Section 46A-13-26 - Damages caused by construction of proposed improvement--Assessment, hearing, appeal.
46A-13-26. Damages caused by construction of proposed improvement--Assessment, hearing, appeal. The drainage commission shall also assess the damages sustained by each tract of land or other property within this state by the construction of the proposed improvement, and fix the compensation for any land or property taken or damaged. Any person interested may be heard in the matter of damages or compensation for property taken or damaged, and the determination of the drainage commission shall be final unless an appeal therefrom shall be taken as provided in this chapter, and failure to prosecute such appeal or to appear and contest an award of damages by the commission shall be conclusively deemed a waiver of any such damages or compensation, or of any claimant's right to have the same assessed by a jury.
Source: SDC 1939, § 61.1109; SDCL, § 46-23-26.