2022 South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 46 - Sidewalk Improvements
Section 9-46-2.1 - Municipal sidewalk--Construction.
9-46-2.1 . Municipal sidewalk--Construction.
If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.
The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:
(1) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;
(2) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or
(3) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.
The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.
Source: SL 2020, ch 30, ยง 5.
