South Dakota § 46-7-5.2 Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.

South Dakota Statutes

§ 46-7-5.2 — Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.

South Dakota § 46-7-5.2

Title 46WATER RIGHTS

Ch. 46-7STORAGE, DIVERSION AND IRRIGATION WORKS

This text of South Dakota § 46-7-5.2 (Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 46-7-5.2 (2026).

Text

Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5 , the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.

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Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5 , the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.