SDCL § 11-9-44: Notice to purchaser or lessee and surety of noncompliance with contract--Taking possession of work site.

If the governing body finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to perform the work with diligence, or to assume the work's completion on time, the governing body shall notify the purchaser or lessee and the surety in writing of the noncompliance. Unless the purchaser or lessee complies with the terms of the agreement within twenty days from the date of the notice, the governing body may take over the work and may cause the work to be done, and the cost of the work shall be paid by the surety. The governing body may take possession of the site of the work and utilize in completion of the work the materials, appliances, and plant on the site of the work and necessary to complete the work.