South Dakota § 9-46-2.1 - Municipal sidewalk--Construction.

Full text of South Dakota South Dakota Codified Laws § 9-46-2.1 — Municipal sidewalk--Construction., with citation guidance and answers to common questions.

§ 9-46-2.1. Municipal sidewalk--Construction.

If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.

The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:

(1) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;

(2) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or

(3) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.

The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.

Source: SL 2020, ch 30, § 5.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 9-46-2.1

What does South Dakota Codified Laws § 9-46-2.1 cover?

Section 9-46-2.1 ("Municipal sidewalk--Construction.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 9-46-2.1?

A common citation format is "South Dakota Codified Laws § 9-46-2.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 9-46-2.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.