Any decision reached by a commission in order to settle a conflict involving drainage between landowners may be appealed to the board. Any board decision may be appealed or further appealed to the circuit court of the county wherein the conflict arose. An appeal under this section shall be commenced within twenty days of the decision being appealed. The provisions of this section notwithstanding, landowners may take a drainage conflict directly to the circuit court of the county wherein the conflict exists.
S.D. Codified Laws § 46A-10A-35
Appeals from commission and board--Time allowed--Commencing action in circuit court
Applied in 2 court decisions — leading case Carmody v. Lake County Bd. of Commn'rs (2020)
Most recently applied in Hostler v. Davison County Drainage Commission (May 2022)
Source: SL 1985, ch 362, § 35.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.