# S.D. Codified Laws § 46-7-5.1: Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.1

## Section

- **Citation:** S.D. Codified Laws § 46-7-5.1
- **Heading:** Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 46 / Chapter 7 / Section 46-7-5.1

## Text

Upon failure or refusal of an owner of unsafe works to make the changes necessary to secure the safety of the works pursuant to the chief engineer's order or order of the board, the chief engineer may enter upon the property where the works are located and make the necessary changes. The cost of the work shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. This section does not limit any other remedy against the owner of the works. The chief engineer shall comply with the bidding provisions of chapters 5-18A and 5-18B unless the chief engineer determines that compliance with those provisions will result in harm to public health or property.

Source: SL 1983, ch 314, § 121; SL 1987, ch 328, § 1B; SL 2011, ch 2, § 145; SL 2011, ch 165, § 280.

## Nearby sections

- [S.D. Codified Laws § 46-7-1 Excess capacity of works--Availability for beneficial use](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-1.md)
- [S.D. Codified Laws § 46-7-2 Headgates or other measuring devices required](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-2.md)
- [S.D. Codified Laws § 46-7-3 Repair of works required--Rules](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-3.md)
- [S.D. Codified Laws § 46-7-5 Inspection of works by chief engineer--Order for repair of unsafe works--Repair by chief engineer--Costs--Filing of written protest--Hearing--Liability of chief engineer and state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.md)
- [S.D. Codified Laws § 46-7-5.1 Repair of unsafe works by chief engineer--Cost as lien against property--Bidding provisions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.1.md)
- [S.D. Codified Laws § 46-7-5.2 Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.2.md)
- [S.D. Codified Laws § 46-7-5.3 Investigation of dam--Variance relating to minimum spillway design requirements--Hearing](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.3.md)
- [S.D. Codified Laws § 46-7-5.4 Definition of terms](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.4.md)
- [S.D. Codified Laws § 46-7-5.5 Application to dams constructed before January 1, 1990--Owner and family sole residents--Determination of flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.5.md)
- [S.D. Codified Laws § 46-7-5.6 Owner's reporting requirements where nonowner establishes habitation within flood plain](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.6.md)
- [S.D. Codified Laws § 46-7-5.7 Privately owned high-hazard dam--Where chief engineer and state not obligated to secure safety thereof--Owner's affidavit upon refusal to correct unsafe condition](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.7.md)
- [S.D. Codified Laws § 46-7-5.8 Requirements as to form and content of owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.8.md)
- [S.D. Codified Laws § 46-7-5.9 Board's acceptance of owner's affidavit--Conditions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.9.md)
- [S.D. Codified Laws § 46-7-5.10 Recording requirements as to owner's affidavit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.1. Check the current official text before relying on it. Not legal advice.