# 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

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T46_C7_S46-7-5.2

## Section

- **Citation:** S.D. Codified Laws § 46-7-5.2
- **Heading:** Breach or repair of works by chief engineer to protect human life--Cost as lien against property--Other remedies
- **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 46-7-5.2

## Text

Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5 , the chief engineer may immediately breach or repair any works if, in the chief engineer's judgment, it is necessary to protect human life from imminent danger. The cost of the work in such cases shall be borne by the owner of the works and may be recorded as a lien against any property of the owner until paid. The provisions of chapters 5-18A and 5-18B are not applicable to this section. This section does not limit any other remedy against the owner of the works.

Source: SL 1987, ch 328, § 1C; SL 2011, ch 2, § 146.

## 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_S46-7-5.2. Check the current official text before relying on it. Not legal advice.