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

SD Codified L § 46A-13-34 (2019) (N/A)

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46A-13-34. Absence of arrangement for joint action--Repair and maintenance treated as drainage improvement within state. In the absence of such an arrangement for joint action, the repair and improvement of any such drainage shall be treated as a drainage improvement within the state, and its repair and maintenance within the limits of this state shall be provided for in accordance with the drainage laws of this state. The repair and maintenance shall be made by the drainage commission of the drainage district, and the commission for the purpose of making the repair and maintenance shall exercise all the powers conferred upon it by this chapter in drainage matters and may make assessments for the repair and maintenance of the improvement within this state on the property benefited by the improvement as provided in this chapter to raise money for the construction of the improvement.

Source: SDC 1939, § 61.1114; SDCL § 46-23-34; SL 2011, ch 165, § 517.

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

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§ 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.

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