Section 46A-13-35 - Defects or irregularities disregarded in suit to avoid assessment or to invalidate anyproceeding--Substantial defect, rights of parties determined by court.
46A-13-35. Defects or irregularities disregarded in suit to avoid assessment or to invalidate any proceeding--Substantial defect, rights of parties determined by court. Any defect or irregularity not affecting the substantial rights of the parties interested, occurring in any proceeding under this chapter, shall be disregarded in any action or proceeding seeking to avoid any assessment or cancel, annul, or declare void any proceeding had hereunder. In case the defect is substantial the court shall of its own motion determine the rights of the parties, validate the proceeding, and assess the costs as justice may require, if such court shall find cause for such validation or such action should have been taken in the first instance and all parties interested are before the court; and if for any reason an assessment is held void or set aside, the court shall immediately make an order directing the reassessment of a proper sum, with interest, against all property on which such assessment is held invalid and upon filing such order with the drainage commission reassessment shall be made and enforced in accordance with such order.
Source: SDC 1939, § 61.1115; SDCL, § 46-23-35.