Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.

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46A-13-36. Appeal from final determination of commission to circuit court--Manner and time of taking--Effect of taking.

An appeal shall lie from any final order or determination of the drainage commission fixing damages occasioned by the making of the drainage improvement, or fixing the proportion of assessments of benefits, to the circuit court for the county in which the property affected is located, by anyone aggrieved by any such order or determination. The appeal may be taken in the manner and within the time provided by law for appeals from the action of boards of county commissioners in drainage matters. The taking of such an appeal has the same effect and is determined by the court in like manner as appeals from boards of county commissioners in drainage matters, but does not stay the drainage proceedings. No appeal may be allowed from any action of the drainage commission except as provided in this section.

Source: SDC 1939, §61.1116; SDCL §46-23-36; SL 2011, ch 165, §519.


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