§ 46A-6-31 Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects.

SD Codified L § 46A-6-31 (2019) (N/A)

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46A-6-31. Special court proceeding to confirm contracts or assessments-- Procedure--Partial approval--Curing of defects. The board of directors may, in connection with making any contract with the United States or others, levying any assessment, or taking any particular steps or action, commence a special proceeding in the circuit court, in and by which the proceedings of the district leading up to or including the making of any such contract, and the validity of any of the terms of the contract, the levying of any such assessment, or the taking of any particular steps or action, shall be judicially examined, approved, and confirmed or disapproved and disaffirmed. The practice and procedure for the confirmation of any step or action provided for shall conform as nearly as possible with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm the proceedings in part and may disapprove and declare illegal or invalid other and subsequent parts of the proceedings. Insofar as possible, the court shall remedy and cure all defects in the proceedings.

Source: SDC 1939, § 61.0812; SDCL § 46-14-30; SL 2011, ch 165, § 404.

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§ 46A-6-30 Compliance with federal and state laws--Rights of district to contract.

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§ 46A-6-32 Confirmation of issue and sale of bonds by board of directors--Judicial examination in special proceeding--Approval or disapproval by circuit court.