Section 46A-13-1 - Petition for formation of interstate drainage district--Filing with clerk of circuit court--Number of signatures required--Landowners, qualifications--Time and place for hearingfixe - South-dakota Statutes

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46A-13-1. Petition for formation of interstate drainage district--Filing with clerk of circuit court--Number of signatures required--Landowners, qualifications--Time and place for hearing fixed by court, notice. Upon filing with the clerk of the circuit court for any county in this state, bordering upon any body of water or stream forming the boundary line between this state and any other state or states, or having territory included in a natural drainage basin along or extending across the boundary line of the state, a petition signed by not less than fifty South Dakota resident owners of at least ten acres of land each, as shown by the records in the offices of the register of deeds and clerk of courts of the county wherein such land is situated; and if such land is sold under a contract for deed, which is of record in the office of the register of deeds of such county, both the landowner and his individual purchaser of such land, as named in such contract for deed, shall be treated as such owners of the territory described in such petition, or by the county commissioners of any county within or partly within such territory, petitioning for the formation of a drainage district of the territory adjoining such boundary water, or included in a natural drainage basin along or extending across the boundary line of the state, the court shall, within ten days thereafter, by order, fix a time and place within the territory named therein for a hearing upon such petition, notice of which shall be given by publication in at least one legal weekly newspaper published in each county affected by such petition, for two successive weeks, the last publication of which shall be at least ten days prior to the day set for hearing.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL, § 46-23-1.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-13 > Statute-46a-13-1

46A-13-1. Petition for formation of interstate drainage district--Filing with clerk of circuit court--Number of signatures required--Landowners, qualifications--Time and place for hearing fixed by court, notice. Upon filing with the clerk of the circuit court for any county in this state, bordering upon any body of water or stream forming the boundary line between this state and any other state or states, or having territory included in a natural drainage basin along or extending across the boundary line of the state, a petition signed by not less than fifty South Dakota resident owners of at least ten acres of land each, as shown by the records in the offices of the register of deeds and clerk of courts of the county wherein such land is situated; and if such land is sold under a contract for deed, which is of record in the office of the register of deeds of such county, both the landowner and his individual purchaser of such land, as named in such contract for deed, shall be treated as such owners of the territory described in such petition, or by the county commissioners of any county within or partly within such territory, petitioning for the formation of a drainage district of the territory adjoining such boundary water, or included in a natural drainage basin along or extending across the boundary line of the state, the court shall, within ten days thereafter, by order, fix a time and place within the territory named therein for a hearing upon such petition, notice of which shall be given by publication in at least one legal weekly newspaper published in each county affected by such petition, for two successive weeks, the last publication of which shall be at least ten days prior to the day set for hearing.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL, § 46-23-1.

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Statutes > South-dakota > Title-46a > Chapter-13 > Statute-46a-13-1

46A-13-1. Petition for formation of interstate drainage district--Filing with clerk of circuit court--Number of signatures required--Landowners, qualifications--Time and place for hearing fixed by court, notice. Upon filing with the clerk of the circuit court for any county in this state, bordering upon any body of water or stream forming the boundary line between this state and any other state or states, or having territory included in a natural drainage basin along or extending across the boundary line of the state, a petition signed by not less than fifty South Dakota resident owners of at least ten acres of land each, as shown by the records in the offices of the register of deeds and clerk of courts of the county wherein such land is situated; and if such land is sold under a contract for deed, which is of record in the office of the register of deeds of such county, both the landowner and his individual purchaser of such land, as named in such contract for deed, shall be treated as such owners of the territory described in such petition, or by the county commissioners of any county within or partly within such territory, petitioning for the formation of a drainage district of the territory adjoining such boundary water, or included in a natural drainage basin along or extending across the boundary line of the state, the court shall, within ten days thereafter, by order, fix a time and place within the territory named therein for a hearing upon such petition, notice of which shall be given by publication in at least one legal weekly newspaper published in each county affected by such petition, for two successive weeks, the last publication of which shall be at least ten days prior to the day set for hearing.

Source: SDC 1939, § 61.1101; SL 1964, ch 222, § 1; SDCL, § 46-23-1.