Section 46A-6-31 - Confirmation of contracts and assessments by board of directors--Specialproceeding in circuit court--Practice and procedure--Partial approval and partialdisapproval--Curing of defec
46A-6-31. Confirmation of contracts and assessments by board of directors--Special proceeding in circuit court--Practice and procedure--Partial approval and partial disapproval--Curing of defects in proceedings. The board of directors may, in their discretion, before or after the making of any contract with the United States or others, the levying of any assessment or taking of any particular steps or action, commence a special proceeding in the circuit court, in and by which the proceedings of such board and of said district leading up to or including the making of any such contract, and the validity of any of the terms thereof, the levying of any such assessment or the taking of any particular steps or action, shall be judicially examined, approved, and confirmed or disapproved and disaffirmed. The practice and procedure for the confirmation of any step or action provided for shall be as nearly as possible in conformity with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings and insofar as possible the court shall remedy and cure all defects in said proceedings.
Source: SDC 1939, § 61.0812; SDCL, § 46-14-30.