South Dakota Codified Laws
Chapter 13 - Township Roads
Section 31-13-46 - Assessment according to special benefits--Investigation of benefits.

31-13-46. Assessment according to special benefits--Investigation of benefits.
In lieu of the method of apportionment prescribed in §§31-13-44 and 31-13-45, it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the board of supervisors to accrue to each of such lots and tracts from the construction of the improvement. In that event the board of supervisors, in preparing, considering, and hearing objections to the assessment, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement. The board of supervisors shall assess against each such lot and tract an amount, not exceeding the benefit, as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SL 1979, ch 197, §14.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 13 - Township Roads

Section 31-13-1 - Township road system--Township board responsible for township roads.

Section 31-13-1.1 - Designation of minimum maintenance road--Level of maintenance.

Section 31-13-1.2 - Posting of warning signs on minimum maintenance roads.

Section 31-13-1.3 - Designation of full and minimum maintenance roads at annual meeting--Map.

Section 31-13-1.4 - Designation of no maintenance section line.

Section 31-13-1.5 - Posting of signs on no maintenance section line.

Section 31-13-1.6 - Designation of road unsafe for vehicle travel as no maintenance road.

Section 31-13-1.7 - Posting of signs that no vehicle travel is advised on no maintenance road.

Section 31-13-2 - Designation of board member as overseer--Compensation.

Section 31-13-3 - Hiring of help authorized.

Section 31-13-3.1 - Secondary road capital improvement fund.

Section 31-13-4 - Width of highway grades.

Section 31-13-7 - Written contracts required when let without advertising--Performance bond.

Section 31-13-8 - Payments on contracts.

Section 31-13-9 - Restriction on progress payments.

Section 31-13-10 - Township highway tax.

Section 31-13-11 - Township highway tax--Certification to county auditor--Collection.

Section 31-13-12 - County aid roads--Designation by county commissioners.

Section 31-13-13 - Joint contracts for construction and maintenance of township roads.

Section 31-13-14 - Motor vehicle license fees transferable to county.

Section 31-13-15 - Road districts.

Section 31-13-16 - Petition for improvement of road district--Notice to property owners.

Section 31-13-17 - Hearing on road district improvement--Assessments for improvement.

Section 31-13-18 - Affidavit of township failure to maintain mail route--Service of affidavit and notice on township.

Section 31-13-19 - County maintenance and repair of mail route or failure by township.

Section 31-13-20 - Payment from township funds for county repair and maintenance of mail routes--Expense limitation.

Section 31-13-21 - Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment.

Section 31-13-22 - Township snow removal reserve fund--Tax levy.

Section 31-13-23 - Intent of snow removal reserve fund law.

Section 31-13-24 - Expenditures from snow removal reserve fund.

Section 31-13-25 - Purposes of snow removal reserve fund.

Section 31-13-26 - Contracts for snow removal and repair of damages.

Section 31-13-27 - Snow removal contracts with or without advertising.

Section 31-13-27.1 - Snow creating emergency--Expenditures for removal without advertising for bids.

Section 31-13-28 - Accumulation of unexpended money as snow removal moneys.

Section 31-13-29 - Authority of township to open snowbound roads used for school bus routes.

Section 31-13-30 - Street improvements in unincorporated towns.

Section 31-13-31 - Validation of construction and repair contracts between townships and residents or landowners.

Section 31-13-32 - Improvement of platted streets by special assessment--Definition of terms.

Section 31-13-33 - Supervisors' resolution of necessity for improvement--Contents.

Section 31-13-34 - Combining of streets in one resolution--Uniformity required.

Section 31-13-35 - Combining of streets in one resolution when improvements not uniform.

Section 31-13-36 - Township assumption of cost--Referendum.

Section 31-13-37 - Publication of resolution--Notice of supervisors' meeting--Hearing of objections.

Section 31-13-38 - Resolution not requiring publication.

Section 31-13-39 - Notice by mail to property owners--Contents--Address to which sent.

Section 31-13-40 - Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment.

Section 31-13-41 - Waiting period before actions on improvement--Ratification of prior actions.

Section 31-13-42 - Apportionment of benefits of improvement.

Section 31-13-43 - Costs paid by township--Deduction before assessment to property.

Section 31-13-44 - Assessment of costs to abutting property--Computation on front foot basis.

Section 31-13-45 - Assessment to nearby property of intersection costs.

Section 31-13-46 - Assessment according to special benefits--Investigation of benefits.

Section 31-13-47 - Intersection cost assumed by township.

Section 31-13-48 - Corner lot costs assumed by township or assessed to other property.

Section 31-13-49 - Cost assumed by township when street has been previously improved.

Section 31-13-50 - Use of special assessment law.

Section 31-13-51 - Annual front foot assessment for maintenance and repairs.

Section 31-13-52 - Levy of special assessments--Addition to general levy--Review and equalization.

Section 31-13-53 - Records maintained by township clerk--Destruction of certain records.

Section 31-13-54 - Contracts and assessments not invalidated by defects--Supervisors' determination conclusive.

Section 31-13-55 - Indemnity requirement for construction or survey work within road right-of-way.

Section 31-13-56 - Removal of baled or stacked foliage from right-of-way--Violation as petty offense.

Section 31-13-57 - Private landowner assessed for erosion repair costs.

Section 31-13-58 - Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.