South Dakota Codified Laws
Chapter 36 - Flood Control And Stream Improvement
Section 9-36-11 - Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.

9-36-11. Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.
Any municipality may construct, reconstruct, repair, and maintain bulkheads, wharves, levees, or breakwaters along or across any river or stream flowing within or through its boundaries. For that purpose the municipality may purchase or condemn private property and assess the cost against the property upon which the improvement is situated, and upon the lots abutting or adjoining such property upon that side of the river or stream on which the improvement is constructed, as provided in chapter 9-43.

Source: SL 1911, ch 94, §1; RC 1919, §6367; SDC 1939, §45.2008; SL 2012, ch 57, §68.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 36 - Flood Control And Stream Improvement

Section 9-36-1 - Municipal power to define and improve stream boundaries.

Section 9-36-2 - Resolution to establish stream boundaries within corporate limits.

Section 9-36-3 - Survey and marking of proposed stream boundaries--Filing of plat.

Section 9-36-4 - Notice of proposed resolution to establish stream boundaries--Contents and publication.

Section 9-36-5 - Time of meeting to establish stream boundaries--Adjournment.

Section 9-36-6 - Filing of objections to proposed stream boundaries.

Section 9-36-7 - Hearing and final action by governing body on stream boundaries.

Section 9-36-8 - Appeal to circuit court on stream boundaries--Trial de novo.

Section 9-36-9 - Municipal acquisition of lands within established stream boundaries.

Section 9-36-10 - Improvement of stream boundaries--Land acquisition outside boundaries.

Section 9-36-11 - Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.

Section 9-36-12 - Notice to adjoining property owners to make improvements--Publication.

Section 9-36-13 - Improvements made by municipality--Special assessments for benefits.

Section 9-36-14 - Neglect by property owner to keep stream improvements in repair--Liability for damages.

Section 9-36-15 - Agreements with state and United States for cooperation in flood control projects.

Section 9-36-16 - Powers of first or second class municipalities in implementing flood control projects.

Section 9-36-17 - Validation of prior municipal proceedings to conserve water and control floods.