9-36-8. Appeal to circuit court on stream boundaries--Trial de novo.
If any person owning or interested in any property affected by said proposed boundary lines shall have filed written objections to such resolution, such person shall have the right to appeal to the circuit court of the county in which the property affected thereby shall be located. Such appeal shall be taken by serving upon the auditor or clerk a notice of appeal and filing said notice with the clerk of the circuit court within twenty days after the passage of said resolution. The appeal shall stand for trial at the next succeeding term of said court without notice, and the issues thereunder shall be tried de novo.
Source: SL 1931, ch 189, §6; SDC 1939, §45.2005.
Structure 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 9-36-5 - 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 9-36-12 - Notice to adjoining property owners to make improvements--Publication.
Section 9-36-13 - Improvements made by municipality--Special assessments for benefits.
Section 9-36-15 - Agreements with state and United States for cooperation in flood control projects.
Section 9-36-17 - Validation of prior municipal proceedings to conserve water and control floods.