South Dakota Code § 31-5-25

Consultation prerequisite to construction or acquisition of facilities
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Expenditures authorized by the Legislature for construction or acquisition of district highway maintenance facilities shall be contingent upon completing the procedure described in §
31-5-23
. However, nothing in §§
31-5-23
to
31-5-26
, inclusive, prohibits the Department of Transportation from constructing highway maintenance shops if the negotiations with the local governing bodies fail to provide a satisfactory agreement for the construction or conversion of a joint facility.

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