2013 South Dakota Codified Laws
Title 46 - WATER RIGHTS
Chapter 07 - Storage, Diversion And Irrigation Works
§ 46-7-5.2 Breach or repair of works by chief engineer to protect human life--Cost as lienagainst property--Other remedies.
46-7-5.2. Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies. Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5, the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.
Source: SL 1987, ch 328, § 1C; SL 2011, ch 2, § 146.
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