State of South Dakota
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EIGHTY-NINTH SESSION LEGISLATIVE ASSEMBLY, 2014 |
644V0524 | HOUSE BILL NO. 1125 |
Introduced by: Representatives Johns, Carson, Heinemann (Leslie), Mickelson, Olson
(Betty), Stalzer, Stevens, and Verchio and Senators Maher, Bradford,
Lederman, Soholt, and Tieszen
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-1-11 be repealed.
Section 2. That § 21-1-13 be repealed.
Section 3. That § 21-10-21 be repealed.
for the purposes prohibited by said section, the court shall order assessed against said building
and the ground upon which the same is located, and against the person or persons maintaining
said nuisance, and the owner or agent of said premises, a tax of three hundred dollars. The
assessment of said tax shall be made by the director of equalization of the county in which the
nuisance exists, or his deputies and shall be made within three months from the date of the
granting of the permanent injunction. In case the director shall fail or neglect to make said
assessment, the same shall be made by the sheriff of the county and a return of said assessment
shall be made to the county treasurer.
Section 4. That § 21-10-22 be repealed.
21-10-22. The tax provided by § 21-10-21 shall be a perpetual lien upon all property, both
personal and real, used for the purpose of maintaining said nuisance and the payment of said tax
shall not relieve the person or building from any other penalties provided by law, nor from the
effect of the provisions of the judgment other than the penalty and tax.
Section 5. That § 21-10-23 be repealed.
21-10-23. The provisions of the law relating to the collection of taxes against the person and
property of residents of this state shall govern in the collection and distribution of the tax
prescribed in § 21-10-21, so far as the same are applicable, and not in conflict with the
provisions of this chapter, but the provisions of law relating to the collection and distribution
of taxes shall not be exclusive of other provisions of law for the enforcement of judgments and
decrees of court, and the court may in its discretion make such orders as it may deem necessary
for the purpose of enforcing the collection of any such tax or any of the provisions of §§ 21-10-10 to 21-10-24, inclusive.
Section 6. That § 21-10-24 be repealed.
21-10-24. Whenever any tax provided by § 21-10-21 has been collected, the same shall be
paid to the county treasurer of the county in which such proceeding is pending, and shall by him
be apportioned to the general fund of such county.
Section 7. That § 21-25-1 be repealed.
21-25-1. Parties to a question in difference, which might be the subject of a civil action,
may, without action, agree upon a case containing the facts upon which the controversy depends,
and present a stipulation of submission of the same to any court which would have jurisdiction
if an action had been brought. It must appear by affidavit that the controversy is real, and the
proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear
and determine the case and render judgment thereon as if an action were pending.
Section 8. That § 21-25-2 be repealed.
21-25-2. If the stipulation submitted by the parties does not state facts sufficient to authorize
the granting of any relief, the court shall notify the parties and afford them an opportunity to
amend the stipulation and thereafter the court may render judgment for such relief as may be
warranted by the stipulation and amendment thereof.
Section 9. That § 21-25-4 be repealed.
21-25-4. The judgment may be enforced in the same manner as if it had been rendered in
an action, and shall be subject to appeal in like manner.