46-7-5.2. Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.
Notwithstanding the pendency of any notice, order, or protest pursuant to §46-7-5, the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.
Source: SL 1987, ch 328, §1C; SL 2011, ch 2, §146.
Structure South Dakota Codified Laws
Chapter 07 - Storage, Diversion And Irrigation Works
Section 46-7-1 - Excess capacity of works--Availability for beneficial use.
Section 46-7-2 - Headgates or other measuring devices required.
Section 46-7-3 - Repair of works required--Rules.
Section 46-7-5.4 - Definition of terms.
Section 46-7-5.8 - Requirements as to form and content of owner's affidavit.
Section 46-7-5.9 - Board's acceptance of owner's affidavit--Conditions.
Section 46-7-5.10 - Recording requirements as to owner's affidavit.
Section 46-7-12 - Willful damage, destruction, or interference with works prohibited.
Section 46-7-14 - Unauthorized injury to or interference with pier, boom, or dam prohibited.