South Dakota Codified Laws
Chapter 11 - Drainage Assessments And Bonds
Section 46A-11-36 - Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.

46A-11-36. Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.
If proceedings have been held for establishment of a ditch, drain, levee, or straightening or enlarging of a natural watercourse under prior law, if the project has been established, constructed, and assessments made therefor, and if the assessment cannot be enforced, the board shall proceed to all lands benefited by the project in like manner as if the appraisement and apportionment of benefits had never been made. The board shall proceed in the manner provided in this chapter, using as a basis the entire cost of the project. In assessment of benefits, account shall be taken of assessments, if any, that have been paid by those benefited and credit shall be given accordingly.

Source: SDC 1939, §61.1026; SDCL, §46-21-36; SL 1985, ch 362, §133.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 11 - Drainage Assessments And Bonds

Section 46A-11-1 - Resolution establishing drainage project--Filing of certified copy with register of deeds--Contents--Recording and indexing--Constructive notice.

Section 46A-11-2 - Apportionment of benefits of proposed drainage project by board of county commissioners--Equalization of benefits, notice, publication, and posting.

Section 46A-11-3 - Matters considered in fixing and equalizing benefits.

Section 46A-11-4 - Hearing on equalization of benefits--Determination by board--Revision procedure.

Section 46A-11-5 - Assessment by board--Cost of establishment.

Section 46A-11-6 - Assessment--Certified copy filed with county treasurer--Notice.

Section 46A-11-7 - Assessment due and payable from time of filing of certified copy--Lien--Penalty and interest on delinquencies--Payment--Distribution.

Section 46A-11-8 - Assessment certificates--Issuance--Form and contents--Rights of holder--Enforcement.

Section 46A-11-9 - Assessments for further costs of construction.

Section 46A-11-10 - Assessments as work progresses--One assessment sufficient where no damages are payable or damages have been paid with warrants.

Section 46A-11-11 - Agreement of contractors to take assessment certificates or warrants for services--Assessment for entire balance of cost of construction--Lien of assessment--Enforcement--Sale of assessment certificates, purpose.

Section 46A-11-12 - Assessments paid to county treasurer--Distribution.

Section 46A-11-13 - Assessments for drainage, payment in installments--Agreement of taxpayer with county auditor--Assessment certificates, coupon form.

Section 46A-11-14 - Assessments for drainage, payment in installments--Time installments due--Penalty on delinquencies.

Section 46A-11-15 - Discharge of assessments for drainage--Land not discharged until bond issue paid.

Section 46A-11-16 - Assessments of school and public lands for construction of drainage project--Certification by county auditor--Payment.

Section 46A-11-17 - Assessments for drainage against municipalities--Tax levy by municipal officials--Enforcement and collection.

Section 46A-11-18 - Payment of drainage assessments against townships--Unorganized townships.

Section 46A-11-19 - Assessments for drainage--Enforcement by county treasurer, sale of property.

Section 46A-11-20 - Assessments upon land in other counties--Payment to treasurer of county in charge of drainage--Delinquent assessments.

Section 46A-11-22 - Cancellation of installments of assessment--Reassessment with further assessments--Issuance of bonds--Consideration of payments by landowner on account of previous assessments or penalties accrued for nonpayment.

Section 46A-11-23 - Levy of costs over several years--Fixing annual levy--Bond issue--Terms of bonds.

Section 46A-11-24 - Drainage bonds--Execution--Purpose of issue--Negotiation--Recital--Charge against lands.

Section 46A-11-25 - Drainage bonds--County not liable for payment--Payment from assessments.

Section 46A-11-26 - Assessments payable to treasurer of county in which assessed land is situated--Issuance of bonds by joint action of boards--Laws governing.

Section 46A-11-27 - Additional bonds, issuance--Cost of proposed drainage exceeding estimated cost--New apportionment of assessments--Certification of assessments finally fixed to county treasurer--Money collected by county treasurer on assessments t...

Section 46A-11-28 - Separate accounts for drainage projects.

Section 46A-11-29 - Unpaid installments of assessments for drainage--Extension by board of county commissioners--Drainage refunding bonds authorized.

Section 46A-11-30 - Petition for extension of unpaid installments for drainage--Number of signatures required--Identification of drain--Contents--Hearing, publication of notice.

Section 46A-11-31 - Petition for extension of unpaid installments for drainage--Consideration by board of county commissioners--Adjournment of hearing--Order of board.

Section 46A-11-32 - Appeal from order extending time for payment of unpaid installments--Determination--Waiver of matter not included in appeal.

Section 46A-11-33 - Refunding outstanding evidences of indebtedness--Sale and exchange--Laws governing.

Section 46A-11-34 - Determination of amount required to pay principal and interest on outstanding bonds by board of county commissioners--Time for making--New apportionment of assessment against lands, collection.

Section 46A-11-36 - Drainage projects established under prior law--Assessments unenforceable--Appraisement and apportionment of benefits under this chapter.

Section 46A-11-37 - Abandonment and abolition of drainage--Assessments and liens not affected.

Section 46A-11-38 - Refunding excess assessments.