South Dakota Codified Laws
Chapter 05 - Sanitary Districts
Section 34A-5-52 - Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.

34A-5-52. Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.
All sanitary sewer districts, established pursuant to chapter 34A-5, and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary districts may not be open to question in any court in this state, and all acts and proceedings of any such sanitary district or the board of trustees, or both, including those proceedings leading up to the authorization and execution of contracts between any such sanitary district and the United States of America as of December 31, 1979, are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All completed or existing contracts, including outstanding bonds as of December 31, 1979, are hereby legalized and declared to be valid obligations of and against the sanitary district executing or causing the execution and issuance of them.
If any person has any vested right or rights affected by this section, and action or proceeding to enforce such right or rights is not commenced prior to January 1, 1981, such right or rights shall be forever barred, and no action or proceeding so brought may have any force or effect, or may be maintained in any court of this state.

Source: SL 1964, ch 144, §10; SDCL, §34-17-45; SL 1980, ch 249.

Structure South Dakota Codified Laws

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-5-7 - Commissioners' order to incorporate district upon assent of electors--Name of district.

Section 34A-5-11 - Ballot form on question of incorporation--Majority required for approval.

Section 34A-5-12 - Canvass and return of election results--Order of county commissioners declaring incorporation.

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-5-16 - Number and terms of office of district trustees--Inspectors' certificate as to persons elected.

Section 34A-5-17 - Election on increase in number of trustees.

Section 34A-5-18 - Notice of election--Separate ballots.

Section 34A-5-19 - Election of additional trustees if increase approved--Terms of office--Certification.

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-5-30 - Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.

Section 34A-5-31 - Proceedings governed by municipal laws--Eminent domain proceedings.

Section 34A-5-32 - Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.

Section 34A-5-33 - Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.

Section 34A-5-34 - Contracts with municipalities for sewage treatment and disposal.

Section 34A-5-35 - Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.

Section 34A-5-36 - Rates and charges for sanitary services--Measures for protection of bondholders.

Section 34A-5-37 - Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.

Section 34A-5-38 - Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.

Section 34A-5-39 - Sanitary districts not subject to certain municipal sewer system requirements.

Section 34A-5-40 - Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.

Section 34A-5-41 - Election on acquisition and operation of water system--Board powers on approval.

Section 34A-5-42 - Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.

Section 34A-5-43 - Hearing and resolution to annex or exclude territory--County commissioners' approval required.

Section 34A-5-44 - Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.

Section 34A-5-45 - Recording of map and resolution after annexation or exclusion of territory.

Section 34A-5-46 - Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.

Section 34A-5-47 - Election on formation of consolidated district--Form of ballot.

Section 34A-5-48 - Resolutions after approval of consolidated district by voters--Filing of proceedings.

Section 34A-5-49 - Property not acquired nor debts assumed by incorporation of consolidated district.

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-5-52 - Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.

Section 34A-5-53 - Dissolution of district on voters' petition.

Section 34A-5-54 - Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.

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.