9-43-126. Action challenging assessment to resolve all issues in one proceeding.
If any action or proceeding is commenced and maintained in any court to restrain the collection of any assessment levied for any municipal local improvement, to recover any such assessment previously paid, to recover the possession or title of any real property sold for such an assessment, to invalidate or cancel any deed or grant thereof for such an assessment, or to restrain or delay the payment of any such assessment, the true and just amount of the assessment due upon the property shall be ascertained and judgment shall be rendered for the assessment, making the assessment a lien upon the property and authorizing execution or process to issue for the collection of the assessment by a sale of the property. If in the opinion of the court the assessment has been rendered void or voidable by any act or omission, the court may order that a reassessment be made under the provisions of §§9-43-134 and 9-43-135. The court may require the payment of the assessment as a condition for granting such relief, or declare by its judgment that the assessment is a lien upon the property, and authorize the issuing of execution or proper process for its collection by a sale of the property, to the end that the whole matter may be adjudicated in the one action or proceeding and the proper proportion or ratio of the assessment be paid by the property owner. The cost of such an action or proceeding shall be taxed as the court may direct.
Source: SL 2012, ch 57, §54.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 43 - Special Assessments And Financing Of Improvements
Section 9-43-75 - Local improvement defined.
Section 9-43-76 - Municipal powers relating to special assessments and financing local improvements.
Section 9-43-77 - Sources of funds for payment of cost of improvement.
Section 9-43-78 - Calculation of special assessments--Property outside municipal boundaries.
Section 9-43-79 - Assessment according to special benefit.
Section 9-43-80 - Total benefit of local improvement.
Section 9-43-81 - Plans and specifications.
Section 9-43-82 - Proposed resolution of necessity--Public hearing.
Section 9-43-83 - Notice of hearing--Publication.
Section 9-43-84 - Personal notice of hearing by mail.
Section 9-43-85 - Objections--Adoption--Amendment.
Section 9-43-87 - Assessment roll.
Section 9-43-88 - Lot defined.
Section 9-43-89 - Assessment payable in installments.
Section 9-43-90 - Hearing on assessment roll--Notice.
Section 9-43-91 - Approval, equalization, amendment, or rejection of assessment roll.
Section 9-43-92 - New roll to be made upon rejection.
Section 9-43-93 - List of amended items to be published--Hearing.
Section 9-43-94 - Approval and levy of assessment.
Section 9-43-95 - Resolution to specify payment plan.
Section 9-43-96 - Appeal of decision--Time for appeal--Notice of appeal.
Section 9-43-97 - Numbering of each item of assessment.
Section 9-43-98 - Special record.
Section 9-43-99 - Notice of assessment mailed to owners.
Section 9-43-100 - Continuing lien on property--Exceptions.
Section 9-43-101 - Waiver or reduction of special assessments.
Section 9-43-102 - Resolution to specify payment under Plan One or Plan Two.
Section 9-43-103 - Payment due dates--Interest on unpaid installments.
Section 9-43-104 - Payment without interest or interest to the date of payment.
Section 9-43-105 - Delivery of assessment roll to county auditor under Plan One.
Section 9-43-107 - Time for Plan One payment to municipal finance officer.
Section 9-43-109 - Calculation of interest on installments--Delinquent installments--Penalty.
Section 9-43-111 - Payment of proceeds of special assessments under Plan One or delinquent Plan Two.
Section 9-43-112 - Sale of parcel for nonpayment of taxes and assessments--Redemption.
Section 9-43-113 - County bid to include assessments--Payment and discharge of lien.
Section 9-43-114 - Negotiable bonds to finance local improvement.
Section 9-43-115 - Fund for payment of cost of improvements.
Section 9-43-116 - Transfer of special assessment bonds to general obligation bond sinking fund.
Section 9-43-117 - Application of moneys received from collection of assessments.
Section 9-43-119 - Calculation of net indebtedness of municipality on general obligation bonds.
Section 9-43-120 - Special assessment accounts--Source of moneys for accounts.
Section 9-43-121 - Separate fund to pay cost of local improvements.
Section 9-43-122 - Transfer of special assessment bonds to special assessment accounts.
Section 9-43-124 - Restriction on transfer of special assessment moneys to other municipal fund.
Section 9-43-125 - Restriction on injunctions--Time for commencing action on assessment.
Section 9-43-126 - Action challenging assessment to resolve all issues in one proceeding.
Section 9-43-127 - Districts for construction and maintenance of local improvements.
Section 9-43-128 - Plan for local improvement district.
Section 9-43-129 - Publication of notice of plan for local improvement district--Public hearing.
Section 9-43-130 - Approval, modification or rejection of plan.
Section 9-43-131 - Lots in district liable for assessments upon approval of plan.
Section 9-43-132 - Apportionment of costs according to benefits accruing to lots.
Section 9-43-134 - New assessment or reassessment for irregularities.
Section 9-43-135 - Notice of reassessment.
Section 9-43-136 - Assessment of additional cost of improvement--Public hearing.
Section 9-43-137 - Federal loans.
Section 9-43-138 - Special maintenance fee--Purposes--Exemptions.