South Dakota Codified Laws
Chapter 48 - Sewer Systems
Section 9-48-15 - Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.

9-48-15. Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.
If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of the construction, without interest, according to the benefits to accrue to the property before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.

Source: SDC 1939, §45.1824 as enacted by SL 1965, ch 214; SL 2012, ch 57, §112; SL 2016, ch 52, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 48 - Sewer Systems

Section 9-48-1 - Classification of sewers.

Section 9-48-2 - Authority to establish, construct, and maintain sewer systems--Separate fund.

Section 9-48-3 - Real property in adjoining state.

Section 9-48-4 - Sewer pipes on private property--Discharge of sewage into stream.

Section 9-48-5 - Acquisition of sewer mains in newly annexed area.

Section 9-48-6 - General obligation bonds for financing of sewers.

Section 9-48-7 - Connections from sewers to lot line.

Section 9-48-15 - Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.

Section 9-48-16 - Municipal purchase of private sewers.

Section 9-48-17 - Plans, specifications and cost estimate filed before purchase of sewer--Resolution.

Section 9-48-18 - Property owners' protest against purchase of private sewer.

Section 9-48-20 - Minimum distance between sewer connections.

Section 9-48-26 - Sewer utility charges established by ordinance, resolution, or with voters' approval.

Section 9-48-27 - Factors considered in establishing sewer charges--Collection with water rentals.

Section 9-48-28 - Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system.

Section 9-48-29 - Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund.

Section 9-48-30 - Special contract powers unimpaired.

Section 9-48-31 - Revenue bond authority unimpaired by provisions as to sewer charges and rentals.

Section 9-48-32 - Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant.

Section 9-48-32.1 - Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation.

Section 9-48-53 - Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities.