38-8-1. Filing of petition for organization of district–Number of signers–Contents–Consolidation of petitions. Any ten percent of the voters registered for the last general election within the limits of a territory proposed to be organized into a conservation district may file a petition with the State Conservation Commission asking that a conservation district be organized to […]
38-8-10. Notices and conduct of hearings and referenda–Procedural regulations–Referendum not invalidated by informalities. The Division of Resource Conservation and Forestry shall issue the notices and conduct the hearings and referenda required by §38-8-2. No informalities in the conduct of the referendum or in any related matters may invalidate the referendum or the result of the […]
38-8-11. Vote required to authorize creation of district–Extent of participation in voting required. The State Conservation Commission may not determine that the operation of a proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the […]
38-8-12. Publication of referendum results–Determination and recording of administrative practicability and feasibility. The Division of Resource Conservation and Forestry shall publish the result of such referendum and the State Conservation Commission shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission shall […]
38-8-13. Factors considered in determining administrative practicability and feasibility. In determining whether the operation of a proposed district is administratively practicable and feasible, the State Conservation Commission shall give due regard and weight to the attitudes of the occupiers of land lying within the defined boundaries, the probable expense of carrying on erosion control operations […]
38-8-14. Time for filing new petitions after denial of district. After six months shall have expired from the date of entry of a determination by the State Conservation Commission that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions may be filed […]
38-8-15. Election of initial supervisors–District as governmental subdivision. At the general election that includes the referendum on the establishment of a conservation district, five supervisors shall be elected as provided in §38-8-39. The election of the supervisors is null and void if the referendum on the establishment of the district fails. The district is a […]
38-8-16. Application filed with secretary of state by elected supervisors–Contents–Accompanying statement by commission. The five supervisors elected pursuant to §38-8-15 shall present to the secretary of state an application signed and sworn to by them to complete the organization of the district. The application shall contain: (1)A statement that a petition for the creation of […]
38-8-17. Filing and recording of application and statement–Issuance of certificate of organization. The secretary of state shall file and record the application and statement required by §38-8-16 in an appropriate book of record in his office and shall make and issue to the said supervisors a certificate, under the seal of the state, of the […]
38-8-18. Certificate of organization as proof of establishment of district. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of a conservation district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the […]
38-8-19. Petition for inclusion of additional territory–Procedure. Petitions in a form approved by the State Conservation Commission for including additional territory within an existing conservation district may be filed with the commission, and the proceedings provided for in §§38-8-2 to 38-8-18, inclusive, in the case of petitions to organize a district shall be observed in […]
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 […]
38-8-20. Inclusion of additional territory by amendment of charter–Notice and hearing. Supervisors of a conservation district are hereby authorized, to amend the district charter of organization, to include lands previously excluded from the district and lying within the district boundaries as hereinafter provided. The conservation district supervisors shall give due notice, as determined by the […]
38-8-21. Resolution to include additional territory–Effective date. After giving due consideration to testimony presented at the hearing required by §38-8-20, and receiving consent from the governing or administrative body having jurisdiction over such excluded territory, the conservation district supervisors may adopt a resolution including such lands within the district and file a copy of the […]
38-8-22. Petition for combination or division of districts–Number of signers–Form. Petitions may be filed with the State Conservation Commission for a hearing and referendum on the combination of two or more districts, or for the division of one or more districts and the combination of any divided part thereof with any other district or a […]
38-8-22.1. Governing board resolution for combination or division of districts–Vote at general election. In lieu of the petition process authorized under §38-8-22, the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote […]
38-8-23. Commission hearing on combination or division of districts. Within sixty days after receipt of a petition pursuant to §38-8-22 or within sixty days after the receipt of a resolution pursuant to §38-8-22.1, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of […]
38-8-24. Determination of administrative practicability and feasibility of combining districts. If the State Conservation Commission shall determine upon the facts presented at the hearing pursuant to §38-8-23 and information as may be available that the combination of such districts or territory is economically practicable and feasible, the commission shall make and record such determination. If […]
38-8-24.1. Petition for referendum on organization of district–Commission action on petition. Any time within sixty days after the hearing and determination by the State Conservation Commission pursuant to §§38-8-23 and 38-8-24, the commission shall act upon the petition in accordance with procedures prescribed in this chapter for organization of a district. Source: SDC 1939, §4.1517 […]
38-8-25. Appointment of supervisors for reorganized district. Within sixty days after the hearing and determination pursuant to §§38-8-23 and 38-8-24, the Division of Resource Conservation and Forestry shall appoint five supervisors to serve until the next general election, when all supervisors shall be elected. Source: SDC 1939, §4.1517 (1) (a) as enacted by SL 1947, […]
