Section 9-45-16 - Resolution of necessity for construction of viaduct--Assessment and liability fordamage to property. - South Dakota Statutes

9-45-16. Resolution of necessity for construction of viaduct--Assessment and liability for damage to property. Whenever any viaduct shall be declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, which may be caused to any property by reason of the construction of such viaduct and its approaches. The resolution shall be effective thirty days after the publication thereof, unless nullified by an order of the Public Utilities Commission.
Such damage shall be paid by the municipality and may be assessed against the property benefited. The proceedings for determining such damage and assessing the same shall be as provided for the grading of a street.

Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2.