Section 46A-7A-162 - Procedure at hearing to determine if project benefits only portion of district--Resolution--Creation of improvement district. - South Dakota Statutes

46A-7A-162. Procedure at hearing to determine if project benefits only portion of district--Resolution--Creation of improvement district. At the noticed time and place or at any time and place to which a hearing pursuant to § 46A-7A-161 is adjourned, the board shall hold the hearing. Any interested person, including any person owning land within the district, may appear at the hearing and present testimony material to the issues. At the conclusion of the hearing, the board by resolution shall determine whether the whole or only a portion of the district will be benefited by the project or unit. If the board determines that only a portion of the district will be benefited by the project or unit, the board by resolution may establish an improvement district consisting of that portion of the district. The resolution shall describe the territory within the improvement district in a manner sufficient for identification and shall designate the improvement district by a distinctive name. In accordance with the resolution, the portion of the district shall constitute and be known as "_________ Improvement District of Cendak Irrigation District." Any decision of the board establishing an improvement district is final.

Source: SL 1985, ch 360, § 162.