S.D. Codified Laws § 7-16-31 — SD Code / Title 7 / Chapter 16 / Section 7-16-31
Residency requirements for state's attorney in counties with low population
Status: in_force

In any county with a population of less than five thousand persons, no state's attorney is disqualified from holding office for failure to be a resident of that county if the state's attorney is a resident of a county which is contiguous to the county in which the state's attorney holds such office.

Source: SL 2004, ch 69, § 1.
S.D. Codified Laws § 7-16A-17 — SD Code / Title 7 / Chapter 16A / Section 7-16A-17
Monthly report to circuit court for setting liens--Disposition of funds collected from liens
Status: in_force

Each public defender shall submit, at least monthly, to the presiding judge of his circuit court, a list of cases disposed of by his office for the purpose of setting the liens required by § 23A-40-9 . Any funds collected from public defender liens pursuant to the provisions of § 23A-40-9 shall be placed in the public defender fund to carry out the provisions of this chapter.

Source: SL 1978, ch 152, § 15.
S.D. Codified Laws § 7-21-32.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-32.1
Reimbursements from any budget activity added to the activity from which it was paid
Status: in_force

Any reimbursements received for unanticipated expenditures charged to any budget activity may be considered a supplemental budget and added to the budget activity from which it was paid. The supplement shall be recorded in the minutes of the proceedings of the board of county commissioners.

Source: SL 1971, ch 51; SL 1974, ch 67; SL 1991, ch 63.
S.D. Codified Laws § 7-21-18.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-18.1
Unassigned general fund balance limitation
Status: in_force

The total unassigned fund balance of the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year.

Source: SL 1981, ch 56, § 2; SL 2004, ch 70, § 1; SL 2016, ch 46, § 1.
S.D. Codified Laws § 7-26-6 — SD Code / Title 7 / Chapter 26 / Section 7-26-6
Cemeteries subject to county maintenance
Status: in_force

For the purposes of § 7-26-7 the term "abandoned cemetery" means a cemetery, in which no burial of a human body has taken place for five years and which has not been, for a period of five or more years, maintained by any person, church, religious or benevolent society, or any civic organization.

Source: SL 1973, ch 45, § 1; SL 1981, ch 57, § 1.
S.D. Codified Laws § 7-25A-34 — SD Code / Title 7 / Chapter 25A / Section 7-25A-34
Provisions of other chapters pertaining to taxation applicable
Status: in_force

The provisions of chapters 10-21 , 10-22 , 10-23 , 10-24 , and 10-25 , shall be applicable to district taxes and special assessments with the same force and effect as if such provisions were expressly set forth in this chapter.

Source: SL 1989, ch 59, § 34.
S.D. Codified Laws § 7-5-4 — SD Code / Title 7 / Chapter 5 / Section 7-5-4
Governor's proclamation of dissolution of county organization--Notice--Effective date
Status: in_force

Upon such designation by the Legislature, the Governor shall publicly proclaim the result of such election and of the designation of the county to which such disorganizing county shall be attached for state and judicial purposes, and officially notify the county auditor of the counties interested, and the disorganization of such county and its status as an unorganized county shall be in full force and effect on the first day of the month following such proclamation by the Governor.

Source: SL 1943, ch 45, § 4; SDC Supp 1960, § 12.3304.
S.D. Codified Laws § 7-21-45 — SD Code / Title 7 / Chapter 21 / Section 7-21-45
Resolution to encumber unexpended appropriations--Contents--Listing kept by auditor
Status: in_force

The board of county commissioners may by resolution at its first meeting in January or within ten days thereafter encumber that portion of unexpended appropriations from the prior year for which legal obligations were incurred but were not paid. The resolution shall state the appropriation account and amount encumbered. The county auditor shall keep a detailed listing by payee and amount supporting such amount shown in the resolution.

Source: SL 1927, ch 79, § 15; SDC 1939, § 12.2013; SL 1975, ch 76, § 8; SL 1976, ch 74, § 2.
S.D. Codified Laws § 7-22-1 — SD Code / Title 7 / Chapter 22 / Section 7-22-1
Verified statement or invoice required before claim allowed against county--Contents--Jurors' and witnesses' claims exempt
Status: in_force

Before any account, claim, or demand against any county for any obligation, property, or services for which the county is liable may be allowed, the person who has the account, claim, or demand shall:

(1) Submit in writing and verify that the account is just and true, the money charged was actually paid for the purposes stated; the property charged for was actually delivered or used for the purposes stated, and was of the value charged; and the services charged were actually rendered and of the value as charged. If the services were official, for which fees are prescribed by law, that the fees and amounts charged for the services are allowed by law and no part of the account, claim, or demand has been paid; or

(2) Present an invoice or verification which shall be attached to a county voucher, the latter being signed or verified by the county official who purchased the property or had the services rendered to the effect that the account is just and true; the money charged was actually paid for the purposes stated; the property charged for was actually delivered or used for the purposes stated, and was of the value charged; and the services charged for were actually rendered and of the value as charged. If the services were official, for which fees are prescribed by law, that the fees and amounts charged for the services are allowed by law and no part of the account, claim, or demand has been paid.

The provisions of this section do not apply to any claim or demand for the per diem of jurors or witnesses fixed by law.

Source: SL 1883, ch 112, § 87; CL 1887, § 800; SL 1893, ch 56, § 1; RPolC 1903, § 861; SL 1911, ch 109; SL 1913, ch 151; RC 1919, § 5897; SDC 1939, § 12.1803; SL 1985, ch 55; SL 2016, ch 44, § 58.
S.D. Codified Laws § 7-7-25 — SD Code / Title 7 / Chapter 7 / Section 7-7-25
Meetings of county officials for advancement of county government--Authorization
Status: in_force

County commissioners, county highway superintendents, county auditors, county treasurers, registers of deeds, state's attorneys, sheriffs, county assessing officers, and county coroners are hereby authorized to attend educational conferences, meetings, and conventions held and conducted within or without the State of South Dakota pertaining to the betterment and advancement of county government as authorized by resolution of the board of county commissioners.

Source: SL 1931, ch 119; SL 1933, ch 69, § 1; SDC 1939, § 12.1913; SL 1951, ch 28; SL 1953, ch 25; SL 1959, ch 30; SL 1961, ch 36; SL 1964, ch 29; SL 1965, ch 28, § 1; SL 1968, ch 16, § 2; SL 1972, ch 40, § 1; SL 1974, ch 55, § 11; SL 1975, ch 75, § 1.
S.D. Codified Laws § 7-21-16.2 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.2
County authorized to issue promissory notes
Status: in_force

The provisions of § 7-21-16 or any other provision of law notwithstanding, a county may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 7-21-16.3 to 7-21-16.6 , inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 7-21-16.3 and do not constitute an indebtedness of the county within the meaning of any constitutional or statutory provisions or limitations. The notes shall specify the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§ 7-21-16.3 to 7-21-16.6 , inclusive, and that the notes and the interest on the notes are payable from the sources specified in §§ 7-21-16.3 to 7-21-16.6 , inclusive. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B . No election is required, and the notes may not be issued for a term in excess of five years.

Source: SL 2012, ch 53, § 1.
S.D. Codified Laws § 7-21-51 — SD Code / Title 7 / Chapter 21 / Section 7-21-51
Accumulation of funds for capital outlay purposes
Status: in_force

A board of county commissioners may, by resolution, authorize the accumulation of funds for a period longer than one year for a capital outlay purpose which is otherwise authorized by law. For the purpose of this section, the term, capital outlay purpose, includes any purpose which is extraordinary in nature, exceeds the funding ability of a single-budget year, and may result in the purchase of services, materials, supplies, or equipment. The resolution is enacted if approved by a vote of sixty percent or more of the governing body and shall clearly set forth the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended within eighty-four months from the date of the resolution. If the specific purpose for which the funds are accumulated is no longer necessary, the funds shall revert to the fund from which the funds were originally appropriated. The amount of accumulation for a specific purpose may not exceed five million dollars. The accumulation of funds pursuant to this chapter is in addition to any accumulation of funds authorized by § 7-21-18.1 .

Source: SL 1985, ch 54; SL 1988, ch 73; SL 2008, ch 36, § 1.
S.D. Codified Laws § 7-31-35 — SD Code / Title 7 / Chapter 31 / Section 7-31-35
Appeal from county commissioners to circuit court
Status: in_force

Any person aggrieved by any decision of the board of county commissioners upon matters pertaining to §§ 7-31-1 to 7-31-34 , inclusive, shall have the right to appeal to the circuit court, and the procedure of such appeal shall be the same as now provided for by law for appeals from decisions of boards of county commissioners.

Source: SL 1939, ch 25, § 10; SDC Supp 1960, § 12.3413.
S.D. Codified Laws § 7-26-3 — SD Code / Title 7 / Chapter 26 / Section 7-26-3
Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers
Status: in_force

The board of county commissioners may, in its discretion, acquire without cost to the county historic sites located in said county and objects of historic interest including newspapers, magazines, and writings of historical interest of any sort or type whatsoever, and may provide in the county courthouse or elsewhere in the said county a room or rooms for the preservation, display, and maintenance of such objects and writings. They may cause to be erected within the said county suitable markers for any such historic site.

Source: SL 1953, ch 26; SL 1957, ch 28; SL 1959, ch 33; SDC Supp 1960, § 12.2310.
S.D. Codified Laws § 7-18A-10 — SD Code / Title 7 / Chapter 18A / Section 7-18A-10
Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes
Status: in_force

An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions, or which would nullify the purpose for which bonds have been sold by a county pursuant to statutory authority, unless proposed within a period of thirty days after the first publication of the advertisement of the notice of sale of such bonds.

Source: SL 1975, ch 82, § 22.
S.D. Codified Laws § 7-6-1 — SD Code / Title 7 / Chapter 6 / Section 7-6-1
Submission to voters of location of permanent county seat--Publication of notice
Status: in_force

The board of county commissioners of any organized county in this state in which the county seat has not been located by a majority vote, may submit the question of location of the county seat to the voters of its county at the next general election. Notice of the submission of the question shall be included in the notice published by the county auditor giving notice of the time and place of holding such general election.

Source: SDC 1939, § 12.0501; SL 1981, ch 44, § 2.
S.D. Codified Laws § 7-16A-18 — SD Code / Title 7 / Chapter 16A / Section 7-16A-18
Records maintained by public defender--Annual report to advisory committee
Status: in_force

A public defender shall keep appropriate records for each indigent person represented by the public defender's office. A public defender shall submit an annual report to the advisory committee showing the number of indigent persons represented by the public defender's office, the crimes involved, the outcome of each case, and the expenditures made in carrying out the public defender's responsibilities.

Source: SL 1978, ch 152, § 17; SL 2016, ch 44, § 37.
S.D. Codified Laws § 7-27-15 — SD Code / Title 7 / Chapter 27 / Section 7-27-15
Collection of receipts by fair board or corporation--Expenditure of funds--Annual report of receipts and expenditures
Status: in_force

In counties having a county fair board, or a lease - working agreement with a nonprofit corporation, such fair board or nonprofit corporation may be authorized to collect all of the above - mentioned receipts, pay all expenses, costs, premiums, and purses, and after the payment of said items, the net receipts shall be kept and maintained by said corporation as trust funds and expended only for the future development of the county fairgrounds and the purpose of the county fair, and related purposes. The county fair board or operating corporation must file with the county auditor an annual report of all receipts and expenditures not later than December thirty - first of each year.

Source: SDC 1939, § 12.2602 as added by SL 1951, ch 31, § 2.
S.D. Codified Laws § 7-19-7 — SD Code / Title 7 / Chapter 19 / Section 7-19-7
School mortgage obligation to state unimpaired
Status: in_force

Nothing contained in §§ 7-19-3 to 7-19-6 , inclusive, shall in any way relieve any county from paying the full amount of principal and interest due to the State of South Dakota on any school fund loan mortgage compromised.

Source: SL 1935, ch 81, § 4; SDC 1939, § 12.1916.
S.D. Codified Laws § 7-8-10 — SD Code / Title 7 / Chapter 8 / Section 7-8-10
Decennial revision of commissioner districts
Status: in_force

The board of county commissioners, at its regular meeting in December of each year ending in the numeral 1, or within three months of the federal decennial census data becoming available, and after giving notice by publication for one week in the official newspapers of the county, shall change the boundaries of the commissioner districts if the change is necessary in order that each district is as regular and compact in form as practicable. The board shall divide and redistrict its county that each district complies with the Equal Protection Clause of the Fourteenth Amendment, as determined by the last preceding federal decennial census; or the board may, at that time, choose to have commissioners elected at large. The board may choose to have its members elected from single-member districts, from multi-member districts, or from a hybrid plan of single- and multi-member districts.

Source: SL 1890, ch 66, § 1; RPolC 1903, § 813; SL 1915, ch 124; RC 1919, § 5864; SL 1937, ch 75; SL 1937, ch 88, § 4; SDC 1939, § 12.0608; SL 1966, ch 22; SL 1982, ch 64, § 1; SL 2022, ch 19, § 1.
S.D. Codified Laws § 7-16A-9 — SD Code / Title 7 / Chapter 16A / Section 7-16A-9
Persons to be represented--Services provided
Status: in_force

A public defender shall represent any indigent person who is:

(1) Detained by a law enforcement officer without charge or judicial process;

(2) Arrested or charged with having committed a crime or of being a juvenile delinquent;

(3) Detained under a conviction of a crime, juvenile delinquency, or mental illness; or

(4) Otherwise an indigent person entitled to representation by law, to the same extent as a person having his or her own counsel, and with the necessary services and facilities of representation, including investigation and other preparation, authorized or approved by a court.

Source: SL 1978, ch 152, § 9; SL 2016, ch 44, § 35.
S.D. Codified Laws § 7-16-5 — SD Code / Title 7 / Chapter 16 / Section 7-16-5
Salaries of deputies
Status: in_force

The salaries of the deputy state's attorneys shall be paid in the same manner that the salary of the state's attorney is paid each month.

No deputy state's attorney shall be entitled to receive any salary under the provisions of this section, unless the state's attorney shall, at the same time, attend to and perform the duties of his office as provided by law.

The board of county commissioners may in its discretion allow such compensation for the deputies as it shall deem proper.

Source: SL 1891, ch 108, § 1; RPolC 1903, § 935; SL 1917, ch 191; RC 1919, § 6005; SL 1921, ch 398; SL 1927, ch 194; SDC 1939, § 12.1305; SL 1941, ch 31.
S.D. Codified Laws § 7-1-4 — SD Code / Title 7 / Chapter 1 / Section 7-1-4
Bennett County boundaries
Status: in_force

Beginning on the boundary line between the states of South Dakota and Nebraska where the east boundary line of the Pine Ridge Indian Reservation intersects the same, thence north and along the east boundary line of the Pine Ridge Indian Reservation to the township line separating townships thirty - nine and forty, east Black Hills meridian; thence west and along said township line to the fifth guide meridian west of the sixth principal meridian; thence south and along said fifth guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.

Source: SL 1909, ch 280; SL 1911, ch 108, § 3; SDC 1939, § 12.0105.
S.D. Codified Laws § 7-1-61 — SD Code / Title 7 / Chapter 1 / Section 7-1-61
Todd County boundaries
Status: in_force

Beginning at the intersection of the third guide meridian west of the sixth principal meridian with the boundary line between the states of South Dakota and Nebraska; thence north and along said third guide meridian to the township line between townships thirty - nine and forty, north; thence west and along said township line to its intersection with the western boundary line of the Rosebud Indian Reservation; thence south and along said boundary line of said reservation to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.

Source: SL 1909, ch 280; SL 1911, ch 108, § 1; SDC 1939, § 12.0162.
S.D. Codified Laws § 7-18A-28 — SD Code / Title 7 / Chapter 18A / Section 7-18A-28
Revision committee appointed by board
Status: in_force

Each board, not more often than once every five years, may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance which revises the ordinances of the county.

Source: SL 1975, ch 82, § 14.
S.D. Codified Laws § 7-27-11.1 — SD Code / Title 7 / Chapter 27 / Section 7-27-11.1
Organization and incorporation of nonprofit fair corporations
Status: in_force

For purposes of this chapter, nonprofit fair corporations may be organized and incorporated as in the case of other nonprofit corporations, as provided by this code in chapters 47-22 to 47-28 , inclusive, for the operation, conduct, management, and control of county fairs and exhibitions.

Source: CCivC 1877, § 565; SL 1879, ch 8, § 1; CL 1887, § 3165; RCivC 1903, § 810; SL 1907, ch 107, § 2; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §§ 7943, 7945; SDC 1939, §§ 53.0402, 53.0404, 53.0405; SDCL, §§ 42-3-1 to 42-3-3; SL 1975, ch 81, § 11.
S.D. Codified Laws § 7-7-1.1 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.1
County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices
Status: in_force

Unless otherwise provided by county charter, at primary and general elections there shall be nominated and elected in each organized county of this state county officers as follows:

(1) In 1974 and each fourth year thereafter, a sheriff, county auditor, and register of deeds;

(2) In 1976 and each fourth year thereafter, a treasurer, state's attorney, and coroner.

The terms of all such officers shall be four years, or until their successors have been duly elected and qualified. Nevertheless, the term of any county office, combined with another pursuant to § 7-7-1.2 or 7-7-1.3 , shall expire on the first Monday of January following the ordinance authorizing the combination.

Source: SL 1973, ch 48, § 1; SL 1974, ch 56, § 1; SL 1976, ch 66, § 3; SL 1988, ch 65, § 1.
S.D. Codified Laws § 7-25A-10 — SD Code / Title 7 / Chapter 25A / Section 7-25A-10
Election of board members
Status: in_force

The board shall schedule an election of board members to be held on or before:

(1) The date of the first general municipal election after the tenth anniversary of the formation of the district; or

(2) The first general municipal election after the board receives notice of certification from the county auditor that at least forty-five registered voters reside in the district;

The county auditor shall count the number of registered voters in each district in the county before December second of each odd numbered year. If the county auditor counts forty-five or more registered voters residing in the district, the county auditor shall certify the number of registered voters in that district and send notice of certification, by certified mail, to the board. No county auditor is required to count the number of registered voters in a district after the notice has been sent to the board or the district has held an election. At the first election, one board member shall be elected for a six-year term, two members shall be elected for a four-year term, and two members shall be elected for a two-year term. The candidate receiving the highest number of votes shall serve a six-year term, the two candidates receiving the next highest number of votes shall serve four-year terms, and the two candidates receiving the next highest number of votes shall serve two-year terms. After the first election, the term for each board member shall be a six-year term. All elected board members shall be registered voters of the district.

Source: SL 1989, ch 59, § 10; SL 1999, ch 36, § 1; SL 2017, ch 55, § 1.
S.D. Codified Laws § 7-18-13 — SD Code / Title 7 / Chapter 18 / Section 7-18-13
County contributions to safety programs
Status: in_force

Any county of this state that has a population of thirty thousand or more, through its board of commissioners may, from its general fund, contribute to the support of a program of safety and the prevention of accidents. Such support may be, in whole or in part, to a safety council operated on any plan of membership and action as formulated by the National Safety Council.

Source: SL 1971, ch 49.
S.D. Codified Laws § 7-25A-11 — SD Code / Title 7 / Chapter 25A / Section 7-25A-11
Conduct of elections--Costs borne by district
Status: in_force

All elections pursuant to this chapter shall be conducted, canvassed, recounted, and contested as other elections under the general municipal election laws of this state. All election costs are to be borne by the improvement district.

Source: SL 1989, ch 59, § 11.
S.D. Codified Laws § 7-1-30 — SD Code / Title 7 / Chapter 1 / Section 7-1-30
Hand County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred sixteen north of range sixty - six west of the fifth principal meridian, thence west along the fourth standard parallel north, to the northwest corner of township one hundred sixteen north of range seventy west; thence south along the range line between ranges seventy and seventy - one west, including the offset upon the third standard parallel, to the southwest corner of township one hundred nine north of range seventy west; thence east and along the second standard parallel to the southeast corner of township one hundred nine north of range sixty - six; thence north and along the range line between ranges sixty - five and sixty - six to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12, § 16; SDC 1939, § 12.0131.
S.D. Codified Laws § 7-16B-21 — SD Code / Title 7 / Chapter 16B / Section 7-16B-21
Acceptance of gifts, contributions or funds authorized
Status: in_force

The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter.

Source: SL 1992, ch 55, § 9.
S.D. Codified Laws § 7-31-1 — SD Code / Title 7 / Chapter 31 / Section 7-31-1
Legislative policy and purpose
Status: in_force

It is hereby declared to be the policy of the Legislature to provide for the conservation of the land resources of the counties, for the establishment of sound administration and management of county - owned lands in order that these lands may be conserved and the maximum revenue obtained, for the protection of the tax base, and for the encouragement of stable operation of farms and ranches.

Source: SL 1939, ch 25, § 2; SDC Supp 1960, § 12.3402.
S.D. Codified Laws § 7-2-16 — SD Code / Title 7 / Chapter 2 / Section 7-2-16
Municipal election on adjustment of county boundaries to include all of municipality
Status: in_force

In any case where a municipality in this state is so situated that its boundaries extend into, and its area is a part of two or more adjoining counties of the state, the governing body of such municipality shall, upon petition signed by fifteen percent of the voters of such municipality, submit at a special or regular municipal, or general election held therein, the question of whether or not it is desirable that the boundaries of the counties affected should be changed so as to include all of the area of such municipality within the boundaries of one of such counties.

The voters at such election shall also indicate their choice of which county such municipality should be a part.

Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-25A-31 — SD Code / Title 7 / Chapter 25A / Section 7-25A-31
Ad valorem taxes--Delinquency and penalties
Status: in_force

All ad valorem taxes provided for in this chapter shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.

Source: SL 1989, ch 59, § 31.
S.D. Codified Laws § 7-3-7 — SD Code / Title 7 / Chapter 3 / Section 7-3-7
Inventory and apportionment of assets and liabilities by auditor-general
Status: in_force

If a new county is organized or created out of an organized county in this state or in counties which have been divided and the liabilities and assets of the county as it existed prior to the division of the county have not been apportioned and divided by the board of county commissioners of the original county and the newly organized portion, the auditor-general of this state shall make an inventory of all of the assets and liabilities of the original county and the new county or counties and estimate the value and amount of the assets and liabilities. After notice to the county commissioners of the counties affected, the auditor-general shall apportion the liabilities and assets of the counties in the manner provided by law for the apportionment of bonded indebtedness.

Source: SL 1917, ch 175, § 1; RC 1919, § 5776; SDC 1939, § 12.0404; SL 2016, ch 44, § 2.
S.D. Codified Laws § 7-25A-12 — SD Code / Title 7 / Chapter 25A / Section 7-25A-12
Conduct of campaigns
Status: in_force

Candidates seeking election to office shall conduct their campaigns in accordance with the provisions of Title 12.

Source: SL 1989, ch 59, § 12.
S.D. Codified Laws § 7-29-26 — SD Code / Title 7 / Chapter 29 / Section 7-29-26
Donation of property to nonprofit corporations
Status: in_force

By unanimous vote of its members, a board of county commissioners may give, lease or convey, upon such terms and on such conditions as the board shall set forth, personal and real property to corporations organized under chapter 47-22 , if the property is to be used exclusively by such corporation for one or more of the purposes specified in § 47-22-4 .

Source: SL 1989, ch 30, § 19.
S.D. Codified Laws § 7-25A-8 — SD Code / Title 7 / Chapter 25A / Section 7-25A-8
Hearing prerequisite to purchase or sale of certain water or sewer utilities
Status: in_force

No improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the improvement district has held a public hearing on the purchase or sale and made a determination that the purchase or sale is in the public interest.

Source: SL 1989, ch 59, § 8.
S.D. Codified Laws § 7-18-30 — SD Code / Title 7 / Chapter 18 / Section 7-18-30
Lease, sale, gift or conveyance by county authorized
Status: in_force

Any county may lease or sell or give and convey any personal or real property of the county or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conveyance, or the performance of such work, to be authorized, shall be made or done on the terms and in the manner provided by resolution of the governing body.

Source: SL 1996, ch 55, § 1.
S.D. Codified Laws § 7-11-17 — SD Code / Title 7 / Chapter 11 / Section 7-11-17
Examination of treasurer's books by county commissioners--Settlement and certification of accounts
Status: in_force

The books, accounts, and vouchers of the county treasurer and all money, warrants, or orders remaining in the treasury shall at all times be subject to the inspection and examination of the board of county commissioners, including the regular meetings of the board in January and July of each year and at any other times as the board directs. The treasurer shall settle with the board the accounts kept by the treasurer.

The treasurer shall exhibit for that purpose all books, accounts, and money, and all vouchers relating to the same to be audited. The vouchers shall be retained by the board as evidence of the treasurer's settlement and if found correct, the account shall be so certified. If it is found incorrect, the treasurer is liable on the bond.

Source: SL 1868-9, ch 25, §§ 80, 91; PolC 1877, ch 21, § 95; CL 1887, § 639; RPolC 1903, § 876; RC 1919, § 5932; SDC 1939, § 12.0817; SL 2016, ch 44, § 18.
S.D. Codified Laws § 7-21-22 — SD Code / Title 7 / Chapter 21 / Section 7-21-22
Supplemental budget to meet statutory obligations and indispensable functions of government--Notice and hearing
Status: in_force

In the event of the passage and enactment of any law during a fiscal year and after the adoption of the annual budget for a following fiscal year, imposing some new obligation or duty upon a county, or in the event of the failure to provide by the final budget a sufficient revenue to enable the county to conduct the indispensable functions of government in any department, or to pay just obligations upon the county for the necessary conduct of the courts, or for the necessary aid and support of the poor or to discharge any duty which it is the lawful duty of the county to discharge, and of which requires the incurring of liabilities or expenditures of funds for a purpose or object for which no provision has been made in the annual budget for such fiscal year, and when such occasion arises the board must make, approve, and adopt a supplemental budget providing therein for an appropriation for such purposes in such amount as the board may deem necessary, and such budget shall set out in detail each item for which an appropriation is made and the amount thereof. Notice of its intention to make and adopt such supplemental budget, as provided in this section, stating the purpose, object and items and the amount to be appropriated for each item, with the time and place when the same will be considered and adopted by the governing board, shall be given in such manner as the board may determine, provided that the time fixed for considering and adopting the same shall not be less than ten days from date when such notice is first given.

Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008 (2); SL 1943, ch 32; SL 1945, ch 33; SL 1947, ch 43.
S.D. Codified Laws § 7-9-19 — SD Code / Title 7 / Chapter 9 / Section 7-9-19
Refusal to record
Status: in_force

A register of deeds may refuse to record any document that the law does not require or authorize a register to record or any document that the register has reasonable cause to believe is a counterfeit lien as defined in § 22-11-29 .

Source: SL 1997, ch 45, § 1.
S.D. Codified Laws § 7-27-12.1 — SD Code / Title 7 / Chapter 27 / Section 7-27-12.1
Corporate county fair prohibited during state fair
Status: in_force

No fair shall be held by a fair corporation receiving aid from any county under the provisions of this chapter during the week of the state fair.

Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7947; SDC 1939, § 53.0407; SDCL, § 42-3-9; SL 1975, ch 81, § 12.
S.D. Codified Laws § 7-16-23 — SD Code / Title 7 / Chapter 16 / Section 7-16-23
Fees and costs in addition to salary--Full-time state's attorney
Status: in_force

Other than fees for child support enforcement services made upon the request of the Department of Social Services to a state's attorney under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6 , a board of county commissioners may not give or pay any fees or costs to a state's attorney as part of a salary or in addition to a salary. However, each board shall participate in the costs of the prosecution and enforcement by the state's attorney of support obligations against any responsible parent, whether of a civil or criminal nature, on a fee for service basis with the Department of Social Services. The fee is paid to the state's attorney in addition to any other compensation of the state's attorney for the performance of other public duties. A full - time state's attorney, as defined by § 7-16-19 , is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act authorized by this section nor is a full - time state's attorney entitled to extra compensation for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6 .

Source: SDC 1939, § 12.1308; SL 1977, ch 64, § 2; SL 1978, ch 59; SL 1983, ch 44, § 4; SL 1997, ch 46, § 2.
S.D. Codified Laws § 7-21-52 — SD Code / Title 7 / Chapter 21 / Section 7-21-52
Authority to create depreciation reserve for capital acquisitions
Status: in_force

The governing body of any county may, by resolution, create a depreciation reserve within any proprietary fund which may only be used for capital acquisitions, not to exceed the accumulated depreciation of the fixed assets of the respective fund. If the specific purpose for which the funds are accumulated is no longer necessary, the funds shall revert to the general fund. These funds are in addition to those authorized by § 7-21-18.1

Source: SL 1997, ch 47, § 1.
S.D. Codified Laws § 7-7-14 — SD Code / Title 7 / Chapter 7 / Section 7-7-14
Determination of population of newly created or organized county
Status: in_force

The population of the counties of this state as the basis of salaries of county officers shall be determined by the last federal census. In all counties created or organized since the last federal census has been taken, the county commissioners shall provide for the taking of the census of such county as soon as the creation or organization of such county is completed and the expense thereof shall be paid by the county. The compensation of the persons authorized by the board of county commissioners to take such census shall be fixed by the board and the census so taken shall govern as a basis for the salaries of the officers of such county until the next federal census is taken.

Source: SL 1903, ch 104; SL 1911, ch 199; SL 1915, ch 131; RC 1919, § 5818; SL 1919, ch 148, § 1; SDC 1939, § 12.1703.
S.D. Codified Laws § 7-18A-1 — SD Code / Title 7 / Chapter 18A / Section 7-18A-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context plainly requires otherwise, shall mean:

(1) "Board," a board of county commissioners;

(2) "Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers;

(3) "Publish," publication in the official county newspapers;

(4) "Resolution," any determination, decision, or direction of a board of county commissioners of a special or temporary character, made for the purpose of initiating, effecting, or carrying out its administrative duties and functions.

Source: SL 1975, ch 82, § 1.
S.D. Codified Laws § 7-30-17 — SD Code / Title 7 / Chapter 30 / Section 7-30-17
Subsequent lessee to pay cost of dam--Computation of amount payable
Status: in_force

No quarter section, or adjoining quarter section which is partially covered by the reservoir at high - water mark shall be leased or sold to another than the lessee unless the new lessee shall first pay to the county auditor for the lessee a reasonable amount for the work, labor, and material used or furnished in the building of such dam or any additions thereto, less ten percent for each year following the building of the dam or the making of any additions thereto. Any payments received from the federal government under its range program, or under any other federal program or project for the building of such dam or any addition thereto, shall also be deducted. The amount which shall be paid for the lessee, as herein provided, shall be determined in the same manner in which the value of other improvements on leased county land are determined under the provisions of §§ 7-31-9 and 7-31-10 .

Source: SL 1939, ch 24, § 3; SL 1941, ch 36, § 1; SL 1943, ch 35; SDC Supp 1960, § 12.2221.
S.D. Codified Laws § 7-10-2 — SD Code / Title 7 / Chapter 10 / Section 7-10-2
Accounting records maintained--Destruction
Status: in_force

The county auditor is required to keep and maintain such accounting records as set forth in the accounting manual prescribed by the auditor - general. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1897, ch 28, § 93; RPolC 1903, § 2156; RC 1919, § 5946; SDC 1939, § 12.0902; SL 1975, ch 76, § 2; SL 1981, ch 45, § 3.
S.D. Codified Laws § 7-31-4 — SD Code / Title 7 / Chapter 31 / Section 7-31-4
Lease of class one grazing land
Status: in_force

Class one land and all county land in those counties which have not by resolution of the board of county commissioners established a classification may be leased as follows: all grazing land classified as class one land belonging to any county of this state, acquired in satisfaction of a school - fund loan mortgage or through foreclosure of such, or acquired through tax - deed proceedings or in payment of taxes, may be offered for lease at public auction, provided that any land remaining unleased may be offered and leased privately under direction of board of county commissioners.

Source: SL 1939, ch 25, § 7; SL 1941, ch 38, § 3; SDC Supp 1960, § 12.3410 (1).
S.D. Codified Laws § 7-16B-14 — SD Code / Title 7 / Chapter 16B / Section 7-16B-14
Request for participation fund--Minimum number of participating counties required for chapter to become effective--Time limit
Status: in_force

A majority of the members - elect of the county commission shall pass a resolution requesting participation in the county legal expense relief fund before November 1, 1993, to initially be considered a participating county for the purposes of this chapter. If less than thirty - five of the counties in the state have passed resolutions requesting participation in this chapter before November 1, 1993, this chapter does not become effective. Each board of county commissioners shall by resolution take official action on whether the county will participate in the county legal expense relief fund. Such resolution shall be sent to the Office of the South Dakota Association of County Commissioners.

Source: SL 1992, ch 55, § 2; SL 1993, ch 66, § 1.
S.D. Codified Laws § 7-31-27 — SD Code / Title 7 / Chapter 31 / Section 7-31-27
Service of notice on defaulting installment purchaser
Status: in_force

Such notice shall be served personally in the manner provided for the service of a summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts, recited in the return of the sheriff of the county where real estate lies, shall be prima facie evidence that he cannot be found in such county or state, then service shall be made by notice published once each week for at least two consecutive weeks in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11); SL 1972, ch 28, § 6.
S.D. Codified Laws § 7-23-6 — SD Code / Title 7 / Chapter 23 / Section 7-23-6
Settlement by county officers for funds received--Payment into treasury
Status: in_force

All treasurers, sheriffs, clerks, constables, and other officers chargeable with money belonging to any county shall render their accounts to and settle with the board of county commissioners at the time required by law and pay into the county treasury any balance which may be due the county, take duplicate receipts therefor, and deposit one of the same with the county auditor within five days thereafter.

Source: SL 1868-9, ch 4, § 36; SL 1874-5, ch 27, § 35; PolC 1877, ch 21, § 51; CL 1887, § 615; RPolC 1903, § 855; RC 1919, § 5891; SDC 1939, § 12.1907.
S.D. Codified Laws § 7-25A-38 — SD Code / Title 7 / Chapter 25A / Section 7-25A-38
Requirements for charges--Uniformity--Production of minimum revenues
Status: in_force

The rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated:

(1) To provide for all expenses of operation and maintenance of such facility or service;

(2) To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and

(3) To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter.

Source: SL 1989, ch 59, § 38.
S.D. Codified Laws § 7-12-13 — SD Code / Title 7 / Chapter 12 / Section 7-12-13
Payment of expenses where vehicle furnished by county
Status: in_force

The sheriff, deputies, and other law enforcement officials of any county which furnishes motor vehicles for law enforcement purposes shall present itemized vouchers showing all receipted expenses, to be approved by the board of county commissioners, for payment by the county treasurer from the county general fund.

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.
S.D. Codified Laws § 7-25A-3 — SD Code / Title 7 / Chapter 25A / Section 7-25A-3
Hearing upon petition--Notice
Status: in_force

Upon the filing of the petition, the county commission of the county in which the majority of land in which the proposed district is located shall schedule a hearing to hear objections to the petition, shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed district is located, and shall permit the inspection of the petition at the office of the auditor of each county by all persons. The second notice may not be published more than thirty days or less than ten days before the hearing.

Source: SL 1989, ch 59, § 3.
S.D. Codified Laws § 7-25-7 — SD Code / Title 7 / Chapter 25 / Section 7-25-7
Advertising and award procedure for building construction contracts
Status: in_force

If any county building is to be constructed, the board shall proceed as required by chapter 5-18B . The time specified for opening of bids shall be at one of the regular or duly adjourned sessions of the board.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1972, ch 34, § 2; SL 2011, ch 2, § 113.
S.D. Codified Laws § 7-9-6 — SD Code / Title 7 / Chapter 9 / Section 7-9-6
Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted
Status: in_force

No register of deeds may accept for record or record any plat of any subdivision or rearrangement of any tract of land unless it is accompanied by the certificate of the county treasurer that all taxes which are liens upon the tract so subdivided have been fully paid. This section does not apply to plats of outlots made by the county auditor for purposes of taxation of the property platted. This section does not apply to plats made by the state highway engineer or any registered land surveyor in the employ of the state transportation department, for the purpose of describing rights of way purchased or to be purchased by the state transportation department. This section does not apply to plats made to enable the sale or transfer of centrally assessed railroad property as defined by § 10-28-1 . This section does not apply to plats made by a municipality describing easements and rights - of - way for municipal utilities.

Source: SL 1913, ch 342, §§ 1 to 3; RC 1919, § 5917; SDC 1939, § 12.0710; SL 1941, ch 27; SL 1980, ch 55; SL 1992, ch 53.
S.D. Codified Laws § 7-5-3 — SD Code / Title 7 / Chapter 5 / Section 7-5-3
Communication to Legislature of election result--Attachment for judicial purposes after county organization dissolved
Status: in_force

The Governor at the next convention of the annual session of the State Legislature shall communicate the result of such election in such county to the presiding officer of each branch of the Legislature, and thereupon the Legislature shall designate by joint resolution the county to which such county so voting to disorganize shall be attached for judicial purposes.

Source: SL 1943, ch 45, § 3; SDC Supp 1960, § 12.3303.
S.D. Codified Laws § 7-1-24 — SD Code / Title 7 / Chapter 1 / Section 7-1-24
Fall River County boundaries
Status: in_force

Beginning at a point where the one hundred third meridian of west longitude intersects the boundary line between townships six and seven, south Black Hills base line, thence west and along said township line to the boundary line between the states of South Dakota and Wyoming; thence south and along said state line to its intersection with the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to its intersection with said one hundred third meridian; thence north along said meridian to the place of beginning.

Source: SL 1883, ch 18, § 1; SDC 1939, § 12.0125.
S.D. Codified Laws § 7-21-10 — SD Code / Title 7 / Chapter 21 / Section 7-21-10
Amendment and correction of provisional budget by commissioners
Status: in_force

At any meeting held pursuant to § 7-21-9 and during the consideration of the provisional budget by the board, the board may eliminate, amend, correct, change, or alter any of the purposes, objects, items, schedules, appropriations, amounts, estimates, or matters contained in the provisional budget in such manner as the board may deem necessary and proper. All such amendments, eliminations, corrections, changes, alterations, insertions, and additions shall be made before the final approval and adoption of the budget by the board before October first of each year. All amendments, corrections, changes, alterations, eliminations, insertions, and additions made in or to the provisional budget shall be noted on the provisional budget and shall be entered at length in the minutes of the board.

Source: SDC 1939, § 12.2006; SL 1951, ch 29, § 2; SL 1994, ch 66, § 2.
S.D. Codified Laws § 7-33-4 — SD Code / Title 7 / Chapter 33 / Section 7-33-4
Tax levies and charges authorized--Licenses
Status: in_force

The board of county commissioners shall have the authority to levy and collect such taxes, fees, or charges, and require such licenses as may be appropriate to discharge their responsibility for a solid wastes management system or any portion thereof.

Source: SL 1971, ch 50.
S.D. Codified Laws § 7-8A-2 — SD Code / Title 7 / Chapter 8A / Section 7-8A-2
Board as governing body--Election
Status: in_force

In each county adopting an optional form of county government, the board of county commissioners shall be the governing body of the county and shall exercise all powers authorized by law and the State Constitution applicable to counties except as otherwise provided by this chapter. The board shall be elected in the same manner as provided by chapter 7-8 .

Source: SL 1986, ch 62, § 2.
S.D. Codified Laws § 7-22-11 — SD Code / Title 7 / Chapter 22 / Section 7-22-11
Annual payment of interest on outstanding warrants--Tax levy for interest payments
Status: in_force

The board of county commissioners may determine by resolution that interest shall be paid annually on all outstanding registered warrants of such county. When it has been so determined, said board shall, at the time and in the manner provided for the levy of taxes, make a separate and special levy of a tax sufficient to pay one year's interest on each county warrant which according to the computation of the said board will be outstanding and unpaid on the anniversary of the date thereof during the next calendar year. Such levy may be made in addition to the maximum levy otherwise allowed by law and shall be certified by the county auditor, placed on the tax roll, and collected by the county treasurer as other taxes, which funds derived from such levy shall be kept separate and apart from other tax collections and shall be used only for the purpose of paying interest on warrants as herein provided.

Source: SL 1933, ch 160, §§ 1, 2; SDC 1939, § 12.0814.
S.D. Codified Laws § 7-9A-10 — SD Code / Title 7 / Chapter 9A / Section 7-9A-10
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.), as of January 1, 2014, but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).

Source: SL 2014, ch 47, § 10.
S.D. Codified Laws § 7-33-7 — SD Code / Title 7 / Chapter 33 / Section 7-33-7
Board authorized to borrow money for the construction and operation of solid waste management facilities
Status: in_force

For the purpose of defraying the cost of acquiring, establishing, planning, operating, and maintaining a solid waste management system or facility, recycling facility, or any portion of such a system or facility, the board of county commissioners may borrow money and issue negotiable revenue bonds, without pledging or using the credit of the county. All proceedings for the construction and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility, and the borrowing of money and issuing of bonds therefore, shall be governed, to the extent applicable, by §§ 7-33-7 to 7-33-9 , inclusive, and chapters 9-40 and 34A-6 . All revenue bonds shall be authorized, issued, and sold as provided in chapter 6-8B .

Source: SL 2009, ch 31, § 1.
S.D. Codified Laws § 7-1-26 — SD Code / Title 7 / Chapter 1 / Section 7-1-26
Grant County boundaries
Status: in_force

Beginning at a point where the township line between townships one hundred seventeen and one hundred eighteen north intersects the eastern boundary line of the State of South Dakota, thence west and along said township line to the southwest corner of township one hundred eighteen north of range fifty west of the fifth principal meridian; thence north and along the range line between ranges fifty and fifty - one to the township line between townships one hundred nineteen and one hundred twenty north; thence west and along said township line, crossing the Sisseton and Wahpeton Indian Reservation in the same course, to the southwest corner of section nineteen, township one hundred twenty north of range fifty - two west; thence north and along the range line between ranges fifty - two and fifty - three west to the township line between townships one hundred twenty - one and one hundred twenty - two north, according to the survey of the former Sisseton and Wahpeton Indian Reservation; thence east and along said township line to the former easterly boundary of said reservation; thence northeasterly along said former boundary to the township line between townships one hundred twenty - one and one hundred twenty - two north, outside of said former reservation; thence east and along said township line to the eastern boundary of the State of South Dakota; thence southeasterly and south along said state line to the place of beginning.

Source: SL 1872-3, ch 16, § 7; PolC 1877, ch 42; SL 1883, ch 30; SL 1885 (SS), ch 22; SDC 1939, § 12.0127.
S.D. Codified Laws § 7-1-37 — SD Code / Title 7 / Chapter 1 / Section 7-1-37
Jerauld County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred eight north of range sixty - three west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range sixty - seven; thence south and along the range line between ranges sixty - seven and sixty - eight to the southwest corner of township one hundred six north of range sixty - seven west; thence east and along the township line between townships one hundred five and one hundred six to the southeast corner of township one hundred six north of range sixty - three west; thence north and along the range line between ranges sixty - two and sixty - three to the place of beginning.

Source: SL 1883, ch 23, § 1; SDC 1939, § 12.0138.
S.D. Codified Laws § 7-21-17 — SD Code / Title 7 / Chapter 21 / Section 7-21-17
Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded
Status: in_force

Each contract made in violation of the provisions of § 7-21-16 is null and void in regard to any obligation thereby purported to be imposed on the county. However, any officer who made or authorized the contract is individually liable for its performance.

Each officer present when the unlawful contract is made, or authorized to be made is deemed to have participated in the making or authorization of the contract, unless the officer dissents therefrom and enters, or causes to be entered, such dissent on the records of the county.

Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 12.1901; SL 2016, ch 44, § 57.
S.D. Codified Laws § 7-10-6 — SD Code / Title 7 / Chapter 10 / Section 7-10-6
Call of special election when county commissioners fail to call
Status: in_force

If the board of county commissioners for any cause fails or refuses to call special elections, the county auditor may provide for and call any special election under any of the statutes of the state in force within such county, upon the petition of a majority of all the registered voters of the county, based upon the total number of registered voters at the last preceding general election preceding such call.

Source: SL 1881, ch 73, § 1; CL 1887, § 645; RPolC 1903, § 888; RC 1919, § 5950; SDC 1939, § 12.0908; SL 1988, ch 63, § 2.
S.D. Codified Laws § 7-16-22 — SD Code / Title 7 / Chapter 16 / Section 7-16-22
Action on attorney's bond for recovery of money received
Status: in_force

The county treasurer, in the treasurer's official name and capacity, shall cause an action to be instituted upon the bond of the state's attorney for the recovery of the money so received and unpaid by the state's attorney.

Source: SL 1883, ch 43, § 10; CL 1887, § 437; RPolC 1903, § 940; RC 1919, § 6010; SDC 1939, § 12.1308; SL 2016, ch 44, § 34.
S.D. Codified Laws § 7-16-7 — SD Code / Title 7 / Chapter 16 / Section 7-16-7
Employment of special investigative agents--Qualifications--Compensation--Records
Status: in_force

The board of county commissioners may by resolution recorded in their minutes, authorize the state's attorney to employ one or more special agents, either continuously or temporarily, to serve upon authorization of the attorney general or his designee, whose duty it shall be to assist the state's attorney in the investigation of crimes. The state's attorney shall inform the attorney general or his designee when special agents are employed or terminated. A special agent shall be a certified law enforcement officer and shall be under the control and direction of the state's attorney. The board of county commissioners, by resolution, shall set a per diem or hourly salary for special agents for actual time worked which shall be paid by the county upon presentation of itemized vouchers approved by the state's attorney. The state's attorney shall maintain offense, investigative and cancellation reports on matters in which he employs special agents in a form substantially similar to those forms used by the division of criminal investigation.

Source: SL 1921, ch 398; SL 1927, ch 194; SDC 1939, § 12.1305; SL 1941, ch 31; SL 1968, ch 14; SL 1979, ch 44.
S.D. Codified Laws § 7-9-1.1 — SD Code / Title 7 / Chapter 9 / Section 7-9-1.1
Recording, filing, and indexing of records by microfilming or computerization
Status: in_force

The functions of the register of deeds, including but not limited to, the recording of instruments, liens, satisfactions, and releases and the filing of records, as well as the index to any such record, may be accomplished by means of microfilming or computerization, as provided in § 6-1-11 .

Source: SL 1988, ch 61, § 2.
S.D. Codified Laws § 7-8-18 — SD Code / Title 7 / Chapter 8 / Section 7-8-18
Tie vote of commissioners
Status: in_force

When the board of county commissioners is equally divided on any question, it shall defer a decision until the next meeting of the board and the matter shall then be decided by a majority of the board.

Source: SL 1874-5, ch 27, § 7; PolC 1877, ch 21, § 21; CL 1887, § 582; RPolC 1903, § 820; RC 1919, § 5871; SDC 1939, § 12.0615.
S.D. Codified Laws § 7-9A-9 — SD Code / Title 7 / Chapter 9A / Section 7-9A-9
Uniformity of application and construction
Status: in_force

In applying and construing the provisions of this chapter, the commission shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact these provisions.

Source: SL 2014, ch 47, § 9.
S.D. Codified Laws § 7-1-62 — SD Code / Title 7 / Chapter 1 / Section 7-1-62
Tripp County boundaries
Status: in_force

Beginning at the intersection of the third guide meridian west of the sixth principal meridian with the center of the main channel of White River, thence south and along said third guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east on said state line to its intersection by the tenth guide meridian west of the fifth principal meridian; thence north on said last mentioned guide meridian to its intersection with the center of the main channel of White River; thence westerly and up the center of the main channel of said White River to the place of beginning.

Source: SL 1872-3, ch 19; SL 1891, ch 41; SL 1907, ch 99, § 1; SDC 1939, § 12.0163.
S.D. Codified Laws § 7-16A-16 — SD Code / Title 7 / Chapter 16A / Section 7-16A-16
County appropriations for public defender fund--Administration and accounting for fund--Private contributions
Status: in_force

The board of county commissioners of each county participating in a public defender plan shall annually appropriate money from the general fund to administer the public defender. The funds appropriated by the participating counties shall be placed in a public defender fund which shall be administered by the county originating the public defender plan, unless otherwise agreed upon by the participating boards of county commissioners. Private contributions for the support of the office may be accepted and placed in the fund. The county administering the fund shall give an annual accounting to other participating counties.

Source: SL 1978, ch 152, § 12; SL 1985, ch 77, § 4.
S.D. Codified Laws § 7-7-6 — SD Code / Title 7 / Chapter 7 / Section 7-7-6
Compensation of county commissioners acting in drainage matters
Status: in_force

When the members of such commission shall act in drainage matters, the rate of compensation shall be set by the commission and the amount so received shall not be included in the compensation provided in § 7-7-5 .

Source: SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 2007, ch 36, § 2.
S.D. Codified Laws § 7-1-69 — SD Code / Title 7 / Chapter 1 / Section 7-1-69
Petition to change county name--Election--Ballot--Costs of name change paid by county
Status: in_force

If not less than fifteen percent of the registered voters of any organized county in this state, based upon the total number of registered voters at the last preceding general election, shall on or before the first day of July in any general election year, file in the office of county auditor a petition requesting that the name of the county be changed, the county auditor shall at the next general election submit the question to the registered voters of the county on a separate printed ballot if using a hand counted paper ballot. The petition shall also authorize the county to appropriate and pay for all local government and state government costs associated with changing the name of the county. If the county uses an optical scan ballot, the question may be included on the general election ballot. The following question shall be submitted to the voters:

Shall the name of this county be changed to __________ and county funds be appropriated to pay for all local government and state government costs associated with the name change?

______ Yes

______ No

All voters in favor of changing the name of the county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word Yes on the ballot. All voters who do not favor changing the name of the county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word No on the ballot. All local government and state government costs associated with changing the name of the county shall be paid by the county from county funds appropriated for that purpose before the change of the name of the county shall be effective.

Source: SL 1992, ch 51, § 1; SL 2015, ch 57, § 4; SL 2016, ch 43, § 2.
S.D. Codified Laws § 7-9A-7 — SD Code / Title 7 / Chapter 9A / Section 7-9A-7
Removal of member
Status: in_force

The electronic recording commission may remove an appointed member of the commission for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

Source: SL 2014, ch 47, § 7.
S.D. Codified Laws § 7-18-20 — SD Code / Title 7 / Chapter 18 / Section 7-18-20
Adoption of ordinances to protect groundwater authorized--Scope and purpose--Agreements to implement and enforce wellhead protection program
Status: in_force

A county may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17 , and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A county may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.

Source: SL 1989, ch 306, § 44.
S.D. Codified Laws § 7-19-3 — SD Code / Title 7 / Chapter 19 / Section 7-19-3
Compromise of mortgage indebtedness authorized on refinancing
Status: in_force

Whenever any school fund mortgage or courthouse or jail building fund loan mortgage held by any county is in default and is being refinanced through any other loaning agency, and the total amount due thereon for principal, interest, and taxes is greater than the value of the real estate securing such mortgage, and it is impossible to collect the full amount of said mortgage indebtedness by foreclosure of said mortgage or otherwise, the board of county commissioners may in its discretion compromise the amount due on such mortgage for cash or federal farm mortgage corporation bonds which said compromise shall be in full satisfaction of any such loan if in the opinion of said board such compromise would be to the advantage and best interest of said county.

Source: SL 1935, ch 81, § 1; SDC 1939, § 12.1916.
S.D. Codified Laws § 7-25-2 — SD Code / Title 7 / Chapter 25 / Section 7-25-2
Investment of building fund--Income paid into fund
Status: in_force

The board of county commissioners shall have the power to loan or invest any balance of any such fund as referred to in § 7-25-1 upon first mortgages upon real property worth at least double the value of the sum loaned, or upon bonds of the State of South Dakota, or upon bonds or warrants of the county, or upon bonds of any municipality or school district within the county, at such legal rate of interest as may be agreed, and may also loan or invest such funds in United States government bonds, and the income from such loans shall be paid into such fund.

Source: SL 1911, ch 123, § 2; RC 1919, § 6954; SL 1931, ch 115, § 2; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-9-24 — SD Code / Title 7 / Chapter 9 / Section 7-9-24
Electronic preservation of documents
Status: in_force

Any permanent document filed or recorded in the office of the register of deeds may be electronically preserved provided the original record is retained in hard copy or on microfilm.

Source: SL 2010, ch 35, § 1.
S.D. Codified Laws § 7-1-58 — SD Code / Title 7 / Chapter 1 / Section 7-1-58
Spink County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred twenty north of range sixty, west of the fifth principal meridian, thence west and along the fifth standard parallel north to the northwest corner of township one hundred twenty north of range sixty - five west; thence south and along the range line between ranges sixty - five and sixty - six west, to the southwest corner of township one hundred fourteen north of range sixty - five west; thence east and along the township line between townships one hundred thirteen and one hundred fourteen north, to the southeast corner of township one hundred fourteen north of range sixty west; thence north and along the eighth guide meridian west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12, § 13; SDC 1939, § 12.0159.
S.D. Codified Laws § 7-16-14 — SD Code / Title 7 / Chapter 16 / Section 7-16-14
Actions against county commissioners for misconduct in office
Status: in_force

It shall be the duty of the state's attorney to begin and prosecute a civil action or actions on behalf of the county against the county commissioners, or any one or more of them, for malfeasance in office, misappropriation of public funds, or other misconduct whenever there is reasonable cause therefor and he shall be requested so to do by a written petition signed by fifteen resident taxpayers of the county.

Source: SL 1897, ch 116, § 1; RPolC 1903, § 931; RC 1919, § 6001; SDC 1939, § 12.1302 (3).
S.D. Codified Laws § 7-7-7 — SD Code / Title 7 / Chapter 7 / Section 7-7-7
Mileage allowance when commissioners travel together--Pooling of mileage allowances
Status: in_force

When the county commissioners travel in a body, or when two or more travel together, in the same vehicle not a common carrier only one shall be paid mileage.

The county commissioners may by an annual resolution, pool the mileage allowance as authorized by § 7-7-5 for each commissioner, and thereby authorize each commissioner to be paid his actual mileage expenses incurred, provided, however, that such total mileage expenditures for the fiscal year, for all commissioners shall not exceed the aggregate mileage expenses authorized by § 7-7-5 .

Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1964, ch 25; SL 1967, ch 17, § 1.
S.D. Codified Laws § 7-12-20 — SD Code / Title 7 / Chapter 12 / Section 7-12-20
Endorsement of fees for service of process for state--Fees not required of county
Status: in_force

If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a statement of the fees for the service, the number of miles traveled, and the amount of mileage. If the sheriff fails to make the return with the statement and file the return with the clerk of the court from which the process issued before judgment is pronounced in the action to which the process relates, the sheriff may not receive any fee for the service. The county commissioners of the county where the service is performed are also prohibited from allowing the reimbursement. No fee may be required of a county, its officers, or board of county commissioners in any action commenced by the county.

Source: SL 1883, ch 54, § 1; CL 1887, § 1413; RPolC 1903, § 1834; RC 1919, § 5959; SDC 1939, § 12.1005; SL 1984, ch 161, § 6; SL 2016, ch 44, § 27.
S.D. Codified Laws § 7-7-1.3 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.3
First election of officer for combined office--Term--Salary
Status: in_force

If a majority of those voting shall approve the question at the special election pursuant to § 7-7-1.5 or if the offices are combined pursuant to § 7-7-1.2 , an officer shall be nominated and elected at the next general election to the combined office in the same manner provided by law for the election of other county officers. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election. The salary of the elective officer shall be the higher of either office combined.

Source: SL 1976, ch 66, § 2; SL 1988, ch 65, § 3.
S.D. Codified Laws § 7-8-1 — SD Code / Title 7 / Chapter 8 / Section 7-8-1
Number and terms of office of commissioners--Staggered terms
Status: in_force

Each organized county shall have a board of commissioners consisting of not less than three nor more than seven members, each of whom shall be elected at a general election only and whose term of office shall be four years commencing on the first Tuesday of January following election. Any commissioner who represents an even - numbered district shall run for election at the general election at which the President is elected; any commissioner who represents an odd - numbered or unnumbered district shall run for election at the general election at which the Governor is elected.

Source: SDC 1939, § 12.0601; SL 1998, ch 39, § 1.
S.D. Codified Laws § 7-18-28 — SD Code / Title 7 / Chapter 18 / Section 7-18-28
Lease of federal or state real property for public purposes
Status: in_force

Any county may lease real property within the county from federal or state agencies to promote, establish, and maintain recreational, industrial, or economic development opportunities, and may sublease the property to any person for any such authorized public purpose. Any lease or sublease shall be authorized on the terms and in the manner provided by resolution of the commissioners, and the provisions of chapter 7-30 do not apply.

Source: SL 1992, ch 56.
S.D. Codified Laws § 7-33-3 — SD Code / Title 7 / Chapter 33 / Section 7-33-3
Lease or purchase of land, facilities and vehicles authorized
Status: in_force

The board of county commissioners is authorized to contract for the lease or purchase of land, facilities and vehicles for the operation of a solid wastes management system either for the county or as a party to a regional solid wastes authority.

Source: SL 1971, ch 50.
S.D. Codified Laws § 7-1-7 — SD Code / Title 7 / Chapter 1 / Section 7-1-7
Brown County boundaries
Status: in_force

Beginning on the boundary line between the states of South Dakota and North Dakota where the eighth guide meridian west, intersects the same, thence west and along said state line to the northwest corner of township one hundred twenty - eight north of range sixty - five, west of the fifth principal meridian; thence south along the range line between ranges sixty - five and sixty - six west, to the fifth standard parallel north; thence east and along said fifth standard parallel to said eighth guide meridian; thence north along said eighth guide meridian to the place of beginning.

Source: SL 1879, ch 12, § 15; SDC 1939, § 12.0108.
S.D. Codified Laws § 7-9-2 — SD Code / Title 7 / Chapter 9 / Section 7-9-2
Seal of office--Use on instruments
Status: in_force

The register of deeds shall obtain a seal which shall bear the following inscription: "Register of deeds of __________ county." The seal may be in a rubber, raised embosser, or electronic format and shall be used on each instrument to which the register of deeds affixes his or her signature. The signature of the register of deeds may be in original or electronic format.

Source: SL 1883, ch 95, § 1; CL 1887, § 625; RPolC 1903, § 867; RC 1919, § 5911; SDC 1939, § 12.0701; SL 1978, ch 55; SL 2014, ch 47, § 11.
S.D. Codified Laws § 7-12-9 — SD Code / Title 7 / Chapter 12 / Section 7-12-9
Deputies, jailers, and clerks authorized by county commissioners--Compensation
Status: in_force

If in the judgment of the board of county commissioners, it shall be necessary for the prompt dispatch of business in the office of the sheriff that one or more deputies, jailers or clerks be appointed therein, the board shall by resolution fix the number of such deputies, jailers or clerks and the compensation which they shall receive. The salary of each clerk, jailer and deputy shall be paid out of the county general fund.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4.
S.D. Codified Laws § 7-21-24 — SD Code / Title 7 / Chapter 21 / Section 7-21-24
Notice to county agencies of budget amounts
Status: in_force

After the approval and adoption of the annual budget as provided in § 7-21-12 , and immediately after the approval and adoption of each supplemental budget, as provided in § 7-21-21 or § 7-21-22 , the county auditor shall notify in writing before the beginning of the next fiscal year, each officer and board, and each employee in charge of an office, bureau, or department, and each head, person, or board in charge of an institution or agency of the county for which any appropriation is provided in such annual or supplemental budget of the amount of such appropriations and the same shall be itemized so as to show in detail each purpose and object and each item thereof for which any appropriation is provided and the amount thereof.

Source: SL 1927, ch 79, § 11; SDC 1939, § 12.2009.
S.D. Codified Laws § 7-31-25 — SD Code / Title 7 / Chapter 31 / Section 7-31-25
Sale contract void on default in payment of installments--Forfeiture and reentry by county
Status: in_force

The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the county treasurer. Whenever the purchaser of any tract shall fail to pay the principal or interest due by him to the county for such tract within three months after same shall become due, or shall violate any of the provisions of the contract of sale, such contract shall be null and void, and he shall forfeit the amount of purchase money and interest paid on the purchase of said land, and all right, title and interest in all improvements thereon and such payments and improvements shall be retained by the county for the same purposes for which the proceeds of sale from such lands are used, in full satisfaction and in liquidation of all damages for the use and possession of said property by the purchaser; and the county shall have the immediate right to reenter and take possession of said real estate.

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (10).
S.D. Codified Laws § 7-16B-20 — SD Code / Title 7 / Chapter 16B / Section 7-16B-20
Factors utilized in computing participating county's share of fund
Status: in_force

Each participating county's share of the county legal expense relief fund shall be computed utilizing the following factors:

(1) The percent of the total population of the participating counties in the state which reside in the county excluding individuals not subject to the jurisdiction of the unified judicial system; and

(2) The percent of the true and full assessed value of the participating counties in the state associated with the county as determined by the Department of Revenue.

Each participating county's share of the county legal expense relief assessment shall be calculated by multiplying the average of the two factors by the total assessment.

Source: SL 1992, ch 55, § 8.
S.D. Codified Laws § 7-1-3 — SD Code / Title 7 / Chapter 1 / Section 7-1-3
Beadle County boundaries
Status: in_force

Beginning at the southeast corner of township one hundred nine north of range fifty - nine, west of the fifth principal meridian; thence north and along the range line between ranges fifty - eight and fifty - nine west, to the northeast corner of township one hundred thirteen north of range fifty - nine west; thence west and along the township line between townships one hundred thirteen and one hundred fourteen to the northwest corner of township one hundred thirteen north of range sixty - five west; thence south and along the range line between ranges sixty - five and sixty - six west to the second standard parallel north; thence along said second standard parallel to the place of beginning.

Source: SL 1879, ch 12, § 12; SDC 1939, § 12.0104.
S.D. Codified Laws § 7-27-11 — SD Code / Title 7 / Chapter 27 / Section 7-27-11
Working agreement with nonprofit operating corporation
Status: in_force

In lieu of appointing a secretary or manager, or a county fair board, the county commissioners may enter into a lease or working agreement with a nonprofit operating corporation which shall conduct and have full management and control of the county fair and which is hereby empowered to exercise all rights and privileges and granted all immunities with regard to such conduct, management and control as are granted boards of county commissioners by this chapter and code, except to the extent expressly limited by any such lease or working agreement. One member of the board of county commissioners shall be appointed by it to serve as ex officio member of the board of directors of the nonprofit operating corporation.

Source: SDC 1939, § 12.2601 (2) as added by SL 1951, ch 31, § 1; SL 1975, ch 81, § 6.
S.D. Codified Laws § 7-8-26.3 — SD Code / Title 7 / Chapter 8 / Section 7-8-26.3
Annual report of self-insurance system--Audit
Status: in_force

Any self - insurance system created pursuant to § 7-8-26.2 shall publish an annual report. The financial statements contained in the report required by this section shall be audited by an independent certified public accountant.

Source: SL 1983, ch 42, § 3.
S.D. Codified Laws § 7-18-7 — SD Code / Title 7 / Chapter 18 / Section 7-18-7
Tax levy to pay judgment against county--County property exempt from process
Status: in_force

If any judgment is obtained against a county, the board of county commissioners may, at any time after the expiration of six months from the rendition of the judgment, assess and collect a sufficient amount of revenue to pay off and discharge the judgment. The property of the county and of persons owning property situated or liable to taxation therein may not be subject to judgment lien or liens, nor to seizure or sale upon execution or other process of any court. The levy authorized by this section is in addition to the levy authorized in § 10-12-21 .

Source: SL 1874-5, ch 27, § 29; PolC 1877, ch 21, § 14; SL 1881, ch 54, § 1; CL 1887, § 573; RPolC 1903, § 796; RC 1919, § 5792; SDC 1939, § 12.1805; SL 1985, ch 77, § 5.
S.D. Codified Laws § 7-25A-20 — SD Code / Title 7 / Chapter 25A / Section 7-25A-20
Authority of manager to hire--Compensation of employees determined by board
Status: in_force

The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board.

Source: SL 1989, ch 59, § 20.
S.D. Codified Laws § 7-27-10 — SD Code / Title 7 / Chapter 27 / Section 7-27-10
County fair board--Appointment, organization, and duties of board and officers
Status: in_force

The county commissioners may, in lieu of appointing a secretary or manager, appoint a county fair board which shall conduct and have full management and control of the county fair. The board of county commissioners shall determine the number and tenure of the members of the board and shall determine the duties of the board. After the appointment of the members of the said board, the members shall organize by selecting one of its members as chairman, another member as secretary and another member as treasurer, provided the same member may be both secretary and treasurer. The treasurer must be bonded. The county fair board shall have authority to do all things necessary to conduct the county fair.

Source: SDC 1939, § 12.2601 (2) as added by SL 1951, ch 31, § 1.
S.D. Codified Laws § 7-22-17 — SD Code / Title 7 / Chapter 22 / Section 7-22-17
Cancellation of check or warrant not presented within two years of issuance--Notation in register
Status: in_force

The board of county commissioners may, by resolution, cancel any check or warrant that has not been presented for payment at any time within two years of the date on which the check or warrant was issued. Upon such resolution the county auditor shall note the cancellation in the check or warrant register.

Source: SL 1887, ch 37, §§ 1, 2; CL 1887, §§ 589, 590; RPolC 1903, §§ 827, 828; RC 1919, §§ 5874, 5875; SDC 1939, § 12.1905; SDCL, § 7-22-5 ; SL 1968, ch 19; SL 1976, ch 75, § 1.
S.D. Codified Laws § 7-25A-30 — SD Code / Title 7 / Chapter 25A / Section 7-25A-30
Assessment of ad valorem tax--Purpose--Maximum amount--Collection
Status: in_force

The board may levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain projects; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, may not exceed ten dollars per one thousand dollars per taxable value. The ad valorem tax shall be in addition to county and all other ad valorem taxes. The tax shall be assessed, levied, and collected in the same manner and at the same time as county taxes.

Source: SL 1989, ch 59, § 30.
S.D. Codified Laws § 7-16-9 — SD Code / Title 7 / Chapter 16 / Section 7-16-9
Prosecution and defense of actions for state and county--Proceedings outside county or in federal court
Status: in_force

The state's attorney shall appear in all courts of his county and prosecute and defend on behalf of the state or his county all actions or proceedings, civil or criminal, in which the state or county is interested or a party. No state's attorney is required to appear in courts outside his county to prosecute and defend on behalf of the state or his county, any action or proceeding, civil or criminal, in which the state or county is interested or a party, except as required under § 7-16-15 . If a part - time state's attorney appears in courts outside his county or in federal courts to represent the state or his county, he may receive extra compensation for the legal services pursuant to § 7-16-6 .

Source: SL 1883, ch 43, § 2; CL 1887, § 428; RPolC 1903, § 928; RC 1919, § 5998; SDC 1939, § 12.1302 (2); SL 1983, ch 44, § 6; SL 1985, ch 51.
S.D. Codified Laws § 7-18-9 — SD Code / Title 7 / Chapter 18 / Section 7-18-9
Condemnation of private property by county--Resolution of necessity
Status: in_force

The board of county commissioners may condemn private property for public purposes in the manner and to the extent provided by law.

If the board of county commissioners deems it necessary to condemn private property for the purpose of opening, constructing, changing, relocating, maintaining, repairing, or extending any highway or bridge within its county, or for the purpose of erecting, repairing, or extending any courthouse, jail, or other public building, and of acquiring other or additional ground therefor, or for the purpose of providing cut slopes, borrow pits, or channel changes, or to afford unobstructed vision on the highways in the county at any point of danger to public travel, for right-of-way and borrow pit, or for the purpose of making any other public improvement or to acquire private property for any public use authorized by law, the board shall by resolution declare an appropriation necessary to be made and state the purpose and extent of the appropriation.

Nothing in this section may be construed as authorizing county commissioners to condemn property for county courthouse or jail site until a majority of the voters of a county have voted in favor of the erection of a courthouse or jail.

Source: SL 1913, ch 152, §§ 1, 2; RC 1919, §§ 5805, 5806; SDC 1939, § 12.1806; SL 1957, ch 25; SL 2016, ch 44, § 46.
S.D. Codified Laws § 7-21-2 — SD Code / Title 7 / Chapter 21 / Section 7-21-2
Commissioners to adopt annual budget
Status: in_force

It shall be the duty of the board of county commissioners of each and every county to prepare and adopt an annual budget of all of the contemplated expenditures and revenues of the county and all of its institutions and agencies for each fiscal year, save and except so much of such contemplated expenditures as are for the making or maintenance of special improvements.

Source: SL 1927, ch 79, § 4; SDC 1939, § 12.2002.
S.D. Codified Laws § 7-1-38 — SD Code / Title 7 / Chapter 1 / Section 7-1-38
Jones County boundaries
Status: in_force

Beginning at the northwest corner of township two north of range twenty - six east Black Hills meridian, thence south and along the range line between ranges twenty - five and twenty - six east to the center of the main channel of White River; thence easterly and along the center of the main channel of said White River to the west line of range seventy - nine west of the fifth principal meridian; thence north and along said range line to its intersection with the township line between townships two and three north Black Hills base line; thence west and along said township line to the place of beginning.

Source: Election of November, 1916, for division; SDC 1939, § 12.0139.
S.D. Codified Laws § 7-25-19 — SD Code / Title 7 / Chapter 25 / Section 7-25-19
Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption
Status: in_force

The board of county commissioners of any county may by resolution exercise all the powers conferred on the South Dakota Building Authority pursuant to and in the manner provided by §§ 5-12-15 , 5-12-19 and 5-12-42 to 5-12-45 , inclusive, with respect to the acquisition, lease, sale and lease - back of land, improvements, and capital equipment to be used for any lawful purpose, except that the proceeds of sale of any such facility are subject to § 6-13-8 . All land, improvements and capital equipment owned or being leased or acquired by the county pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease - purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.

Source: SL 1984, ch 48, § 1; SL 1987, ch 185, § 3; SL 1989, ch 30, § 14.
S.D. Codified Laws § 7-1-13 — SD Code / Title 7 / Chapter 1 / Section 7-1-13
Clark County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred nineteen north of range fifty - six, west of the fifth principal meridian, thence west and along the township line between townships one hundred nineteen and one hundred twenty to the eighth guide meridian west; thence south and along said eighth guide meridian to the southwest corner of township one hundred fourteen north of range fifty - nine west; thence east and along the township line between townships one hundred thirteen and one hundred fourteen to the southwest corner of township one hundred fourteen north of range fifty - eight west; thence south and along the range line between ranges fifty - eight and fifty - nine west, to the southwest corner of township one hundred thirteen north of range fifty - eight; thence east and along the third standard parallel north to the southeast corner of township one hundred thirteen north of range fifty - six west; thence north and along the eastern boundary line of said township fifty - six, to the place of beginning.

Source: SL 1872-3, ch 16, § 16; PolC 1877, ch 42; SL 1879, ch 12; SL 1885 (SS), ch 12; SDC 1939, § 12.0114.
S.D. Codified Laws § 7-18A-37 — SD Code / Title 7 / Chapter 18A / Section 7-18A-37
Criminal background check of persons seeking employment with county
Status: in_force

Any county may, by ordinance, require any person over eighteen years of age seeking employment with the county to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The ordinance shall specify which occupations or positions require a criminal background check. The county may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the county all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of employment.

Source: SL 2010, ch 38, § 1.
S.D. Codified Laws § 7-25-6 — SD Code / Title 7 / Chapter 25 / Section 7-25-6
Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings
Status: in_force

The board of county commissioners when authorized to erect any county building or joint county and municipal building shall have power to acquire ground for a site by purchase or condemnation.

The board shall also have the entire supervision of the construction of all county buildings and monuments.

Source: SL 1897, ch 49, § 4; RPolC 1903, § 973; RC 1919, § 6985; SDC 1939, § 12.2307.
S.D. Codified Laws § 7-9-13.1 — SD Code / Title 7 / Chapter 9 / Section 7-9-13.1
Release of old age assistance liens
Status: in_force

All liens and claims in favor of the state arising under former chapter 28-4 are hereby released, satisfied, and discharged in full. The register of deeds of each county shall search the records in his office and enter such action citing this section as his authority.

Source: SL 1974, ch 191, § 2; SL 1981, ch 44, § 7.
S.D. Codified Laws § 7-7-20 — SD Code / Title 7 / Chapter 7 / Section 7-7-20
Authorization for employment of deputies and clerks--Payment of compensation
Status: in_force

If in the judgment of the board of county commissioners it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the county treasurer, county auditor, county coroner, or register of deeds that deputies or clerks be employed therein, it shall by resolution fix the number of deputies or clerks to be employed, the time of employment, and compensation which they shall receive. Such compensation shall be paid monthly by warrant on the general fund.

Source: SL 1887, ch 10, § 8; CL 1887, § 653; SL 1890, ch 134, § 5; RPolC 1903, §§ 883, 890; SL 1917, ch 188, § 7; SL 1917, ch 189, § 4; RC 1919, § 5906; SDC 1939, § 12.1601; SL 1955, ch 21; SL 1968, ch 16, § 1; SL 1971, ch 44, § 2.
S.D. Codified Laws § 7-1-49 — SD Code / Title 7 / Chapter 1 / Section 7-1-49
Miner County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred eight north of range fifty - five west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range fifty - eight west; thence south and along the range line between ranges fifty - eight and fifty - nine west, to the southwest corner of township one hundred five north of range fifty - eight west; thence east and along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty - five west; thence north and along the range line between ranges fifty - four and fifty - five west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 47, § 1; SL 1883, ch 31, § 1; SDC 1939, § 12.0150.
S.D. Codified Laws § 7-21-49 — SD Code / Title 7 / Chapter 21 / Section 7-21-49
Transfer of unused balance of special funds
Status: in_force

Whenever there remains in the treasury of any county an unexpended balance of any special fund, and all claims against such fund have been fully paid, and the purpose for which it was created has been fully subserved, and there remains no further use for such balance for the purpose for which it was created, it shall be lawful for the board of county commissioners to transfer such balance to any other fund of the county or subdivision to which such balance belongs.

Source: SL 1887, ch 144, § 1; CL 1887, § 602; RPolC 1903, § 842; RC 1919, § 5880; SDC 1939, § 12.1904.
S.D. Codified Laws § 7-21-20 — SD Code / Title 7 / Chapter 21 / Section 7-21-20
Appropriations to be within budget--Additions to budget prohibited
Status: in_force

The board of county commissioners must not at any time or in any manner whatsoever make or provide for any appropriation or appropriations or for any expenditure or expenditures for any purpose, object, or item whatever, other than in and by the annual budget for the fiscal year as hereinbefore provided, and must not after the approval and adoption of such annual budget for any fiscal year make or provide for any increase in or addition to any amount appropriated for any purpose, object, or item in such annual budget, save and except as provided by §§ 7-21-21 and 7-21-22 .

Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008.
S.D. Codified Laws § 7-16-17 — SD Code / Title 7 / Chapter 16 / Section 7-16-17
Reimbursement of expenses outside county
Status: in_force

If the state's attorney of one county is requested to go to another county or from one part to another part of the county to transact any business as state's attorney, the state's attorney shall be paid by the county the amount of the necessary expenses in transacting the business in addition to the salary fixed by the county board.

Source: SL 1883, ch 43, § 6; CL 1887, § 433; RPolC 1903, § 938; RC 1919, § 6008; SDC 1939, § 12.1307; SL 2016, ch 44, § 29.
S.D. Codified Laws § 7-8A-7 — SD Code / Title 7 / Chapter 8A / Section 7-8A-7
Election to discontinue optional form
Status: in_force

A petition to discontinue an optional form of county government authorized by this chapter may be submitted to the board for submission to the electors of the county at an election, in the manner provided for the petition of an optional form of county government under the provisions of § 7-8A-6 .

Source: SL 1986, ch 62, § 7.
S.D. Codified Laws § 7-8-39 — SD Code / Title 7 / Chapter 8 / Section 7-8-39
Establishment of public works program to provide income for payment of property taxes
Status: in_force

The board of county commissioners may by resolution provide for a public works program to provide work for any person for the purpose of providing income for the payment of the property taxes on such person's single - family dwelling. For the purpose of this section and § 7-8-40 a single - family dwelling is a house, condominium apartment, or manufactured home as defined in § 32-3-1 which is assessed and taxed as a separate unit including the platted lot upon which the structure is situated or one acre, whichever is less, and the garage, whether attached or unattached.

Source: SL 1994, ch 65, § 1.
S.D. Codified Laws § 7-20-9 — SD Code / Title 7 / Chapter 20 / Section 7-20-9
Forms of deposit--Crediting of interest from deposits--Signatures required on checks
Status: in_force

All moneys shall be deposited in such banks in demand accounts, savings accounts, or on time deposit, and any interest accrued from such deposits shall be credited to the respective funds or the general fund. All such demand deposits are subject to payment if demanded by the county treasurer on the county treasurer's check, countersigned by the county auditor.

Source: SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1995, ch 42.
S.D. Codified Laws § 7-18A-33 — SD Code / Title 7 / Chapter 18A / Section 7-18A-33
Degree of proof when jail sentence authorized
Status: in_force

In the prosecution for the violation of any county ordinance which authorizes a penalty of a jail sentence, the county shall prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt.

Source: SL 1975, ch 82, § 3.
S.D. Codified Laws § 7-2-2 — SD Code / Title 7 / Chapter 2 / Section 7-2-2
Notice and ballots for election on consolidation or change--General law governing
Status: in_force

The auditor of each of the affected counties shall give thirty days' notice of the election by publishing the notice once each week for at least two consecutive weeks prior to the election in the official newspapers of the county. The notice must provide the election date, the hours when the polls are opened, and the question to be voted upon. The county auditor shall prepare official ballots according to the provisions of this chapter and this code relating to elections and the submission of questions to the voters. The laws governing the holding of general elections in this state govern the holding of such election so far as applicable.

Source: SL 1893, ch 45, §§ 3, 8; RPolC 1903, §§ 777, 782; RC 1919, §§ 5757, 5761; SDC 1939, §§ 12.0302, 12.0305; SL 2024, ch 26, § 6.
S.D. Codified Laws § 7-21-5 — SD Code / Title 7 / Chapter 21 / Section 7-21-5
Preparation and filing of provisional budget
Status: in_force

From the estimates of revenues and expenditures made as provided for in § 7-21-3 , and from such other information as may be required and obtained by the board of county commissioners, the board of each county must, between the fifteenth and thirtieth days of July in each year, make, prepare, and file in the office of the county auditor a provisional budget, for the following fiscal year.

Source: SL 1927, ch 79, § 5; SDC 1939, § 12.2003; SL 1993, ch 86, § 34.
S.D. Codified Laws § 7-1-18 — SD Code / Title 7 / Chapter 1 / Section 7-1-18
Davison County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred four north of range sixty west of the fifth principal meridian, thence west and along the township line between townships one hundred four and one hundred five north, to the northwest corner of township one hundred four north of range sixty - two west; thence south and along the range line between ranges sixty - two and sixty - three west, to the southwest corner of township one hundred one north of range sixty - two west; thence east and along the base line between townships one hundred and one hundred one north, to the southeast corner of township one hundred one north of range sixty west; thence north along the range line between ranges fifty - nine and sixty west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1881, ch 42, § 1; SDC 1939, § 12.0119.
S.D. Codified Laws § 7-7-2 — SD Code / Title 7 / Chapter 7 / Section 7-7-2
Hours of operation for county offices established by board of county commissioners--Exceptions
Status: in_force

The board of county commissioners shall, by resolution, establish the hours of operation for each county government office, except for the offices of the sheriff and state's attorney. The county auditor's office shall remain open, if requested by the person in charge of a school or municipal election, until the closing of the polls and the tabulation of votes for that election.

Source: SL 1943, ch 41; SL 1957, ch 499; SDC Supp 1960, § 65.0407; SL 1965, ch 309; SL 1974, ch 55, § 10; SL 1976, ch 68, § 1; SL 1978, ch 54, § 1; SL 2004, ch 68, § 1.
S.D. Codified Laws § 7-1-56 — SD Code / Title 7 / Chapter 1 / Section 7-1-56
Sanborn County boundaries
Status: in_force

Beginning at the northwest corner of township one hundred eight north of range fifty - nine, west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range sixty - two west; thence south and along the range line between ranges sixty - two and sixty - three west, to the southwest corner of township one hundred five north of range sixty - two west; thence east along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty - nine west; thence north and along the range line between ranges fifty - eight and fifty - nine west, to the place of beginning.

Source: SL 1883, ch 31, § 1; SDC 1939, § 12.0157.
S.D. Codified Laws § 7-21-8 — SD Code / Title 7 / Chapter 21 / Section 7-21-8
Publication of notice of commissioners' budget meeting
Status: in_force

After the provisional budget has been filed in the office of the county auditor, the board of county commissioners shall publish a notice once a week for two successive weeks in the official newspapers of the county. The last notice shall be published before the first Tuesday in September, and the notice shall state where and when the board will meet. The board shall meet on the first Tuesday in September for the purpose of considering the budget and the various estimates, items, schedules, amounts, appropriations, and matters contained in the provisional budget. If the board meets prior to the first Tuesday in September for such purpose, the board shall designate certain days in the minutes of the board and the notice. However, the board shall also hold the hearing required on the first Tuesday in September. It shall also be stated in the notice that at any meeting of the board held for the purpose of considering the budget, any interested person may appear, either in person or by representative, and be heard and given an opportunity for a full and complete discussion of all the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters set forth and contained in the provisional budget.

Source: SDC 1939, § 12.2004; SL 1951, ch 29, § 1; SL 1972, ch 43, § 2; SL 2001, ch 39, § 1.
S.D. Codified Laws § 7-3-9 — SD Code / Title 7 / Chapter 3 / Section 7-3-9
County action to set aside auditor-general's report--Time for filing--Estimate and appraisement as prima facie evidence
Status: in_force

Any county affected by such apportionment as provided in § 7-3-7 , at any time within thirty days after the report of the auditor - general has been filed, may bring its action in equity in the circuit court of such county for the purpose of setting aside such apportionment and causing an apportionment to be made between the counties affected. The estimate and appraisement of the auditor - general shall be prima facie evidence of the facts and values therein stated and shall be admissible in evidence.

Source: SL 1917, ch 175, § 3; RC 1919, § 5778; SDC 1939, § 12.0405.
S.D. Codified Laws § 7-1-36 — SD Code / Title 7 / Chapter 1 / Section 7-1-36
Jackson County boundaries
Status: in_force

Beginning at the northeast corner of township one south of range twenty - five east Black Hills meridian, thence west and along the Black Hills base line to the northwest corner of township one south of range eighteen east; thence south and along the range line between ranges seventeen and eighteen east, to the center of the main channel of White River; thence westerly and along the center of the main channel of said White River to its intersection with the fifth guide meridian west of the sixth principal meridian; thence south and along said fifth guide meridian to the township line between townships thirty - nine and forty; thence east and along said township line to the west boundary line of the former Rosebud Indian Reservation, thence north and along the boundary line of said Indian reservation to the center of the main channel of White River; thence east and along the center of the main channel of White River to the range line between ranges twenty - five and twenty - six east; thence north and along said range line to the place of beginning.

Source: SL 1883, ch 16; SL 1897, ch 41; election of November, 1914, for division; SDC 1939, § 12.0137; SL 1981, ch 47, § 1.
S.D. Codified Laws § 7-25-16 — SD Code / Title 7 / Chapter 25 / Section 7-25-16
Insurance on buildings--Application of proceeds--Filing policies
Status: in_force

The board of county commissioners may insure any or all of the public buildings and property belonging to the county. In case of the destruction or damage of the buildings or property so insured, such board shall demand and receive any money due on account of such insurance and cause same to be paid into the county treasury. All money received may be applied to the fund for rebuilding or restoring such buildings or property. Such insurance policies shall be filed in the office of the county auditor.

Source: PolC 1877, ch 21, § 96; CL 1887, § 640; RPolC 1903, § 877; RC 1919, § 5933; SDC 1939, § 12.0822; SL 1972, ch 47.
S.D. Codified Laws § 7-31-16 — SD Code / Title 7 / Chapter 31 / Section 7-31-16
Petition by political subdivision to sell county property--Direction of sale by county commissioners--Reclassification of class two land
Status: in_force

Whenever a majority of the board of county commissioners deems it advisable, or whenever a written petition shall be presented to said board by the governing body of any municipal corporation, school board, board of education or township board, requesting the sale of any real property over which such petitioner has taxing power, the board of county commissioners shall direct that such real property be offered for sale in accordance with chapter 6-13 . However, land classified as class two land shall not be offered for sale until after it has been reclassified as class one land by the board of county commissioners as provided in § 7-31-3 .

Source: SL 1939, ch 25, § 4; SL 1941, ch 37; SDC Supp 1960, § 12.3404 (2); SL 1974, ch 68, § 8; SL 1989, ch 30, § 15.
S.D. Codified Laws § 7-12-26.1 — SD Code / Title 7 / Chapter 12 / Section 7-12-26.1
Purchase of liability insurance for sheriff, deputies, and employees
Status: in_force

Each board of county commissioners may purchase and pay premiums on insurance covering and insuring the sheriff and each deputy and employee of the sheriff. The insurance shall insure against personal liability as a result of errors and omissions in the performance of official duties. The premiums shall be paid from the county general fund.

Source: SL 1970, ch 54; SL 2010, ch 36, § 1.
S.D. Codified Laws § 7-18A-18.1 — SD Code / Title 7 / Chapter 18A / Section 7-18A-18.1
Certification regarding petition signatures by county auditor--Notice to petition sponsors
Status: in_force

If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the ballot pursuant to the provisions of this chapter. If the validation process of the petition indicates that an insufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on a ballot pursuant to the provisions of this chapter. The county auditor shall, within five days of certifying, notify the petition sponsors by certified mail of the county auditor's action pursuant to this section.

Source: SL 2017, ch 12, § 4.
S.D. Codified Laws § 7-16A-10 — SD Code / Title 7 / Chapter 16A / Section 7-16A-10
Proceedings in which indigents represented--Co-counsel
Status: in_force

An indigent person who is entitled to be represented by a public defender shall be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney, including the revocation of probation or parole, appeal, and any other post - conviction proceeding that the public defender and the indigent consider appropriate, unless the court in which a proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense. Representation may include co - counsel or associate counsel in appropriate cases.

Source: SL 1978, ch 152, § 9.
S.D. Codified Laws § 7-6-6 — SD Code / Title 7 / Chapter 6 / Section 7-6-6
Time required before resubmission of change of county seat
Status: in_force

If upon a canvass of the votes cast as provided in § 7-6-5 any municipality shall not have received the vote as required by the Constitution, the question of the change of the location of the county seat shall not again be submitted before the expiration of four years.

Source: SDC 1939, § 12.0502; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-21-28 — SD Code / Title 7 / Chapter 21 / Section 7-21-28
Liability for damages of officers and employees incurring debts exceeding appropriated amounts
Status: in_force

All officers, boards, and members of boards, and employees of a county or any institution or agency thereof, authorizing, contracting, or incurring, or attempting to authorize, contract, or incur any indebtedness or liability for or in behalf of such county or institution thereof of which they are officers or employees, in violation of the provisions of this chapter, shall be jointly and severally liable in person and on their official bonds to the person, persons, corporation, or corporations damaged by such illegal authorization, indebtedness, or liability, to the extent of the loss sustained by such person, persons, corporation, or corporations.

Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
S.D. Codified Laws § 7-31-9 — SD Code / Title 7 / Chapter 31 / Section 7-31-9
Payment to lessee for improvements not capable of removal--Time of valuation
Status: in_force

A subsequent lessee or a purchaser of the land shall pay the prior lessee the reasonable value of improvements erected by him within permission of the board of county commissioners, that are not physically capable of removal, and such payment shall be made before a lease, contract of purchase, or deed is issued to such subsequent lessee or purchaser. The value of the improvements shall be determined as of the date of such lease, contract of purchase, or deed.

Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
S.D. Codified Laws § 7-1-15 — SD Code / Title 7 / Chapter 1 / Section 7-1-15
Codington County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred nineteen north of range fifty - one, west of the fifth principal meridian, thence west along the township line between townships one hundred nineteen and one hundred twenty north, across the former Sisseton and Wahpeton Indian Reservation in the same course, and continuing in the same course to the northwest corner of township one hundred nineteen north of range fifty - five; thence south and along the range line between ranges fifty - five and fifty - six west, to the southwest corner of township one hundred sixteen north of range fifty - five west; thence east and along the township line between townships one hundred fifteen and one hundred sixteen north, to the southeast corner of township one hundred sixteen north of range fifty - one west; thence north and along the range line between ranges fifty and fifty - one west, to the place of beginning.

Source: PolC 1877, ch 42, § 2; SL 1883, ch 30, § 2; SDC 1939, § 12.0116.
S.D. Codified Laws § 7-25A-41 — SD Code / Title 7 / Chapter 25A / Section 7-25A-41
Petition for termination or contraction of districts--Contents
Status: in_force

A petition for the expansion, termination, or contraction of an improvement district shall be filed with the county auditor of each county in which the district is located. The petition shall contain:

(1) A copy of the order establishing the district;

(2) A written consent to the expansion, termination, or contraction of the district by the owner or owners of seventy - five percent of the real property in the district which consent has been given within the last one hundred eighty days. The written consent shall contain the legal description of the property and the name of any owner of the property affected;

(3) A statement explaining the reasons for the proposed expansion, termination, or contraction of the district;

(4) For a proposed termination or contraction of the district, a statement that all debts will be paid or assumed;

(5) In the case of a petition for the expansion of an improvement district, the written consent by the owners of one hundred percent of the real property to be newly included in the district as a result of the expansion, consenting to the expansion of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district as a result of the expansion. Such written consent shall be given within the last one hundred eighty days, and such written consent or other documentation shall contain the legal description of the property and the name of the owners of the property;

(6) A copy of a resolution adopted by the board of supervisors approving the proposed petition;

(7) An accurate survey and map of the territory to be embraced in the boundaries of the district, as contracted or expanded, and the area thereof, which shall be verified by an affidavit of a licensed surveyor. The survey and map shall be left at a convenient public office to be designated by the county auditor of the county in which the petition is filled, for a period of not less than twenty days before the date of the hearing on the petition;

(8) In the case of expansion, the proposed timetable for construction of district services to the expanded area, and the estimated cost of constructing the services; and

(9) In the case of an expansion, an economic impact statement of the district upon the county, an environmental impact survey, and a statement that the expansion of the district is consistent with any applicable comprehensive or effective local government plan.

Source: SL 1989, ch 59, § 41; SL 1990, ch 52, § 7; SL 1991, ch 64, § 3.
S.D. Codified Laws § 7-16A-15 — SD Code / Title 7 / Chapter 16A / Section 7-16A-15
Apportionment of expenses not otherwise allocable
Status: in_force

If two or more jurisdictions jointly establish an office of public defender, the expenses not otherwise allocable among the participating jurisdictions, unless otherwise agreed upon, shall be allocated on the basis of population according to the most recent federal decennial census.

Source: SL 1978, ch 152, § 14.
S.D. Codified Laws § 7-9-10 — SD Code / Title 7 / Chapter 9 / Section 7-9-10
Monthly report to tax officials of real estate transfers
Status: in_force

It shall be the duty of the register of deeds in each county to keep in his office and to enter therein the name of the grantor and the grantee and a sufficient description of the real estate in each transfer to perfectly identify the same and, on the last working day of each calendar month, he shall certify to the secretary of revenue, county auditor and director of equalization a list of transfers for the current month.

Source: SL 1909, ch 47, § 1; RC 1919, § 5919; SDC 1939, § 12.0711; SL 1959, ch 23; SL 1963, ch 39.
S.D. Codified Laws § 7-2-9 — SD Code / Title 7 / Chapter 2 / Section 7-2-9
Continuation of officer terms after consolidation
Status: in_force

The county officers in each of the counties that have been consolidated shall continue to act in their respective counties until the officers of the new county are elected and qualified.

Source: SL 1893, ch 45, § 16; RPolC 1903, § 790; RC 1919, § 5769; SDC 1939, § 12.0311; SL 2024, ch 26, § 12.
S.D. Codified Laws § 7-21-35 — SD Code / Title 7 / Chapter 21 / Section 7-21-35
Annual determination of delinquent real estate taxes
Status: in_force

The board of county commissioners must, at its regular meeting in January of each year, ascertain and determine the total amount of taxes levied by such county on all real estate payable during the fiscal year just ended and which remained delinquent and unpaid at the close of such fiscal year excluding therefrom any and all amounts added thereto for penalties, interest, and costs of publication because of such delinquency, such delinquent taxes being so segregated as to show the amount thereof levied for each particular fund of the county.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-7-4 — SD Code / Title 7 / Chapter 7 / Section 7-7-4
Mileage allowance for county commissioners
Status: in_force

The county commissioners shall be paid traveling expenses for each mile traveled in the discharge of their official duties. For the purpose of this section, traveling expense incurred by county commissioners to attend meetings in the State of South Dakota, called for the purposes of instructing or exchange of information pertaining to county officers and government, are miles traveled in the discharge of their official duties.

Source: SL 1933, ch 70; SDC 1939, § 12.1710; SL 1943, ch 28, § 2; SL 1947, ch 38, § 2; SL 1951, ch 26, § 2; SL 1953, ch 22, § 6; SL 1968, ch 18, § 1; SL 1978, ch 52, § 1; SL 2015, ch 58, § 2.
S.D. Codified Laws § 7-27-17.1 — SD Code / Title 7 / Chapter 27 / Section 7-27-17.1
Time of payment of aid to fair associations and corporations
Status: in_force

The county financial aid provided for in this chapter for fair associations and corporations shall be paid at the time or times determined by the county commission in its discretion.

Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7947; SDC 1939, § 53.0407; SDCL, § 42-3-11; SL 1975, ch 81, § 13.
S.D. Codified Laws § 7-19-8 — SD Code / Title 7 / Chapter 19 / Section 7-19-8
Action to set aside mortgage compromise prohibited
Status: in_force

In all cases where a board of county commissioners of any county has, prior to July 1, 1935, effected a compromise settlement of any indebtedness secured by a state permanent school fund mortgage, no action or proceeding shall be maintained to invalidate or set aside such compromise settlement or the satisfaction of such mortgage on the ground of lack of authority of such board to effect such compromise settlement, any existing statute to the contrary notwithstanding.

Source: SL 1935, ch 145, § 1; SDC 1939, § 12.1917.
S.D. Codified Laws § 7-8-6 — SD Code / Title 7 / Chapter 8 / Section 7-8-6
Redistricting and transition after increase in number of commissioners
Status: in_force

If at such election a majority of all votes cast is for an increase, the board within one hundred eighty days after the votes have been canvassed shall redistrict the county into numbered districts. As to any members of such board whose terms of office extend for an additional two years beyond the next general election, the tenure of office is not affected, and in redistricting the county the board shall designate the districts to be represented by such members. The commissioner shall be a resident of the district that the commissioner is designated to represent. Each district for which representation is not provided by such designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in § 7-8-1 .

Source: SDC 1939 § 12.0604; SL 1998, ch 39, § 3; SL 2003, ch 40, § 2.
S.D. Codified Laws § 7-16-25 — SD Code / Title 7 / Chapter 16 / Section 7-16-25
Establishment of office of regional prosecutor--Notice requirement--Option to withdraw from or modify agreement--Election of state's attorney
Status: in_force

Any board of county commissioners entering into an agreement establishing the office of regional prosecutor shall give notice before January first of the year of the next general election in which the state's attorney would be elected. Any party to the agreement may give notice of its intent to withdraw from the agreement or to modify the terms of the agreement at any time before January first of the year of the next general election in which the regional prosecutor would be elected. Any county withdrawing from such an agreement, and not entering another, shall proceed to the election of a state's attorney.

Source: SL 1996, ch 54, § 2.
S.D. Codified Laws § 7-33-2 — SD Code / Title 7 / Chapter 33 / Section 7-33-2
Agreements for system authorized
Status: in_force

The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid wastes management system for all participating counties, an individual county, or any portion thereof.

Source: SL 1971, ch 50; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-8-12.2 — SD Code / Title 7 / Chapter 8 / Section 7-8-12.2
Order affirming good cause exists for redistricting--Authorization for revision
Status: in_force

The Governor and secretary of state, after consultation with the board of county commissioners, may jointly issue to the board of county commissioners a written order affirming that good cause exists for redistricting and authorizing the board of county commissioners to revise the county's commission districts based on information from the last preceding federal decennial census.

Source: SL 2005, ch 43, § 2.
S.D. Codified Laws § 7-1-46 — SD Code / Title 7 / Chapter 1 / Section 7-1-46
Marshall County boundaries
Status: in_force

Beginning on the boundary line between the states of South Dakota and North Dakota where the eighth guide meridian west of the fifth principal meridian intersects the same, thence south and along said guide meridian to the southwest corner of township one hundred twenty - five north of range fifty - nine west of the fifth principal meridian; thence east and along the sixth standard parallel north, according to both the survey for the fifth principal meridian and the survey of the former Sisseton and Wahpeton Indian Reservation, to the southeast corner of township one hundred twenty - five north of range fifty - three west; thence north and along the range line between ranges fifty - two and fifty - three, according to the survey of said former Indian reservation, to the point where said range line intersects the boundary line between the states of South Dakota and North Dakota; thence west and along said state line to the place of beginning.

Source: SL 1885 (SS), ch 12, § 2; SL 1891, ch 42, § 1; SDC 1939, § 12.0147.
S.D. Codified Laws § 7-16B-16 — SD Code / Title 7 / Chapter 16B / Section 7-16B-16
Application for funds--Qualifying amount of expenses
Status: in_force

Any participating county may apply to the board for funds from the county legal expense relief fund if that county has incurred expenses related to any one criminal prosecution resulting in a court trial that are in excess of twenty-five thousand dollars.

The application shall include such information as the board may prescribe.

Source: SL 1992, ch 55, § 4; SL 1993, ch 66, § 3; SL 1995, ch 41, § 1; SL 2016, ch 44, § 40.
S.D. Codified Laws § 7-2-3 — SD Code / Title 7 / Chapter 2 / Section 7-2-3
Majority approval of consolidation or boundary change
Status: in_force

If at any election held under the provisions of this chapter, a majority of all the votes cast at the election in each of the affected counties are in favor of consolidation of two or more counties or the changing of the boundary lines of named counties, they must be declared consolidated or changed as per the ballot question and this chapter.

Source: SL 1893, ch 45, §§ 5, 6; RPolC 1903, §§ 779, 780; RC 1919, §§ 5758, 5759; SDC 1939, § 12.0303; SL 2024, ch 26, § 7.
S.D. Codified Laws § 7-2-1.2 — SD Code / Title 7 / Chapter 2 / Section 7-2-1.2
Study committee--Membership--Authority--Expenditures limited--Member reimbursement
Status: in_force

The composition of the study committee organized under § 7-2-1 or 7-2-1.1 must be prescribed in the petition or resolution, but the study committee must include two members of the board of county commissioners from each affected county and at least one resident from each incorporated first or second class municipality in each of the participating counties. If a vacancy on the study committee occurs, the board of county commissioners of the county represented by the person vacating the position must fill the vacancy. The study committee shall elect a chairman and a secretary from among the study committee's voting members. A majority of the study committee constitutes a quorum and a majority of a quorum may act on all matters that pertain to the study committee.

The study committee may employ and fix the compensation and duties of necessary staff; contract and cooperate with other individuals and public or private agencies considered necessary for assistance; and hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the study committee's purpose, progress, conclusions, and recommendations.

The study committee may not expend more than an amount equal to two-fifths of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on January first of each year, without the consent of the boards of county commissioners of each of the affected counties.

The county shall reimburse each member for any necessary expenses incurred by that member in performing the duties of a member of the study committee but members may not receive a salary or other compensation for services performed.

Source: SL 2024, ch 26, § 3.
S.D. Codified Laws § 7-25A-43 — SD Code / Title 7 / Chapter 25A / Section 7-25A-43
Hearing upon petition to terminate--Notice
Status: in_force

Upon the filing of the petition, the county commission shall schedule a hearing to hear objections to the petition and shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the district is located. The second notice may not be published more than thirty days nor less than ten days before the hearing.

Source: SL 1989, ch 59, § 43.
S.D. Codified Laws § 7-21-11 — SD Code / Title 7 / Chapter 21 / Section 7-21-11
Maximum expenditures authorized in final budget
Status: in_force

After all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made in and to said provisional budget, and when the same is approved and adopted as the annual budget for the next fiscal year, the aggregate of all amounts appropriated therein and to be paid out of each fund must not exceed ninety - five per centum of the amount of all estimated revenues to be received by such fund from all sources during the next fiscal year with the unexpended balance in money remaining in such fund at the close of the current fiscal year in so far as can be estimated.

Source: SL 1927, ch 79, § 8; SDC 1939, § 12.2006; SL 1951, ch 29, § 2.
S.D. Codified Laws § 7-14-1 — SD Code / Title 7 / Chapter 14 / Section 7-14-1
Fees and expenses allowable to coroner set by board
Status: in_force

The coroner shall receive fees and expenses as set by the board of county commissioners.

Source: SL 1881, ch 75, § 1; CL 1887, § 1414; RPolC 1903, § 1835; RC 1919, § 5974; SL 1933, ch 70; SDC 1939, § 12.1105; SL 1968, ch 16, § 4; SL 1984, ch 44, § 4A; SL 1985, ch 46, § 4; SL 1986, ch 63, § 3; SL 1988, ch 66, § 2; SL 2005, ch 44, § 1.
S.D. Codified Laws § 7-31-47 — SD Code / Title 7 / Chapter 31 / Section 7-31-47
Assistance by agents in tax-deed and mortgage-foreclosure proceedings
Status: in_force

Such agent or agents shall also at the direction of the board assist the county treasurer in the preparation and institution of tax - deed proceedings on behalf of the county and render any necessary assistance to the board and the county auditor in the sale of real property acquired by the county through tax - deed proceedings, mortgage foreclosure, or other source, and perform such other duties in relation to any such property as the board of county commissioners may prescribe.

Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
S.D. Codified Laws § 7-16-11 — SD Code / Title 7 / Chapter 16 / Section 7-16-11
Attendance and advice to grand jury--Issuance of process
Status: in_force

It shall be the duty of the state's attorney whenever required by the grand jury to attend them for the purpose of examining witnesses in their presence or of giving them any advice on any legal matter, and to issue subpoenas or other process to compel the attendance of witnesses.

Source: SL 1883, ch 43, § 11; CL 1887, § 438; RPolC 1903, § 932; RC 1919, § 6002; SDC 1939, § 12.1302 (5).
S.D. Codified Laws § 7-2-1.1 — SD Code / Title 7 / Chapter 2 / Section 7-2-1.1
Study committee by resolution
Status: in_force

The board of county commissioners in each of two or more adjoining counties may, on the boards' own initiative, create a committee to study changing the boundary lines or the consolidation of two or more counties by a resolution passed by a majority vote of each of the participating boards of county commissioners.

Source: SL 2024, ch 26, § 2.
S.D. Codified Laws § 7-3-2 — SD Code / Title 7 / Chapter 3 / Section 7-3-2
Voters' approval of division--Name and organization of new county
Status: in_force

If a majority of the votes cast at the next general election in such county, and also in each portion thereof proposed to be organized into a new county, shall be favorable to a division of such county, the portion in which the county seat thereof is located shall retain the name and organization of such county and the portion or portions in which the county seat is not located shall take the name or names prayed for in the petition for the division of the county, and the Governor shall forthwith proceed to organize the same as a county or counties under such name or names in the manner provided by law for organizing an unorganized county and, until such organization is perfected, the said portion or portions of such county shall for all governmental purposes remain and be a portion of such original county.

Source: SL 1907, ch 100, § 2; SL 1915, ch 127; SL 1917, ch 173; RC 1919, § 5771; SDC 1939, § 12.0402.
S.D. Codified Laws § 7-31-33 — SD Code / Title 7 / Chapter 31 / Section 7-31-33
Adjustment between taxing districts after exchange of lands
Status: in_force

Where the exchange of land shall result in the acquisition by the county of land in a different taxing district than the land which the county has exchanged for, the county commissioners shall pay or adjust any claim for taxes which such district or districts may have against such exchanged lands, and shall be authorized to compromise any claim or claims for taxes or penalty and interest as may be agreed upon between the county commissioners and the governing bodies of such district or districts, all moneys received from the newly acquired land shall be apportioned in the same manner as if no such exchange had been made.

Source: SL 1941, ch 38, § 2; SDC Supp 1960, § 12.3409.
S.D. Codified Laws § 7-8A-4 — SD Code / Title 7 / Chapter 8A / Section 7-8A-4
Appointment of county manager
Status: in_force

The board of county commissioners may appoint any county officer or employee to be the county manager by reason of training, experience, and administrative qualifications. If any county officer or employee is appointed county manager, the officer or employee shall resign the office or position and terminate office responsibilities before assuming the office of county manager.

Source: SL 1986, ch 62, § 4; SL 2016, ch 44, § 7.
S.D. Codified Laws § 7-2-14 — SD Code / Title 7 / Chapter 2 / Section 7-2-14
Transcription of records after change of county boundaries
Status: in_force

Whenever the boundaries of a county have been changed, it shall be the duty of the board of county commissioners at once to secure a full, true, and complete transcript of such records of the original county as may relate to or in any manner affect the property rights or interest within the territory included by the changing of the boundaries of said county and theretofore not a part of the records of the original county, such transcript to be obtained and secured in the same manner and to have the same force and effect as transcripts obtained and secured on the division of counties.

Source: SDC 1939, § 12.0312.
S.D. Codified Laws § 7-18-33 — SD Code / Title 7 / Chapter 18 / Section 7-18-33
Application of chapter7-30
Status: in_force

The provisions of chapter 7-30 do not apply to §§ 7-18-30 to 7-18-32 , inclusive.

Source: SL 1996, ch 55, § 4.
S.D. Codified Laws § 7-14-9 — SD Code / Title 7 / Chapter 14 / Section 7-14-9
Appointment and compensation of deputies
Status: in_force

The coroner may appoint one or more deputies and each deputy shall receive fees and expenses as determined at the discretion of the board of the county commissioners. The deputy coroner may not receive a salary.

Source: SL 1985, ch 48, § 2; SL 2005, ch 45, § 1.
S.D. Codified Laws § 7-25A-15 — SD Code / Title 7 / Chapter 25A / Section 7-25A-15
Majority constitutes quorum
Status: in_force

A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members.

Source: SL 1989, ch 59, § 15.
S.D. Codified Laws § 7-31-37 — SD Code / Title 7 / Chapter 31 / Section 7-31-37
Oil and gas pooling agreements permitted
Status: in_force

The boards of county commissioners of the several counties of the state are hereby authorized in their discretion, to enter by resolution into agreements, with respect to acreage or oil or gas rights owned by the several counties, for the pooling of such acreage with other acreage for unit operations for the production of oil or gas and for the apportionment of oil or gas royalties on an acreage or other equitable basis.

Source: SL 1939, ch 164, § 2; SDC Supp 1960, § 42.0815.
S.D. Codified Laws § 7-21-41 — SD Code / Title 7 / Chapter 21 / Section 7-21-41
Resolution creating delinquent tax fund--Tax collections paid into fund
Status: in_force

Such resolution must create a fund to be known as the "Delinquent tax fund for the fiscal year ending December 31st, 20____," and shall provide that all delinquent taxes levied during such fiscal year for the funds for which such money has been borrowed, together with all penalties, interest, and costs added thereto, shall be, as fast as the same are collected, paid into and deposited to the credit of such fund, and shall be used for the payment of principal of and interest on such certificates of indebtedness and for no other purpose.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-6-4 — SD Code / Title 7 / Chapter 6 / Section 7-6-4
Relocating county seat--Petition--Verification--Election--Publication of notice
Status: in_force

To relocate a county seat, a petition signed by twenty percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, must be filed with the county auditor on or before July first. The county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are registered voters of the county. A signature on a petition is invalid if signed more than six months before the date the petition is filed.

If the county auditor verifies that the petition meets the requirements of this section, the board of county commissioners shall submit the question of relocating the county seat to the people of the county at the next general election.

The county auditor shall publish notice of the submission of the question with the general election notices required by § 12-12-1 .

Source: SDC 1939, § 12.0502; SL 1982, ch 60, § 1; SL 1987, ch 67, § 3; SL 2023, ch 21, § 1.
S.D. Codified Laws § 7-16-18 — SD Code / Title 7 / Chapter 16 / Section 7-16-18
Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney
Status: in_force

Other than fees payable for child support enforcement services upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6 or fees payable for representation of a board or commission acting pursuant to chapter 46A-10A , the state's attorney may not receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it is the state's attorney's official duty to attend, nor be concerned as attorney or counselor for either party, other than for the state or county, in any civil action depending on the same state of facts upon which any criminal prosecution commenced, but undetermined, shall depend. No state's attorney, while in office, is eligible to hold any judicial office. A full - time state's attorney, as defined by § 7-16-19 , is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act provided herein, nor is a full - time state's attorney entitled to extra compensation for representing the county or its officers in civil cases and administrative proceedings outside the county provided herein or for representing a board or commission acting on drainage matters.

Source: SDC 1939, § 12.1307; SL 1977, ch 64, § 1; SL 1983, ch 44, § 3; SL 1986, ch 378, § 3; SL 1997, ch 46, § 1.
S.D. Codified Laws § 7-31-14 — SD Code / Title 7 / Chapter 31 / Section 7-31-14
Insurance on county-owned improvements
Status: in_force

The board of county commissioners may, whenever it appears to be for the best interests of the county and other taxing districts, procure insurance against the hazards of fire, windstorm, tornado, and hail, on buildings held by the county, or in which the county has an interest, situated on land acquired by tax - deed proceedings, foreclosure of school - fund mortgage, or otherwise, and the cost thereof shall be deducted from rentals of such land and buildings in the same manner as administrative expenses, as provided in § 7-31-12 .

Source: SL 1945, ch 35; SDC Supp 1960, § 12.3411 (3).
S.D. Codified Laws § 7-9-16 — SD Code / Title 7 / Chapter 9 / Section 7-9-16
Reception record and fee book maintained by register--Entries in record
Status: in_force

The register of deeds shall keep a reception record and fee book to be provided by the county which shall be a part of the records of his office and in which shall be entered each item of fees charged or received by him for service rendered as such officer and which book shall also show the name and character of each instrument received for recording or filing, the date of the same, the names of the parties thereto, and the date, hour and minute when received for filing, and the filing number or book and page of record of such instrument.

Source: SL 1890, ch 134, §§ 2, 4; RPolC 1903, § 1828; RC 1919, § 5923; SL 1919, ch 145, § 2; SDC 1939, § 12.0713.
S.D. Codified Laws § 7-11-6 — SD Code / Title 7 / Chapter 11 / Section 7-11-6
Warrants of county auditor required for disbursements by treasurer
Status: in_force

All money received by the county treasurer for the use of the county may only be disbursed by the treasurer on the warrant of the county auditor drawn according to law. All money shall be paid over by the treasurer at the time and in the manner provided by law.

Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, § 93; CL 1887, § 637; RPolC 1903, § 874; RC 1919, § 5925; SDC 1939, § 12.0803; SL 1975, ch 76, § 4; SL 2016, ch 44, § 16.
S.D. Codified Laws § 7-18-15 — SD Code / Title 7 / Chapter 18 / Section 7-18-15
County powers in implementation of flood control programs
Status: in_force

Every county shall have power

(1) To prevent or control flooding within its boundaries which endangers property;

(2) To enter into agreements with the United States, with the State of South Dakota, and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling such flooding;

(3) To acquire by lease, purchase, gift, grant - in - aid, condemnation, or other lawful means and hold in its name for use and control as provided by law both real and personal property and easements and rights of way within the boundaries of the county for all purposes necessary to prevent or control such flooding; and

(4) For any and all of the foregoing purposes, to appropriate moneys therefor.

Source: SL 1971, ch 48.
S.D. Codified Laws § 7-25A-36 — SD Code / Title 7 / Chapter 25A / Section 7-25A-36
Hearing required before fixing amount charged for services--Notice--Periodic adjournment permitted
Status: in_force

No such rates, fees, rentals, or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Notice of the public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall be published in a newspaper in the county and of general circulation in the district at least once and at least ten days prior to the public hearing. The hearing may be adjourned from time to time.

Source: SL 1989, ch 59, § 36.
S.D. Codified Laws § 7-16A-13 — SD Code / Title 7 / Chapter 16A / Section 7-16A-13
Extension to representation in municipal ordinance violations--Contributions by municipality
Status: in_force

The governing body of a municipality situated in a county in which an office of public defender has been established, may request the board of county commissioners of the county to extend the duties of the public defender to represent all indigent persons who are subject to proceedings for a violation of the ordinances of the municipality. On receipt of the request, the board of county commissioners shall adopt a resolution so extending the duties of the public defender. The contribution that the municipality shall make toward the expenses of the public defender whose duties include the municipality, shall be set and paid as provided by written contract of the board of county commissioners and the governing body of the municipality involved.

Source: SL 1978, ch 152, § 5.
S.D. Codified Laws § 7-1-63 — SD Code / Title 7 / Chapter 1 / Section 7-1-63
Turner County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred north of range fifty - two, west of the fifth principal meridian, thence west and along the base line to the northwest corner of township one hundred north of range fifty - five west; thence south and along the range line between ranges fifty - five and fifty - six to the southwest corner of township ninety - seven north of range fifty - five west; thence east and along the township line between townships ninety - six and ninety - seven north, to the southeast corner of township ninety - seven north of range fifty - four west; thence south and along the range line between ranges fifty - three and fifty - four, to the southwest corner of township ninety - six north of range fifty - three west; thence east and along the township line between townships ninety - five and ninety - six north to the southeast corner of township ninety - six north of range fifty - two west; thence north and along the range line between ranges fifty - one and fifty - two west, to the place of beginning.

Source: SL 1870-1, ch 10, § 8; SDC 1939, § 12.0164.
S.D. Codified Laws § 7-21-33 — SD Code / Title 7 / Chapter 21 / Section 7-21-33
Uncollected taxes not considered asset in computing debt limitation
Status: in_force

Whenever it shall be necessary to compute the indebtedness of a county or of any of its institutions or agencies, for bonding or other indebtedness purposes, delinquent taxes and taxes levied for the purposes set forth in the budget of the county shall not be considered an asset, but shall be deemed for such purposes to have been already pledged and expended for the purposes, objects, and items set forth in the budget; provided however, that all taxes levied for the payment and redemption of bonds, warrants, or other public debts, shall be deemed a competent and sufficient asset to be considered in the calculation of any constitutional or statutory limitation.

Source: SL 1927, ch 79, § 20; SDC 1939, § 12.2019.
S.D. Codified Laws § 7-31-13 — SD Code / Title 7 / Chapter 31 / Section 7-31-13
Apportionment of rental proceeds from school mortgage lands
Status: in_force

The rental proceeds from real estate acquired by counties in satisfaction of a school - loan mortgage or through foreclosure of such shall be distributed as provided by existing laws.

Source: SL 1939, ch 25, § 8; SL 1945, ch 35; SDC Supp 1960, § 12.3411 (2).
S.D. Codified Laws § 7-18A-19 — SD Code / Title 7 / Chapter 18A / Section 7-18A-19
Special election on referendum petition--Submission at primary or general election
Status: in_force

A special election shall be held within sixty days after the filing of a petition under § 7-18A-15 . However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the primary, general, or statewide special election.

Source: SL 1975, ch 82, § 29; SL 1983, ch 47, § 2; SL 2002, ch 40, § 1.
S.D. Codified Laws § 7-10-5 — SD Code / Title 7 / Chapter 10 / Section 7-10-5
General duties relating to elections
Status: in_force

The county auditor shall perform all the duties required of him by law relative to making out and delivering notices of special and general elections, to making abstracts of and canvassing the votes cast at any special or general election, to issuing certificates of election to members of the Legislature, county, and precinct officers, and to forwarding the abstracts of votes cast at general or special elections to the secretary of state.

Source: SL 1881, ch 73, § 1; CL 1887, § 645; RPolC 1903, § 888; RC 1919, § 5950; SDC 1939, § 12.0908.
S.D. Codified Laws § 7-9A-5 — SD Code / Title 7 / Chapter 9A / Section 7-9A-5
Meetings of commission--Expenses and costs
Status: in_force

The first meeting of the commission shall be called by the president of the South Dakota Association of County Officials. At the first meeting, the commission shall elect from among its members a chair and other officers as it considers necessary or appropriate and each meeting is subject to the open meeting requirements pursuant to chapter 1-25 . The commission shall at least meet annually or as often as deemed necessary. Unless otherwise directed by the commission, the South Dakota Association of County Officials shall provide support services as needed for the commission to carry out its duties, including meeting space and teleconferencing. The expenses and costs related to retaining professional services, promulgating rules pursuant to chapter 1-26 , and organizing the commission shall be funded by the South Dakota association of county officials register of deeds modernization and preservation relief fund established pursuant to § 7-9-28 . The electronic recording commission shall approve the expenses and costs. No commission members may be reimbursed from the South Dakota association of county officials register of deeds modernization and preservation relief fund for any travel expenses, subsistence, or per diem while serving on the commission.

Source: SL 2014, ch 47, § 5.
S.D. Codified Laws § 7-21-16.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.1
Counties authorized to enter lease-purchase agreement to lease real or personal property--Longer agreements for jails and juvenile detention facilities
Status: in_force

The provisions of § 7-21-16 or any other provision of law notwithstanding, any county may enter into a lease - purchase agreement for a term of years, not exceeding ten, for the purchase or lease by the county of real or personal property. However, if a lease - purchase agreement is for the purchase or lease of a jail or juvenile detention facility, the agreement may be for a term of years, not exceeding twenty years.

Any lease - purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members - elect of the board of commissioners. The final adoption of any lease - purchase agreement shall be by resolution which may be referred pursuant to chapter 7-18A .

Source: SL 1995, ch 37, § 1; SL 1996, ch 57.
S.D. Codified Laws § 7-25A-19 — SD Code / Title 7 / Chapter 25A / Section 7-25A-19
Relationships not constituting conflict of interest
Status: in_force

It is not a conflict of interest for members of the board, the district manager or other employee of the district to be a landowner, or a stockholder, officer, or employee of a landowner.

Source: SL 1989, ch 59, § 19; SL 1991, ch 64, § 2.
S.D. Codified Laws § 7-11-2 — SD Code / Title 7 / Chapter 11 / Section 7-11-2
Premium on treasurer's bond
Status: in_force

If the county treasurer is required to furnish a bond executed by a surety company legally authorized to transact business in this state, upon the approval of the bond by the county commissioners, the county shall pay the premium for the bond.

Source: SL 1911, ch 91, § 1; RC 1919, § 5942; SDC 1939, § 12.0801; SL 2016, ch 44, § 12.
S.D. Codified Laws § 7-3-17 — SD Code / Title 7 / Chapter 3 / Section 7-3-17
Transcript of records obtained by new county--Evidentiary value
Status: in_force

Whenever an organized county shall be divided, it shall be the duty of the board of county commissioners of such newly organized county at once to secure a full, true, and complete transcript of such records of the original county as may relate to, or in any manner affect, property rights or interests within such newly organized county and, when such records are transcribed and certified to as hereinafter provided, they shall have the same force and effect as though originally filed and recorded in such newly organized county and as the records of such original county, and shall be received in all courts in evidence with the same force and effect as such original records.

Source: SL 1915, ch 132, § 1; RC 1919, § 5781; SDC 1939, § 12.0410.
S.D. Codified Laws § 7-12-10 — SD Code / Title 7 / Chapter 12 / Section 7-12-10
Appointment and removal of deputies, jailers, and clerks--Oath and bond
Status: in_force

The appointment or removal of each deputy, jailer, and clerk shall be made by the sheriff. Each appointment or removal shall be in writing and filed with the county auditor. Each deputy, jailer, and clerk shall qualify by subscribing the official oath and shall give such bond to the board of county commissioners for the discharge of his duties as the board of county commissioners may require.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 1989, ch 66.
S.D. Codified Laws § 7-18-35 — SD Code / Title 7 / Chapter 18 / Section 7-18-35
Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability
Status: in_force

A board of county commissioners may not, by any method or means, prohibit or restrict an individual who is a county employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any county building, facility, or vehicle, or while on any real property, owned or leased by the county. This section does not apply to possession of a concealed firearm and compatible ammunition by:

(1) An individual who is an inmate;

(2) An individual, other than a law enforcement officer, while present in the secure area of any detention facility, a mental health crisis center, or a substance use disorder residential treatment facility; or

(3) An individual, other than a law enforcement officer, while using a county vehicle to transport another individual apprehended in accordance with chapter 27A-10 .

No injury or damage resulting from an individual possessing a concealed firearm may be construed to be an act of the county, and no liability may be imputed to the county.

For purposes of this section, any "method or means" includes the adoption of a policy, the issuance of a guidance letter or statement, and any similar directive, whether written or oral.

Source: SL 2025, ch 36, § 1.
S.D. Codified Laws § 7-1-12 — SD Code / Title 7 / Chapter 1 / Section 7-1-12
Charles Mix County boundaries
Status: in_force

Beginning at a point where the base line between townships one hundred and one hundred one north intersects the center of the main channel of the Missouri River, thence southeasterly and along the center of the main channel of said river to its intersection with the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said state line to the center of the main channel of Choteau Creek; thence northerly and along the center of the main channel of said Choteau Creek to the northeast corner of the former Yankton-Sioux Indian Reservation; thence northwesterly and along the northern boundary of said former Indian reservation to the northwest corner thereof; thence northerly and along the range line between ranges sixty - six and sixty - seven west of the fifth principal meridian to the base line between townships one hundred and one hundred one north; thence west and along said base line to the place of beginning.

Source: SL 1862, ch 18; SL 1863-4, ch 12; SL 1870-1, ch 10; SL 1872-3, ch 17, § 2; SL 1874-5, ch 31, § 1; SDC 1939, § 12.0113.
S.D. Codified Laws § 7-29-22 — SD Code / Title 7 / Chapter 29 / Section 7-29-22
Validation of prior conveyances subject to vested rights of which notice given
Status: in_force

All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized, and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title, and interest of said county in and to such real property.

If any person has any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1945, ch 43, § 1; SL 1947, ch 45, § 1; SL 1949, ch 27, § 1; SL 1951, ch 36; SL 1953, ch 33; SDC Supp 1960, § 65.0325; SL 1963, ch 461; SL 1970, ch 53; SL 1992, ch 307, § 2.
S.D. Codified Laws § 7-12-26 — SD Code / Title 7 / Chapter 12 / Section 7-12-26
County payment of judgments against sheriff and deputies
Status: in_force

All judgments rendered against the sheriff, deputies, and clerks by reason of any official duties performed by the sheriff, deputies, and clerks shall be paid by the board of county commissioners.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.
S.D. Codified Laws § 7-25-12 — SD Code / Title 7 / Chapter 25 / Section 7-25-12
Performance bond required of construction contractor
Status: in_force

The board shall require a bond from the contractor in a sum equal to the contract price, conditioned that the contractor executes the contract and completes the building according to the plans and specifications and to the full satisfaction of the board. The contractor shall account for all moneys paid to the contractor and pay all bills and claims on account of labor or materials furnished in and about the performance of the contract including all demands of subcontractors. The bond shall stand as security for the bills, claims, and demands and be a surety bond issued by a surety company authorized to do a surety bonding business in the state or a personal bond with sufficient sureties, to be approved by the board of county commissioners.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 2016, ch 44, § 65.
S.D. Codified Laws § 7-25A-18 — SD Code / Title 7 / Chapter 25A / Section 7-25A-18
District manager--Compensation--Duties
Status: in_force

The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this chapter, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be prescribed by the board.

Source: SL 1989, ch 59, § 18.
S.D. Codified Laws § 7-18A-22 — SD Code / Title 7 / Chapter 18A / Section 7-18A-22
Majority vote to approve referred measure--Effective date
Status: in_force

No referred ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution is effective the day following the completion of the canvass of the election returns.

Source: SL 1975, ch 82, § 32; SL 2025, ch 37, § 3.
S.D. Codified Laws § 7-18A-38 — SD Code / Title 7 / Chapter 18A / Section 7-18A-38
Guaranteed income program prohibited--Enforcement--Definition
Status: in_force

A county may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a county fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a county that has adopted an ordinance, order, rule, or program in violation of this section.

For the purposes of this section, the term "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. The term does not include a program under which an individual is required to seek reemployment as a condition of any payments, perform work, or attend training.

Source: SL 2024, ch 27, § 1.
S.D. Codified Laws § 7-13-1 — SD Code / Title 7 / Chapter 13 / Section 7-13-1
Appointment and terms of constables--Accountability
Status: in_force

The board of county commissioners may appoint constables who are registered voters. The constables shall hold office at the pleasure of the board of county commissioners for a term of two years, and until their successors are appointed and qualified. The board of county commissioners may establish guidelines for the accountability of constables.

Source: SL 1920 (SS), ch 38, § 2; SDC 1939, § 12.1501; SL 1961, ch 32, § 1; SL 1979, ch 43; SL 1981, ch 55, § 1.
S.D. Codified Laws § 7-8-25 — SD Code / Title 7 / Chapter 8 / Section 7-8-25
Distribution of surplus commodities
Status: in_force

The board of county commissioners shall have power to cooperate with the federal or state government or any duly constituted agency thereof by expending moneys for the care and distribution of federal surplus commodities, employing clerical help, office space, office supplies and equipment, telephone, and telegrams, and other incidental expenses and to pay for same out of the general fund and such cooperation shall include fixing of responsibility by designation of a single administrator or officer for the purpose of determining eligibility and supervising distribution and accountability, or the board may request the division of social welfare in writing to determine eligibility, relative to surplus commodities for the needy as defined in Title 28 and acts amendatory thereto.

Source: SL 1935, ch 75, § 1; SDC 1939, § 12.0617 (9); SL 1939, ch 20, § 1; SL 1964, ch 22.
S.D. Codified Laws § 7-8-33 — SD Code / Title 7 / Chapter 8 / Section 7-8-33
Declaration and abatement of nuisances by county
Status: in_force

The board of county commissioners of every county may, by ordinance, allow for the declaration and abatement of a public nuisance within the county outside the corporate limits of any municipality. For purposes of this section only, the feeding, breeding, or raising of livestock or the operations of a livestock sales barn, is not presumed, by that fact alone, to be a nuisance.

Source: SL 1989, ch 186; SL 1991, ch 60; SL 1993, ch 65.
S.D. Codified Laws § 7-16-30 — SD Code / Title 7 / Chapter 16 / Section 7-16-30
Amendment or modification of regional prosecutor agreement--Existing and future terms
Status: in_force

A regional prosecutor agreement may be amended or modified as to the existing term only with the consent of all counties that are party to the agreement and the serving regional prosecutor. A regional prosecution agreement may be amended or modified as to the future terms only with the consent of all counties that are party to the agreement.

Source: SL 1996, ch 54, § 7.
S.D. Codified Laws § 7-16-29 — SD Code / Title 7 / Chapter 16 / Section 7-16-29
Application of chapter
Status: in_force

The provisions of chapter 7-16 shall generally apply to any attorney elected to represent the office of regional prosecutor.

Source: SL 1996, ch 54, § 6.
S.D. Codified Laws § 7-31-26 — SD Code / Title 7 / Chapter 31 / Section 7-31-26
Notice of default given to installment purchaser
Status: in_force

To effect such forfeiture the board of county commissioners shall cause to be served upon the purchaser or his legal representative or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service.

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
S.D. Codified Laws § 7-31-10 — SD Code / Title 7 / Chapter 31 / Section 7-31-10
Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs
Status: in_force

If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested persons who shall file with the board of county commissioners an itemized report of the appraisal, signed by at least two members of the board of appraisal. Members of the board of appraisal shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal. The owner of the improvements shall deposit a sum with the county treasurer, prior to the appraisal sufficient to cover the cost of appraisal as determined by the board of county commissioners. The board of appraisal shall be paid from the deposit and any excess shall be refunded to the owner of the improvements.

Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412; SL 2016, ch 47, § 13.
S.D. Codified Laws § 7-1-72 — SD Code / Title 7 / Chapter 1 / Section 7-1-72
Proclamation of new county name
Status: in_force

Upon the certification made by the county auditor pursuant to § 7-1-70 , the secretary of state shall publicly proclaim the result of the election held pursuant to § 7-1-69 and the new name of the county. The new name of the county shall be in full force and effect on the first day of July in the year following the election held pursuant to § 7-1-70 .

Source: SL 1992, ch 51, § 4; SL 2015, ch 57, § 3.
S.D. Codified Laws § 7-18-24 — SD Code / Title 7 / Chapter 18 / Section 7-18-24
Petition for public hearing on sale of gravel by county
Status: in_force

If no private person sells crushed gravel within a county, twenty residents of such county may petition the board of county commissioners to hold a public hearing on the sale of gravel by the county.

Source: SL 1992, ch 57, § 1.
S.D. Codified Laws § 7-21-3 — SD Code / Title 7 / Chapter 21 / Section 7-21-3
Auditor's annual report of transactions for previous fiscal year
Status: in_force

Not later than the first day in June in each year, the county auditor must make and present to the board for its use at the meeting thereof to be held in July for consideration of the annual budget for the following fiscal year a report showing:

(1) The amount of all budget appropriations for each purpose and object and for each item thereof, for each office, board, bureau, department, institution, and agency for the fiscal year immediately preceding, and showing the total amount of such appropriations payable out of each particular fund;

(2) The total amount expended by, through, or for each office, board, bureau, department, institution, and agency, and for each purpose and object and each item thereof, during the whole of the fiscal year immediately preceding, and showing the amount of such expenditures paid out of each particular fund;

(3) An estimate of the amount of all claims and demands on account of liabilities incurred or created during the fiscal year immediately preceding in payment for which no warrants, certificates, or orders have been issued, such estimate showing the amount of such claims and demands payable out of each particular fund;

(4) The balance unpaid on each contract payable out of any budget appropriation for the fiscal year immediately preceding;

(5) The amount of surplus, if any, in the appropriation for each office, board, bureau, department, institution, and agency, and in the appropriation for each purpose and object and such item thereof, for the fiscal year immediately preceding, at the close of such fiscal year, after deducting therefrom the estimated amount of unpaid claims and demands and all balances on contracts payable out of such appropriations;

(6) The balance in money, if any, in each fund at the close of the fiscal year immediately preceding;

(7) The total amount of all revenues received by, paid into, or deposited to the credit of each particular fund of the county and its institutions and agencies during the fiscal year immediately preceding, proper deductions and additions being made for all transfers made from one fund to another during such fiscal year.

Source: SL 1927, ch 79, § 13; SDC 1939, § 12.2011.
S.D. Codified Laws § 7-1-59 — SD Code / Title 7 / Chapter 1 / Section 7-1-59
Stanley County boundaries
Status: in_force

Beginning at the intersection of the centers of the main channels of the Cheyenne and Missouri rivers, thence westerly and up the center of the main channel of the Cheyenne River to the sixth guide meridian east Black Hills meridian; thence south and along said guide meridian to the township line between townships two and three north, Black Hills base line; thence east and along said township line to the west line of the fifth principal meridian survey, being the west line of range seventy - nine west of the fifth principal meridian; thence north and along said range line to the north line of township one hundred eight north of range seventy - nine west of the fifth principal meridian; thence east and along said north line of township one hundred eight north, to the center of the main channel of the Missouri River; thence northerly and up the center of the main channel of said river to the place of beginning.

Source: SL 1872-3, ch 19; SL 1883, ch 35; SL 1893, ch 46; SL 1897, ch 41, § 3; election of November, 1914, for division; SDC 1939, § 12.0160.
S.D. Codified Laws § 7-20-1 — SD Code / Title 7 / Chapter 20 / Section 7-20-1
Banks eligible for deposits--Application for deposit
Status: in_force

The county treasurer shall deposit and at all times keep on deposit the money in state or national banks within the state. A bank may apply for the privilege of keeping the county funds and shall state in the application the amount of money desired. If bond or securities are segregated as provided in § 4-6A-3 , the board of county commissioners shall approve the application.

Source: SL 1897, ch 104, § 1; RPolC 1903, § 349; SL 1917, ch 204, § 1; RC 1919, § 6888; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1974, ch 39, § 13; SL 1976, ch 72; SL 2016, ch 44, § 54; SL 2017, ch 54, § 1.
S.D. Codified Laws § 7-16B-17 — SD Code / Title 7 / Chapter 16B / Section 7-16B-17
Approval of application and disbursements--Amount
Status: in_force

The board established pursuant to § 7-16B-22 shall determine if the application is in order and the claim is justified and may approve disbursements to the county for ninety percent of any expenses related to any one criminal prosecution resulting in a court trial which qualifies pursuant to § 7-16B-16 and may continue to reimburse the county for ninety percent of the expenses for that trial. Reimbursement pursuant to this section shall be made only upon that portion of the legal expenses related to such criminal prosecution resulting in a court trial which is in excess of the qualifying amount set forth in § 7-16B-16 .

Source: SL 1992, ch 55, § 5; SL 1995, ch 41, § 2.
S.D. Codified Laws § 7-13-3 — SD Code / Title 7 / Chapter 13 / Section 7-13-3
Appointment of constables for districts not organized into townships
Status: in_force

The board of county commissioners of each organized county having territory therein which is not organized into civil townships shall divide such territory into such number of districts, not exceeding eight, as it shall deem advisable, from each of which districts there may be appointed at the time specified in § 7-13-1 , one constable who shall serve for a term of two years.

Source: SL 1901, ch 169, §§ 1, 2; RPolC 1903, § 961; RC 1919, § 6026; SL 1920 (SS), ch 38, § 2; SDC 1939, § 12.1501; SL 1961, ch 32, § 1.
S.D. Codified Laws § 7-25-9.1 — SD Code / Title 7 / Chapter 25 / Section 7-25-9.1
Waiver of security requirements on bids less than two thousand dollars
Status: in_force

Notwithstanding the provisions of § 7-25-9 , the requirement of a bid bond, certified check, money order, cash, or other security may be waived when the bid submitted does not exceed two thousand dollars.

Source: SL 1968, ch 276; SL 1979, ch 46, § 2.
S.D. Codified Laws § 7-8-23 — SD Code / Title 7 / Chapter 8 / Section 7-8-23
Rights-of-way on highways granted by county commissioners
Status: in_force

The board of county commissioners may grant the right of constructing, laying, maintaining, and operating on any highway under its jurisdiction, pipelines and gas mains for the transportation of natural or artificial gas.

Source: SL 1929, ch 152, § 1; SDC 1939, § 12.0617(11); SL 1987, ch 210, § 4.
S.D. Codified Laws § 7-8-26.4 — SD Code / Title 7 / Chapter 8 / Section 7-8-26.4
Individual hospital, medical, or health insurance contracts for county officers and employees
Status: in_force

If a county officer or employee can demonstrate to the county commission of a condition which will leave the officer or employee uninsurable upon termination of employment with the county and elects not to participate in the group hospital, medical, or health insurance plans authorized by §§ 7-8-26 and 7-8-26.1 , the board of county commissioners may enter into individual hospital, medical, or health contracts to provide for the protection and benefit of the officer or employee and the officer or employee's immediate family. The board may pay all or part of the necessary premiums for the coverage of the officer or employee and the officer or employee's immediate family. However, the monthly premium for an individual contract may not exceed the monthly premium for the group plan established in the county pursuant to §§ 7-8-26 and 7-8-26.1 .

Source: SL 1984, ch 45; SL 2016, ch 44, § 6.
S.D. Codified Laws § 7-9-15 — SD Code / Title 7 / Chapter 9 / Section 7-9-15
Fees--Real estate documents to conform to format standards--Exception
Status: in_force

The register of deeds shall charge and receive the following fees:

(1) For recording deeds, mortgages, and all other instruments not specifically provided for in this section or this code, the sum of thirty dollars for the first fifty pages plus two dollars for each additional page or fraction thereof exceeding fifty pages. A real estate document recorded with the register of deeds shall conform to § 43-28-23 , but may not be rejected for recording if the document does not comply with § 43-28-23 unless it is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction;

(2) For a certified copy of any instrument of record, including certificate and official seal, the sum of five dollars for the first page plus one dollar for each additional page or fraction thereof, and for an uncertified copy one dollar for each page. The fee applies to each copy whether it is a hard copy, microfilm, electronic copy, or facsimile transmission. In addition to the fee for a certified copy of the record of any birth, there is an additional charge of two dollars for each copy requested, which shall be submitted on a monthly basis to the state treasurer to be deposited in the children's trust fund;

(3) For filing and indexing a bill of sale, seed grain lien, or thresher's lien, the sum of thirty dollars for the first fifty pages plus two dollars for each page or fraction thereof exceeding fifty pages. No fee may be charged for filing any satisfaction or termination of any instrument as prescribed in this subdivision;

(4) For recording oil, gas, and mineral leases, and other recorded documents relating to mineral or oil and gas lease exploration and development, the sum of thirty dollars for the first fifty pages plus two dollars for each page or fraction thereof exceeding fifty pages;

(5) For recording an easement filed by any entity created by chapter 34A-5 , 46A-3A , or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural consumers or any document filed by the Department of Transportation pertaining to the acquisition or disposal of highway right-of-way or lands declared surplus, the sum of twenty dollars for the first three pages plus two dollars for each additional page or fraction thereof; and

(6) Notwithstanding the provisions of subdivision (2) of this section, the board of county commissioners shall fix by resolution the fees to be paid by licensed abstracters of the county or by any person who has passed the written examination established by the Abstracters' Board of Examiners pursuant to § 36-13-11 for uncertified copies of recorded instruments, which fee may not exceed the actual cost to the county for providing such copies.

The register of deeds may not charge a fee for discharging or canceling any personal property lien.

Source: SDC 1939, § 12.0712; SL 1941, ch 28; SL 1943, ch 26; SL 1949, ch 26; SL 1955, ch 19; SL 1971, ch 47, §§ 1 to 3; SL 1976, ch 69; SL 1978, ch 56, §§ 1, 2; SL 1981, ch 51; SL 1984, ch 194, § 2A; SL 1986, ch 64; SL 1988, ch 69; SL 1992, ch 54; SL 1996, ch 51; SL 1997, ch 44, § 1; SL 1999, ch 33, § 1; SL 2001, ch 240, § 2; SL 2012, ch 51, § 1; SL 2013, ch 33, § 1.
S.D. Codified Laws § 7-7-1.6 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.6
Submitting to voters the question of combining with other counties a county office--Procedure
Status: in_force

Notwithstanding the provisions of § 7-7-1.1 , the board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question of whether to combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.

Source: SL 1988, ch 65, § 5.
S.D. Codified Laws § 7-1-40 — SD Code / Title 7 / Chapter 1 / Section 7-1-40
Lake County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred eight north of range fifty - one west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range fifty - four; thence south and along the range line between ranges fifty - four and fifty - five to the southwest corner of township one hundred five north of range fifty - four west; thence east and along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty - one west; thence north and along the range line between ranges fifty and fifty - one, to the place of beginning.

Source: SL 1872-3, ch 16, § 3; SL 1879, ch 12, § 8; SL 1879, ch 63; SDC 1939, § 12.0141.
S.D. Codified Laws § 7-22-18 — SD Code / Title 7 / Chapter 22 / Section 7-22-18
Payment of old checks or warrants at direction of commissioners
Status: in_force

Notwithstanding any provision for cancellation of checks or warrants, the board of county commissioners shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof within a period of six years from date of issue thereof and may direct payment of checks or warrants more than six years from date of issue thereof.

Source: SL 1976, ch 75, § 2.
S.D. Codified Laws § 7-31-38 — SD Code / Title 7 / Chapter 31 / Section 7-31-38
Mineral, oil and gas leases permitted
Status: in_force

To foster and encourage the development and exploitation of mineral, oil, gas, or other substances or commodities among the natural and physical resources of the State of South Dakota, and for the purpose of developing the resources, and operating and carrying on works of internal improvement in the State of South Dakota, any county of this state, as lessor, through its board of county commissioners, is hereby authorized to execute and issue in the name of such county leases for the exploration and development of, and production of oil or gas from any of the lands belonging to any county of this state acquired in satisfaction of a school - fund loan mortgage or through foreclosure of such, or acquired through tax - deed proceedings or in payment of taxes, to any lessees for such a term of years and upon such terms as may be prescribed and contracted by the board of county commissioners of any county in the state in the exercise of their best judgment, to induce drilling operations and production of oil or gas in paying quantities.

Source: SL 1939, ch 165, § 1; SDC Supp 1960, § 42.0801.
S.D. Codified Laws § 7-16B-19.1 — SD Code / Title 7 / Chapter 16B / Section 7-16B-19.1
Supplemental assessment if fund reserve is likely to be depleted
Status: in_force

If it appears to the board that the county legal expense relief fund reserve is likely to be completely depleted, the board may determine a supplemental assessment is required and shall compute each participating county's share utilizing the formula established in § 7-16B-20 . The board shall certify each participating county's share of the supplemental assessment to the county auditor. Each participating county shall remit its share of the supplemental assessment to the board within thirty days of certification.

Source: SL 2012, ch 52, § 2.
S.D. Codified Laws § 7-27-3 — SD Code / Title 7 / Chapter 27 / Section 7-27-3
Conduct of county fair by commissioners--Delegation of powers--Purposes of fair
Status: in_force

It shall be lawful for the county commissioners in their discretion to purchase, including by contract for deed or lease with purchase option, or lease or acquire by gift, bequest, or otherwise, land in such county and to erect or lease and maintain, repair, remodel, and otherwise improve at any time suitable buildings thereon for county fair purposes and to conduct a county fair thereon, employing a secretary or manager therefor, and to do any and all things in the premises which are ordinarily done by the manager conducting county agricultural and industrial fairs, or to delegate any and all such powers for the conduct of such fair to a county fair board or nonprofit operating corporation as provided by §§ 7-27-10 and 7-27-11 , including the right to charge for entrance thereto and to offer premiums for exhibits thereat. In the discretion of the county commissioners county fair purposes may include buildings, equipment, and other facilities for 4-H achievements days or any other 4-H activity, and any funds provided by this chapter may be allocated and used for such expenditures.

Source: SL 1915, ch 125, § 1; RC 1919, § 5808; SL 1919, ch 144; SL 1929, ch 96, § 1; SL 1937, ch 84, § 1; SDC 1939, § 12.2601; SL 1941, ch 34; SL 1951, ch 31, § 1; SL 1953, ch 27; SDC Supp 1960, § 12.2601 (1); SL 1975, ch 81, § 2.
S.D. Codified Laws § 7-9A-3 — SD Code / Title 7 / Chapter 9A / Section 7-9A-3
Recording of documents
Status: in_force

A register of deeds who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission. A register of deeds may:

(1) Receive, index, store, archive, and transmit electronic documents;

(2) Provide for access to, and for search and retrieval of, documents and information by electronic means;

(3) Convert paper documents accepted for recording into electronic form;

(4) Convert into electronic form information and documents recorded before the register of deeds began to record electronic documents;

(5) Accept electronically any fee or tax that the register of deeds is authorized to collect; and

(6) Agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

A register of deeds who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law.

This chapter does not invalidate electronic documents recorded under this chapter, chapter 53-12 , the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, as of January 1, 2014, or any other statute that may apply before the establishment of standards under this chapter by the electronic recording commission.

Each document that a register of deeds accepts for recordation under this section shall be considered recorded despite its failure to conform to one or more requirements of this section or § 43-28-23 , unless the document is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction.

Source: SL 2014, ch 47, § 3.
S.D. Codified Laws § 7-1-39 — SD Code / Title 7 / Chapter 1 / Section 7-1-39
Kingsbury County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred twelve range fifty - three west of the fifth principal meridian, thence west and along the third standard parallel north to the northwest corner of township one hundred twelve north of range fifty - eight west; thence south and along the range line between ranges fifty - eight and fifty - nine west to the southwest corner of township one hundred nine north of range fifty - eight west; thence east and along the second standard parallel north to the southeast corner of township one hundred nine north of range fifty - three west; thence north and along the seventh guide meridian west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12, § 11; SDC 1939, § 12.0140.
S.D. Codified Laws § 7-16-1 — SD Code / Title 7 / Chapter 16 / Section 7-16-1
Election at general election--Oath and bond--Licensed attorney required
Status: in_force

A state's attorney shall be elected in each organized county of this state at each general election, who shall qualify by taking the oath of office and giving a bond as provided by law.

No person shall be eligible to the Office of State's Attorney who is not duly licensed to practice as an attorney and counselor at law by the Supreme Court of this state.

Source: RPolC 1903, § 9271/2; RC 1919, § 5997; SDC 1939, § 12.1301; SL 1965, ch 27, § 1.
S.D. Codified Laws § 7-21-38 — SD Code / Title 7 / Chapter 21 / Section 7-21-38
Form of certificates of indebtedness against delinquent tax fund
Status: in_force

The certificates of indebtedness issued pursuant to § 7-21-37 shall be in substantially the same form as warrants drawn against the general fund of the county, except that they shall be known as certificates of indebtedness and each shall recite in the body thereof that it is drawn against and the principal and interest thereof is payable out of a special fund to be known as the "Delinquent tax fund for the fiscal year ending December 31st, 20____," and will be called in and paid and redeemed whenever there is sufficient money in such fund applicable for such purposes.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-7-24 — SD Code / Title 7 / Chapter 7 / Section 7-7-24
Mileage allowance to county officials
Status: in_force

All county officials, except sheriffs, shall be paid for traveling expenses for each mile traveled in the discharge of their official duties.

Source: SL 1933, ch 70; SDC 1939, § 12.1710; SL 1943, ch 28, § 2; SL 1947, ch 38, § 2; SL 1947, ch 39, § 8; SL 1951, ch 26, § 2; SL 1953, ch 22, § 6; SL 1968, ch 18, § 1; SL 1974, ch 58, § 2; SL 1976, ch 71, § 6; SL 1978, ch 52, § 3; SL 2015, ch 58, § 1.
S.D. Codified Laws § 7-18A-34 — SD Code / Title 7 / Chapter 18A / Section 7-18A-34
Appeal to circuit court from magistrate court--Trial de novo and jury trial
Status: in_force

In any action or proceeding brought in magistrate court for the violation of an ordinance or resolution passed pursuant to this chapter, the defendant shall have the right to appeal the verdict to the circuit court and the right to a trial de novo and a jury trial in the circuit court.

Source: SL 1975, ch 82, § 18.
S.D. Codified Laws § 7-11-9 — SD Code / Title 7 / Chapter 11 / Section 7-11-9
Duplicate receipts for miscellaneous collections
Status: in_force

If the treasurer receives any money, warrants, or orders on any account other than taxes charged on the tax duplicate, the treasurer shall make out duplicate receipts. One receipt shall be delivered to the person paying the money, warrant, or order and the other receipt shall be filed with the auditor within one week.

Source: SL 1897, ch 28, § 91; RPolC 1903, § 2154; RC 1919, § 5927; SDC 1939, § 12.0807; SL 1975, ch 76, § 5; SL 2016, ch 44, § 17.