2011 South Dakota Code
Title 46A WATER MANAGEMENT
Chapter 10A. County Drainage
§46A-10A-96 Stay of proceedings on appeal--Bond--Damages.


SD Codified L § 46A-10A-96 (through 2011) What's This?

46A-10A-96. Stay of proceedings on appeal--Bond--Damages. No appeal may operate as a stay of proceedings by a board, but a court, upon taking an appeal, for good cause may issue an order staying further proceedings by a board until a hearing and determination of the merits of the appeal are completed. Before granting a stay, a court shall require a bond or other undertaking in sufficient amount and with sufficient surety so that, if the order appealed from is sustained, the person upon whose motion the stay is granted shall pay all damages caused by the stay. For purposes of this section, no activity under the provisions of § 46A-10A-25 or 46A-10A-68 may be considered an appeal.

Source: SL 1985, ch 362, § 96.

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