25.673.11 100th Legislative Session 1173
2025 South Dakota Legislature
House Bill 1173
ENROLLED
AN ACT
ENTITLED An Act to eliminate the cap on assessment amounts for road
improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-13-17 be AMENDED:
31-13-17. The board of supervisors shall consider the petition at the time of the
hearing pursuant to § 31-13-16. The supervisors may, by resolution, assess the properties
in the road district for the purpose of road improvement for an amount as the supervisors
determine advisable. The assessment may not exceed the amount set forth in the petition.
The assessment must be certified to the county and collected as a part of the real estate
taxes against the property so assessed pursuant to § 31-13-52. The assessment may only
be used by the township for the purpose of road improvement in the road district, or part
thereof, assessed.
Section 2. That § 31-13-51 be AMENDED:
31-13-51. The township board of supervisors or, if a township is no longer
organized, the board of county commissioners, prior to the assessment of real property
within the township, or unorganized township, for the next fiscal year, may levy annually
for the purpose of maintaining, repairing, or repaving a street surface or non-section line
road, whether of a permanent type or not, a special front foot assessment per front foot
upon the real property fronting and abutting the roadway. The assessment must be:
(1) Apportioned on a front foot basis;
(2) In an amount set by the board of supervisors, or the board of commissioners if the
township is no longer organized, at the annual meeting of the township; and
(3) Levied pursuant to § 31-13-52.
If the board of county commissioners is levying a special assessment on real
property pursuant to this section, the board of county commissioners must perform the 25.673.11 2 1173
HB1173 ENROLLED
duties, as applicable, that are required of the township board of supervisors pursuant to
§§ 31-13-32 to 31-13-54, inclusive. 25.673.11 3 1173
HB1173 ENROLLED
An Act to eliminate the cap on assessment amounts for road improvements.
I certify that the attached Act originated in
the:
House as Bill No. 1173
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1173
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State