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2007 South Dakota Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagsd0004 and id is 1 raw text is: Official Opinion - OFFICIAL OPINION NO. 07-01, Ability of a 8o... June 12, 2007 Robert W. Klimisch Yankton County State's Attorney P.O. Box 58 Yankton, SD 57078 OFFICIAL OPINION NO. 07-01 Ability of a Board of County Commissioners to Maintain or Repair Roads within an Unorganized Township Dear Mr. Klimisch: You have requested an opinion from this Office based upon the following fa1ctual situation: FACTS: The Yankton County Commission wants to asphalt and grade an existing gravel road within an unorganized township of Yankton County. The unorganized township in question is located along the bluffs of the Missouri River near Lewis and Clark Lake. The property on the north side of the road is predominately agricultural in nature. The property on the south side of the road is being developed lor non-agricultural and recreation oriented residences. The township road in question is not covered by any existing road district. Based upon the above facts, you have requested answers to the following questions: QUESTIONS: 1. Pursuant to SDCL 31-13-51, a Board of County Commissioners has the power to levy a special front foot assessment, not to exceed eighty cents per front foot, for the purpose of maintaining or repairing roads within an unorganized township. Does maintaining or repairing include asphalt surfacing and/or final grading? 2. Does a Board of County Commissioners have the ability to use the provisions of SDCL ch. 9-43 to finance the repayment of the cost of any maintaining or repairing undertaken pursuant to SDCL. 31-13-51? IN RE QUESTION I: SDCL 31-13-51 states: The township board of supervisors or, in the case of any 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, whether of a permanent type or not, a special front foot assessment not to exceed eighty cents per front foot upon the real property fronting and abutting the roadway. Such assessment shall be apportioned on a front foot basis and shall 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 perform the duties, as applicable, that are required of' I of'4

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