The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that may affect property interests by mailing the notice by certified mail, return receipt requested, to any person whose property may be affected by the hearing. As proof of service, the applicant shall file with the board an affidavit declaring that the notice was mailed and the certified mail return receipt. Any person who cannot be served notice by certified mail may be served notice of the hearing by publication.
S.D. Codified Laws § 45-9-58
Notice of hearing--Service by mail or publication--Proof of service
Applied in 1 court decision — leading case Application of Koch Exploration Co. (1986)
Most recently applied in Application of Koch Exploration Co. (May 1986)
Source: SDC Supp 1960, § 42.0712 (4) as enacted by SL 1961, ch 211, § 1; SL 1985, ch 343; SL 2012, ch 212, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.