10-38-10. Action in circuit court for collection of tax, penalties and interest.
If any company or corporation subject to the assessment of its property for tax purposes by the Department of Revenue and subject to the provisions of this chapter, refuses or neglects, for a period of thirty days after the tax has become delinquent, to pay any tax levied against it, the state or county treasurer to whom such tax is payable may institute and maintain an action in the circuit court, in his name as such treasurer, against such company to collect the tax, with penalties and interest as provided by law. In addition, such tax may be enforced and collected by distress and sale of the personal and real property of such company in the same manner as is provided for the collection of real property taxes and mobile home taxes pursuant to chapter 10-22.
Source: SDC 1939, §57.2001; SL 1992, ch 80, §206; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Chapter 38 - Administration Of Taxes And Assessments On Utilities And Carriers
Section 10-38-5 - False statement in utility report--Petty offense.
Section 10-38-7 - Disposition of penalties.
Section 10-38-8 - Addition to assessment or tax for failure of utility to make report.
Section 10-38-10 - Action in circuit court for collection of tax, penalties and interest.
Section 10-38-11 - Allegation of tax liability--Treasurer's books as prima facie evidence.
Section 10-38-12 - Judgment for taxes, penalties and costs.
Section 10-38-13 - Defenses in action for collection of taxes--Reassessment ordered by court.
Section 10-38-14 - Secretary to redetermine tax when set aside by court.
Section 10-38-15 - Information required by secretary for purpose of reassessment.
Section 10-38-16 - Notice to taxpayer of time and place of reassessment.
Section 10-38-17 - Reassessment as of original assessment date.
Section 10-38-20 - Rate of tax on reassessment--Interest from original delinquency date.
Section 10-38-21 - Repeated reassessments.
Section 10-38-22 - Reassessments subject to laws applicable to original assessment.
Section 10-38-23 - General tax laws applicable to collection of special assessments from utilities.
Section 10-38-24 - Special assessment--Delinquent utility--Seizure and advertisement of property.
Section 10-38-25 - Sale of utility property for special assessment.
Section 10-38-27 - Return to utility of property not sold for want of bidders.
Section 10-38-28 - Special assessment collection procedure applicable to past delinquencies.
Section 10-38-29 - Notice of valuation of centrally assessed property.
Section 10-38-30 - Appeal of valuation of centrally assessed property--Notice of appeal.
Section 10-38-31 - De novo appeals of centrally assessed property.
Section 10-38-32 - Perfection of appeals of centrally assessed property.
Section 10-38-33 - Consolidation of appeals of centrally assessed property.
Section 10-38-33.1 - Circuit court may award attorney fees against unsuccessful appellant.
Section 10-38-34 - Nonparticipation in administrative action not a bar to appeal.