Sections 9-45-32, 9-45-33 - Assessments based on benefits--Investigations by governing body. Portion of intersection costs assumed by municipality - South-dakota Statutes

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Statutes > South-dakota > Title-9 > Chapter-45 > Statutes-9-45-32-9-45-33

9-45-32. Assessments based on benefits--Investigations by governing body. In lieu of the method of apportionment prescribed in §§ 9-45-30 and 9-45-31, it may be provided in and by the resolution determining the necessity of any street improvement that the cost thereof shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the governing body to accrue to each of such lots and tracts from the construction of the improvement. In such event the governing body, in preparing, considering, and hearing objections to the assessment roll as provided in chapter 9-43, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement, and shall assess against each such lot and tract such amount, not exceeding said benefit as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SDC 1939, § 45.1702 (4) as added by SL 1949, ch 185, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-9 > Chapter-45 > Statutes-9-45-32-9-45-33

9-45-32. Assessments based on benefits--Investigations by governing body. In lieu of the method of apportionment prescribed in §§ 9-45-30 and 9-45-31, it may be provided in and by the resolution determining the necessity of any street improvement that the cost thereof shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the governing body to accrue to each of such lots and tracts from the construction of the improvement. In such event the governing body, in preparing, considering, and hearing objections to the assessment roll as provided in chapter 9-43, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement, and shall assess against each such lot and tract such amount, not exceeding said benefit as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SDC 1939, § 45.1702 (4) as added by SL 1949, ch 185, § 2.

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State Codes and Statutes

Statutes > South-dakota > Title-9 > Chapter-45 > Statutes-9-45-32-9-45-33

9-45-32. Assessments based on benefits--Investigations by governing body. In lieu of the method of apportionment prescribed in §§ 9-45-30 and 9-45-31, it may be provided in and by the resolution determining the necessity of any street improvement that the cost thereof shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the governing body to accrue to each of such lots and tracts from the construction of the improvement. In such event the governing body, in preparing, considering, and hearing objections to the assessment roll as provided in chapter 9-43, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement, and shall assess against each such lot and tract such amount, not exceeding said benefit as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SDC 1939, § 45.1702 (4) as added by SL 1949, ch 185, § 2.