Minnehaha County Commission declares Wayne Township property a public nuisance

The Minnehaha County Commission voted unanimously on Nov. 16, 2021 to declare a Wayne Township property a public nuisance under SDCL 21‑10‑06 after county staff reported only partial cleanup since an initial hearing in July.

Planning Director Scott Anderson told commissioners that photographs taken Nov. 10 showed some progress but “there was still a lot of items left on the property,” and that the operation (a scrap business) was not permitted in the property’s A‑1 agricultural zoning. Scott Van Ginkel, representing the property owner, said the owner had received a demolition quote from Soukup Construction and thanked the commission for the extension granted after the July hearing.

An opponent, Terry Garner, told the commission he had worked to remove materials from the site — including what was reported as 500 tires and two loads of cars — while proponent Amber Hovert urged the commission to require the owners and tenants to complete the cleanup. Commissioner Bender asked whether the lease might be terminated to force cleanup; Van Ginkel said the owners were discussing options but were concerned about assuming clean‑up costs.

Commissioner Beninga moved and Commissioner Barth seconded a motion to declare the property (legal description: SW ¼ (EX West Acres & Ex Tr 58A West Acres & A Tr 239 x 32 N of Tr 9 West Acres & Ex A Tr 20 x 349 E of Trs 61 & 61A West Acres) in Section 17‑101‑50, Wayne Township) a public nuisance and to enact SDCL 21‑10‑06. The motion passed by roll call vote, 4‑0.

Under the motion, county staff may proceed with remedies authorized by state statute if the owner does not complete abatement. The commission did not record a specific compliance deadline in the minutes; the enforcement steps will follow statutory procedures outlined in SDCL 21‑10‑06.