31-12-45. Approval of conservation district for repair of erosion damage--declaration--notice to landowner.
No operations to repair erosion damage pursuant to §31-12-44 may be undertaken by the county unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the county. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the county, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.
Source: SL 1991, ch 233, §2; SL 1992, ch 203, §1.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 12 - County Highway Systems
Section 31-12-1 - Established highway systems perpetuated.
Section 31-12-2 - Change of county highway system--Order of Department of Transportation.
Section 31-12-5 - Supervision of construction, improvement, maintenance, and repair of system.
Section 31-12-6 - County system at expense of entire county--Tax levy.
Section 31-12-7 - Division of system into sections--Recording in county road book or database.
Section 31-12-8 - Survey and report by superintendent on condition of system and structures.
Section 31-12-9 - Survey, plans, specifications, and estimates for permanent improvements.
Section 31-12-11 - Commencement of construction work.
Section 31-12-12 - Small projects--Advertising, private contract, or county work permitted.
Section 31-12-13 - Large projects--Advertising for bids or built by day labor--Rejection of bids.
Section 31-12-14 - Deadline for bids--Advertisement--Rejection of bids.
Section 31-12-15 - Written contract--Performance bond.
Section 31-12-16 - Progress payments permitted.
Section 31-12-17 - Superintendent's approval of bills before payment.
Section 31-12-18 - Width of culverts.
Section 31-12-25 - Establishment of witness corners required--Violation as petty offense.
Section 31-12-26 - Responsibility for secondary roads in unorganized territory.
Section 31-12-27 - Tax levy for secondary roads in unorganized territory.
Section 31-12-41 - Contracts for county maintenance of streets and alleys in municipalities.
Section 31-12-42 - Vehicle license collections to be used outside municipalities.
Section 31-12-43 - Indemnity required for construction or survey work within road right-of-way.
Section 31-12-44 - Repairs for wind and water erosion assessed to private landowner.
Section 31-12-46 - Minimum maintenance roads established.
Section 31-12-47 - Posting notification of minimum maintenance road.
Section 31-12-48 - Designation of no maintenance highway--Removal of manmade obstruction.
Section 31-12-49 - Posting of signs along no maintenance highway.
Section 31-12-50 - No maintenance highway open to public access--No duty to maintain or improve.