An Act to eliminate the cap on assessment amounts for road improvements and to allow townships to plan and pay for the paving and maintenance of non-section line roads.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 31-13-17 be AMENDED:
31-13-17.
At
the time and place of hearing pursuant to 31-13-16,
theThe
board of supervisors shall consider the petition
at the time and place of hearing pursuant to 31-13-16.
If the supervisors determine it advisable, the supervisors may, by
resolution, assess
such
the properties
in the road district for
purposes
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
and in no event may the assessment exceed two dollars a foot front in
any one calendar year.
The assessment
shall
must be
certified to the county and collected as a part of the real estate
taxes against the property so assessed
and.
The assessment
may only be used by the township for the purpose of road improvement
in the road district, or part thereof,
in which
assessed.
Section 2. That 31-13-51 be AMENDED:
31-13-51.
The township board
of supervisors or,
in the case of any
if a township
which 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
or,
repairing
street surfaces,
or repaving a street surface or non-section line road,
whether of a permanent type or not, a special front foot assessment
not to exceed two dollars
per front foot upon the real property fronting and abutting the
roadway.
Such
The assessment
shall
must be
apportioned on a front foot basis,
must be in an amount set by the board at the annual meeting of the
township, and
shall
must be 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
shall
must perform
the duties, as applicable, that are required of the township board of
supervisors pursuant to 31-13-32
to 31-13-54,
inclusive.