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South Dakota House Bill HB1173

South Dakota 2025 Regular Session

South Dakota House Bill HB1173 Compare Versions

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1-25.673.11 100th Legislative Session 1173
1+25.673.10 100th Legislative Session 1173
22
33
44 2025 South Dakota Legislature
55 House Bill 1173
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to eliminate the cap on assessment amounts for road
12-improvements.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 31-13-17 be AMENDED:
15-31-13-17. The board of supervisors shall consider the petition at the time of the
16-hearing pursuant to § 31-13-16. The supervisors may, by resolution, assess the properties
17-in the road district for the purpose of road improvement for an amount as the supervisors
18-determine advisable. The assessment may not exceed the amount set forth in the petition.
19-The assessment must be certified to the county and collected as a part of the real estate
20-taxes against the property so assessed pursuant to § 31-13-52. The assessment may only
21-be used by the township for the purpose of road improvement in the road district, or part
22-thereof, assessed.
23-Section 2. That § 31-13-51 be AMENDED:
24-31-13-51. The township board of supervisors or, if a township is no longer
25-organized, the board of county commissioners, prior to the assessment of real property
26-within the township, or unorganized township, for the next fiscal year, may levy annually
27-for the purpose of maintaining, repairing, or repaving a street surface or non-section line
28-road, whether of a permanent type or not, a special front foot assessment per front foot
29-upon the real property fronting and abutting the roadway. The assessment must be:
30-(1) Apportioned on a front foot basis;
31-(2) In an amount set by the board of supervisors, or the board of commissioners if the
32-township is no longer organized, at the annual meeting of the township; and
33-(3) Levied pursuant to § 31-13-52.
34-If the board of county commissioners is levying a special assessment on real
35-property pursuant to this section, the board of county commissioners must perform the 25.673.11 2 1173
36-HB1173 ENROLLED
37-duties, as applicable, that are required of the township board of supervisors pursuant to
38-§§ 31-13-32 to 31-13-54, inclusive. 25.673.11 3 1173
39-HB1173 ENROLLED
40-An Act to eliminate the cap on assessment amounts for road improvements.
41-
42-
43-
44-
45-I certify that the attached Act originated in
46-the:
47-
48-House as Bill No. 1173
49-
50-
51-
52-Chief Clerk
53-
54-
55-
56-
57-Speaker of the House
58-
59-Attest:
60-
61-
62-
63-
64-Chief Clerk
65-
66-
67-
68-
69-President of the Senate
70-
71-Attest:
726
737
748
759
7610
77-Secretary of the Senate
7811
12+Introduced by: Representative Kull
7913
80-
81-House Bill No. 1173
82-File No. ____
83-Chapter No. ______
84-
85-
86-
87-Received at this Executive Office
88-this _____ day of _____________,
89-
90-2025 at ____________M.
91-
92-
93-
94-By
95-for the Governor
96-
97-
98-The attached Act is hereby
99-approved this ________ day of
100-______________, A.D., 2025
101-
102-
103-
104-
105-
106-Governor
107-
108-STATE OF SOUTH DAKOTA ,
109-ss.
110-Office of the Secretary of State
111-
112-
113-Filed ____________, 2025
114- at _________ o'clock __M.
115-
116-
117-
118-
119-
120-Secretary of State
121-
122-
123-
124-By
125-Asst. Secretary of State
126-
127-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to eliminate the cap on assessment amounts for road improvements. 1
17+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18+Section 1. That § 31-13-17 be AMENDED: 3
19+31-13-17. At the time and place of hearing pursuant to § 31-13-16, theThe board 4
20+of supervisors shall consider the petition. If the supervisors determine it advisable, the at 5
21+the time of the hearing pursuant to § 31-13-16. The supervisors may, by resolution, 6
22+assess such the properties in the road district for purposes the purpose of road 7
23+improvement for an amount as the supervisors determine advisable. The assessment may 8
24+not exceed the amount set forth in the petition and in no event may the assessment 9
25+exceed two dollars a foot front in any one calendar year. The assessment shall must be 10
26+certified to the county and collected as a part of the real estate taxes against the property 11
27+so assessed and pursuant to § 31-13-52. The assessment may only be used by the 12
28+township for the purpose of road improvement in the road district, or part thereof, in 13
29+which assessed. 14
30+Section 2. That § 31-13-51 be AMENDED: 15
31+31-13-51. The township board of supervisors or, in the case of any if a township 16
32+which is no longer organized, the board of county commissioners, prior to the assessment 17
33+of real property within the township, or unorganized township, for the next fiscal year, 18
34+may levy annually for the purpose of maintaining or, repairing street surfaces, or repaving 19
35+a street surface or non-section line road, whether of a permanent type or not, a special 20
36+front foot assessment not to exceed two dollars per front foot upon the real property 21
37+fronting and abutting the roadway. Such The assessment shall be apportioned must be: 22
38+(1) Apportioned on a front foot basis; 23 25.673.10 2 1173
39+ Underscores indicate new language.
40+ Overstrikes indicate deleted language.
41+(2) In an amount set by the board of supervisors, or the board of commissioners if the 1
42+township is no longer organized, at the annual meeting of the township; and shall 2
43+be levied 3
44+(3) Levied pursuant to § 31-13-52. 4
45+If the board of county commissioners is levying a special assessment on real 5
46+property pursuant to this section, the board of county commissioners shall must perform 6
47+the duties, as applicable, that are required of the township board of supervisors pursuant 7
48+to §§ 31-13-32 to 31-13-54, inclusive. 8