South Dakota Codified Laws
Chapter 13 - Interstate Drainage Districts
Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.

46A-13-26. Damages caused by construction of proposed improvement--Assessment, hearing, appeal.
The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the matter of damages or compensation for property taken or damaged, and the determination of the drainage commission shall be final unless an appeal therefrom shall be taken as provided in this chapter, and failure to prosecute such appeal or to appear and contest an award of damages by the commission shall be conclusively deemed a waiver of any such damages or compensation, or of any claimant's right to have the same assessed by a jury.

Source: SDC 1939, §61.1109; SDCL, §46-23-26.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 46A - Water Management

Chapter 13 - Interstate Drainage Districts

Section 46A-13-1 - Petition for formation of interstate drainage district--Filing with clerk of court--Landowner qualifications--Time and place for hearing--Notice.

Section 46A-13-2 - Petition for formation of interstate drainage district--Jurisdiction of circuit court--Hearing--Determination of boundaries of district--Designation of name.

Section 46A-13-3 - Powers of interstate drainage district--Public corporation--Suits by and against district.

Section 46A-13-4 - Governing commission of interstate drainage district--Number and selection of members.

Section 46A-13-5 - Governing commission of interstate drainage district--Qualifications of members--Term of office of commissioners--Vacancies on commission, filling.

Section 46A-13-6 - Commissioners of interstate drainage district--Oath of office, filing--Bond, filing, approval by board of county commissioners.

Section 46A-13-7 - Organization of commission--Time--Officers--Costs.

Section 46A-13-8 - Compensation of commissioners.

Section 46A-13-9 - Contract for joint action with adjoining state for drainage or flood control.

Section 46A-13-10 - Petition for improvement of interstate drainage project--Filing with commission, Contents--Jurisdiction--Joint survey--Appointment of engineers.

Section 46A-13-11 - Bond of petitioners requesting improvement of interstate drainage project--Sureties, approval by commission--Amount--Conditions.

Section 46A-13-12 - Survey and report of engineers--Time for completion and filing.

Section 46A-13-13 - Proposed improvement of interstate drainage project affecting water of United States--Use of government surveys or plans.

Section 46A-13-14 - Report of survey by engineers--Consideration by commission and officials of adjoining state--Joint plan for construction of improvement--Order to be record of commission.

Section 46A-13-15 - Commission of viewers--Appointment--Report.

Section 46A-13-16 - Estimation of total cost of construction of proposed improvement of interstate drainage project.

Section 46A-13-17 - Agreement of commission and representatives of adjoining state as to amount of costs to be borne by property within the respective states--Hearings.

Section 46A-13-18 - Determination by commission fixing proportion of cost payable by district--Finality.

Section 46A-13-19 - Joint plan for proposed improvement of interstate drainage project--Establishment--Determination of proportion of cost to be borne by respective states--Hearing on petition to construct.

Section 46A-13-20 - Hearing on proposed improvement of interstate drainage project--Notice, publication and posting, description of plan, summoning of interested persons.

Section 46A-13-21 - Hearing on proposed improvement of interstate drainage project--Appearance for or against.

Section 46A-13-22 - Adjournment of hearing on proposed improvement of interstate drainage project, purposes--Modification of joint plan, recording.

Section 46A-13-23 - Denial of petition for drainage improvement--Grounds--Liability of petitioners for costs of proceeding.

Section 46A-13-24 - Establishment of drainage improvement by commission--Grounds--Designation of name.

Section 46A-13-25 - Costs borne by state--Assessments--Warrants.

Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.

Section 46A-13-27 - Establishment of drainage improvement and determination of damages--Equalization of benefits.

Section 46A-13-28 - Assessments for portion of cost of construction of drainage improvement required to be paid by drainage district--Property subject to assessment.

Section 46A-13-29 - Bonds to raise money for portion of cost of construction of drainage improvement required to be paid by drainage district--Issuance and sale.

Section 46A-13-30 - Assessments for drainage purposes--Authority of commissioners of interstate drainage district.

Section 46A-13-31 - Special assessment order of commissioners of interstate drainage district--Certified copy filed with county treasurer--Lien of assessment--Collection and disbursement of assessments.

Section 46A-13-32 - Construction of drainage improvement--Provision for necessary funds--Letting of contract--Advertising for bids--Joint arrangements.

Section 46A-13-33 - Maintenance and repair of drainage improvement constructed by joint arrangement--Assessments.

Section 46A-13-34 - Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state.

Section 46A-13-35 - Defects not affecting substantial rights disregarded in suit to avoid assessment or invalidate proceeding--Substantial defect--Rights of parties determined by court-Reassessment.

Section 46A-13-36 - Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.