereon by reason of mistake of fact or such dispute as to the boundary line shall, within sixty days after the final determination of the action or litigation, refund to the persons entitled thereto, or to any person that shall have purchased at tax sale any such property, all taxes or money so paid by him, with interest at the rate specified in §54-3-5.1 for any and all years when assessments of such property were made in the proper county; and the pro rata share of the money so refunded shall be charged to the state and each taxing district which may have assessed any part of such tax.

Source: SL 1913, ch 339, §1; RC 1919, §6821; SDC 1939, §57.0805; SL 1982, ch 28, §6.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 18 - Property Tax Abatement And Refunds

Section 10-18-1 - Invalid or erroneous assessment or tax--Claims for abatement or refund--Certificate outstanding on real property sold for taxes.

Section 10-18-1.1 - Time allowed for abatement or refund of invalid, inequitable or unjust tax.

Section 10-18-2 - Compromise, abatement or rebate of uncollectible tax--Circumstances in which authorized--Apportionment among funds and taxing districts.

Section 10-18-3 - Procedure applicable to compromise of uncollectible taxes.

Section 10-18-4 - Contents and verification of application for abatement or refund.

Section 10-18-5 - Presentation of application to county commissioners--Approval or rejection--Evidence heard--Amendment of application.

Section 10-18-6 - Concurrence of municipal governing body required for abatement of tax within municipal corporation.

Section 10-18-7 - Certification of municipal action where concurrence required--Failure to file certificate as concurrence.

Section 10-18-8 - Hearing and decision by county commissioners on municipal refusal to concur--Appeal to circuit court.

Section 10-18-9 - Correction of tax lists on grant of abatement or compromise.

Section 10-18-10 - Order and payment of refund--Charging to tax districts.

Section 10-18-11 - Credit to county for state tax abated or refunded.

Section 10-18-12 - Appeal from county commissioners to circuit court.

Section 10-18-13 - Mandatory refund of taxes after determination of disputed county boundary--Apportionment of charges to state and taxing districts.

Section 10-18-14 - Retroactive application of chapter.

Section 10-18-15 - Payment of property tax refunds for taxes erroneously collected.

Section 10-18-16 - Refund date for property taxes erroneously collected.

Section 10-18-17 - Interest on property taxes erroneously collected.