9-38-40. Proceedings for ascertaining damages and benefits on grading of streets under park board. Before any road, parkway, boulevard, or street under the control of the board shall be graded, or regraded, if the property owners to be damaged thereby shall not have waived all rights to compensation for damages, proceedings shall be had for the ascertainment of the damages and benefits to arise from such grading or regrading of such parkway, boulevard, road, or street in the manner provided by law.
The governing body upon the recommendation of the board may institute such proceedings and conduct the same to a conclusion.
Source: SL 1915, ch 260, § 53; RC 1919, § 6497; SDC 1939, § 45.2529.
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