Section 46A-7-36 - Delinquent assessments--Compromise, abatement, or reallocation.
46A-7-36. Delinquent assessments--Compromise, abatement, or reallocation. In any case where the board of directors determines that assessments levied before February 25, 1933 against the lands of the district for either its general fund or bond and United States contract fund are delinquent to such an extent that the enforcement of the payments thereof through tax title proceedings is impracticable, and further determines that it is to the benefit of the irrigation district to compromise, abate, or reallocate any part or all of such assessments, the board is hereby authorized and empowered to compromise, abate, or reallocate any or all of said delinquent assessments, subject to the following conditions:
(1) All claims or obligations against the district's general fund for all years in which such assessments were levied must have been paid in full prior to such compromise, abatement, or reallocation, or if not paid in full, the owners of such obligations must have consented in writing to the proposed compromise, abatement, or reallocation;
(2) Where the district's bond and United States contract fund would be affected by such compromise, abatement, or reallocation, the written consent of the United States, if the assessments were levied to meet contract obligations to the United States, or of all bondholders, if the assessments were levied to meet bonded indebtedness or interest thereon, shall be obtained to each such proposed compromise, abatement, or reallocation, before it becomes effective, or such compromises, abatements, or reallocations may be made, without the individual consent of the United States or bondholders, where made in pursuance of the terms of a contract between the district and the United States or such bondholders. The board is hereby vested with authority to execute such contract with the United States or the district bondholders. This section shall not limit the rights which any irrigation district has under the existing laws to compromise, abate, or refund district assessments but shall be cumulative thereto.
Source: SDC 1939, § 61.0908; SDCL, § 46-15-36.