§ 38-8-2 Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory.

SD Codified L § 38-8-2 (2019) (N/A)

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38-8-2. Notice and hearing on petition for organization of district--Questions considered--Right to be heard--Hearing on inclusion of additional territory. Within sixty days after a petition under § 38-8-1 has been filed with the commission, the commission shall publish a notice as defined in § 38-7-2 of a hearing upon the question of the:

(1) Desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of a conservation district;

(2) Appropriate boundaries to be assigned to the district; and

(3) Propriety of the petition and other proceedings taken under this chapter.

Any interested party may attend the hearing and be heard. If it appears at the hearing that it may be desirable to include within the proposed district territory outside of the area within which the notice of the hearing has been given, the hearing shall be adjourned. The commission shall publish a notice pursuant to § 38-7-2 of further hearing that shall be conducted for the entire area considered for inclusion in the district.

Source: SL 1937, ch 19, § 5; SDC 1939, § 4.1507; SL 1947, ch 11; SDC Supp 1960, § 4.1507 (2); SL 1994, ch 316, § 2; SL 2018, ch 240, § 4.

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§ 38-8-1 Filing of petition for organization of district--Number of signers--Contents--Consolidation of petitions.

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§ 38-8-3 Factors considered in hearing on petition for organization of district.