S.D. Codified Laws § 34A-5-26

General powers of trustees

Applied in 3 court decisions — leading case Krsnak v. Brant Lake Sanitary Dist. (2018)

Most recently applied in Krsnak v. Brant Lake Sanitary Dist. (December 2018)

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815; SL 1964, ch 144, § 7; SDCL, § 34-17-22; SL 1970, ch 197, §§ 1, 2; SL 1992, ch 60, § 2.

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The board of trustees shall have the following powers:

(1) To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond for the faithful performance of their duties as may be required by said board.

(2) To sue and be sued and to contract in the name of the district.

(3) To adopt a corporate seal.

(4) To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems.

(5) To borrow money, levy taxes and special assessments, issue bonds, and exercise the power of eminent domain in the same manner as municipalities of the first class in this state, provided, however, that the board of trustees shall not have the power of eminent domain over existing sewage, garbage, and refuse facilities.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.