Sections 46A-13-23, 46A-13-24 - Denial of petition for improvement of interstate drainage project--Grounds--Liability of petitioners for costs of proceeding. Establishment of drainage improvement by c - South Dakota Statutes

46A-13-23. Denial of petition for improvement of interstate drainage project--Grounds--Liability of petitioners for costs of proceeding. When the drainage commission shall have fully heard and considered such petition and the joint plan as adopted or modified and the report of the engineers and viewers and the determination as to the proportion of cost to be borne by this state, if it finds the proposed drainage improvement not conducive to the public health, convenience, or welfare, or not needed or practicable for the purpose of draining agricultural lands, or that the proportion of the cost thereof to be borne by this state will be greater than the benefits conferred, it shall deny the petition for such drainage improvement, and the petitioners shall be jointly and severally liable for the cost and expenses of the proceeding thus far made and incurred by the drainage commission, the same to be recovered in a civil action.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-23.