34A-5-32. Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.
If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19, and later abandons the action when the property is no longer necessary for public purposes or the use of which the property was originally sought to be condemned no longer exists, the board of trustees of a sanitary district, upon order of the circuit court in which the condemnation action is pending, shall convey the property to the original owner and the original owner shall return the deposit on file with the clerk of courts. This section applies to any condemnation action abandoned by a sanitary district, organized under this chapter, prior to the effective date of this section.
Source: SDCL §34-17-26.1 as added by SL 1975, ch 221, §§1, 2; SDCL Supp, §34-17-26.2; SL 2011, ch 165, §93.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 05 - Sanitary Districts
Section 34A-5-1 - Areas subject to incorporation as districts.
Section 34A-5-2 - Minimum population of district.
Section 34A-5-3 - Map of proposed district.
Section 34A-5-5 - Survey, map, and census made available for public examination.
Section 34A-5-6 - Application for incorporation of district--Number of signatures required--Filing.
Section 34A-5-11 - Ballot form on question of incorporation--Majority required for approval.
Section 34A-5-13 - Expenditure of county funds for preliminary and election expenses--State funds.
Section 34A-5-14 - District as governmental subdivision and public body.
Section 34A-5-14.1 - Districts to be governed by board of trustees--Number of members.
Section 34A-5-17 - Election on increase in number of trustees.
Section 34A-5-18 - Notice of election--Separate ballots.
Section 34A-5-20 - Annual election of district officers.
Section 34A-5-21 - Nomination petitions for district trustee.
Section 34A-5-21.1 - Vacancies on board of trustees.
Section 34A-5-21.2 - Residency of district trustees.
Section 34A-5-21.3 - Published notice of vacancies--Content--Timeliness.
Section 34A-5-22 - Organization of board of trustees--President--Meetings.
Section 34A-5-23 - Expense reimbursement and compensation of trustees.
Section 34A-5-24 - Policies and regulations for business of board--Time of meetings--Quorum.
Section 34A-5-25 - Office of sanitary district--Record of proceedings.
Section 34A-5-26 - General powers of trustees.
Section 34A-5-27 - Employment of personnel for district--Professional assistance.
Section 34A-5-28 - Trustees and employees not to be interested in district transactions.
Section 34A-5-28.1 - Trustee permitted to contract with district under certain conditions.
Section 34A-5-29 - Ordinances, resolutions, orders and regulations for district.
Section 34A-5-29.1 - Adoption by reference of ordinances of contracting municipality.
Section 34A-5-29.2 - Notice requirement for passage of new ordinance or resolution.
Section 34A-5-31 - Proceedings governed by municipal laws--Eminent domain proceedings.
Section 34A-5-34 - Contracts with municipalities for sewage treatment and disposal.
Section 34A-5-36 - Rates and charges for sanitary services--Measures for protection of bondholders.
Section 34A-5-39 - Sanitary districts not subject to certain municipal sewer system requirements.
Section 34A-5-41 - Election on acquisition and operation of water system--Board powers on approval.
Section 34A-5-45 - Recording of map and resolution after annexation or exclusion of territory.
Section 34A-5-47 - Election on formation of consolidated district--Form of ballot.
Section 34A-5-50 - Board of trustees for consolidated district.
Section 34A-5-51 - Contracts of consolidated district for purchase or use of sanitary facilities.
Section 34A-5-53 - Dissolution of district on voters' petition.
Section 34A-5-54.1 - Assumption of bonded indebtedness of district by municipality--Election.
Section 34A-5-56 - Certified copy of budget to county auditors and secretary of revenue.