South Dakota Codified Laws 46A-11A-9. Intervention in mediation process
Any person or party that claims to be impacted by the planned drainage activities, upon timely notice, is allowed to intervene in the mediation process if the person’s or party’s claim of impact is supported by a claim that the person or party owns or administers real property impacted by the planned drainage. The request for intervention shall be supported by evidence that the intervention is necessary to protect the person’s or party’s property interests and that those interests will not be adequately represented by the existing parties. In considering the application for intervention, the mediator shall determine whether an applicant may intervene and whether the interest of the applicant presents a property, health, or safety issue impacted by the mediation and whether the interests of the potential interveners will not be protected by the existing parties.
Terms Used In South Dakota Codified Laws 46A-11A-9
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Source: SL 2015, ch 226, § 9.