Section 46A-4-69 - Granting or denial of petition to exclude land from irrigation district--Bestinterests of district. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-04 > Statute-46a-4-69

46A-4-69. Granting or denial of petition to exclude land from irrigation district--Best interests of district. The board of directors, if it deems it not for the best interests of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied. If it deems it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district and if less than twenty-five percent of the electors of the district show cause in writing why the lands or some portion thereof should not be excluded from the district or, having shown cause, withdraw the same, and also, if there are no outstanding bonds of the district, or, if there are outstanding bonds of the district, no bondholder assent to exclusion is required as provided by § 46A-4-68 and the resolution or resolutions authorizing the issuance of the outstanding bonds, and no contract between the district and the United States, then the board may order that the lands mentioned in the petition or some defined portion thereof is excluded.

Source: SDC 1939, § 61.0833; SDCL, § 46-12-68; SL 1976, ch 277, § 4.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-04 > Statute-46a-4-69

46A-4-69. Granting or denial of petition to exclude land from irrigation district--Best interests of district. The board of directors, if it deems it not for the best interests of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied. If it deems it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district and if less than twenty-five percent of the electors of the district show cause in writing why the lands or some portion thereof should not be excluded from the district or, having shown cause, withdraw the same, and also, if there are no outstanding bonds of the district, or, if there are outstanding bonds of the district, no bondholder assent to exclusion is required as provided by § 46A-4-68 and the resolution or resolutions authorizing the issuance of the outstanding bonds, and no contract between the district and the United States, then the board may order that the lands mentioned in the petition or some defined portion thereof is excluded.

Source: SDC 1939, § 61.0833; SDCL, § 46-12-68; SL 1976, ch 277, § 4.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-04 > Statute-46a-4-69

46A-4-69. Granting or denial of petition to exclude land from irrigation district--Best interests of district. The board of directors, if it deems it not for the best interests of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied. If it deems it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district and if less than twenty-five percent of the electors of the district show cause in writing why the lands or some portion thereof should not be excluded from the district or, having shown cause, withdraw the same, and also, if there are no outstanding bonds of the district, or, if there are outstanding bonds of the district, no bondholder assent to exclusion is required as provided by § 46A-4-68 and the resolution or resolutions authorizing the issuance of the outstanding bonds, and no contract between the district and the United States, then the board may order that the lands mentioned in the petition or some defined portion thereof is excluded.

Source: SDC 1939, § 61.0833; SDCL, § 46-12-68; SL 1976, ch 277, § 4.