S.D. Codified Laws § 7-9-13 — SD Code / Title 7 / Chapter 9 / Section 7-9-13
Continued use of previously authorized register index
Status: in_force

Any register of deeds may continue to use the register index heretofore provided by law until space in such record is exhausted after which date the index provided for in §§ 7-9-11 and 7-9-12 shall be used; provided, that any such instrument is not to be deemed defectively filed by reason of any errors in copy filed which do not tend to mislead a party interested; and the negligence of an officer with whom any such instrument is filed does not prejudice the rights of the person for whose protection it is filed.

Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
S.D. Codified Laws § 7-16B-18 — SD Code / Title 7 / Chapter 16B / Section 7-16B-18
Series of trials as one trial
Status: in_force

A series of trials arising out of a single incident shall be considered as one court trial in applying the provisions of §§ 7-16B-16 and 7-16B-17 .

Source: SL 1992, ch 55, § 6.
S.D. Codified Laws § 7-9-29 — SD Code / Title 7 / Chapter 9 / Section 7-9-29
Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee
Status: in_force

The fiscal year for the South Dakota association of county officials register of deeds modernization and preservation relief fund begins on July first and ends on June thirtieth. Before July thirty-first of each year, the association of county officials shall compute each county's share of the deposits from the previous fiscal year. The association shall certify each county's share of the total fund and remit the share to the county auditor on or before August thirty-first of each year. The money in the fund shall be divided equally among each of the sixty-six counties, less the administrative fee to be determined by the board of directors for the South Dakota Association of County Officials and the expenses and costs related to § 7-9A-5 . The administrative fee may not exceed one percent of the total annual remittance to the fund. The county auditor shall deposit the money received pursuant to this section in the county register of deeds modernization and preservation relief fund.

Source: SL 2012, ch 51, § 12; SL 2014, ch 47, § 15.
S.D. Codified Laws § 7-31-2 — SD Code / Title 7 / Chapter 31 / Section 7-31-2
County commissioners to control land
Status: in_force

The board of county commissioners of any county shall have control of the sale, rental, and management of real property owned by the county acquired in satisfaction of school - fund loan mortgages or through foreclosure, or acquired through tax - deed proceedings or in payment of taxes, as provided in §§ 7-31-1 to 7-31-36 , inclusive.

Source: SL 1939, ch 25, § 2; SDC Supp 1960, § 12.3402.
S.D. Codified Laws § 7-22-13 — SD Code / Title 7 / Chapter 22 / Section 7-22-13
Failure of warrant holder to present warrant for annual interest--Failure to provide treasurer certain information
Status: in_force

Any warrant holder who fails to present a warrant to the treasurer within thirty days after the treasurer has mailed written notice to the holder, addressed to the holder's last known address, loses the right to payment pursuant to § 7-22-12 . No holder of a registered warrant is entitled to payment in the order provided in § 7-22-12 unless the holder has filed with the treasurer a description of the warrant or warrants held by the holder, and the holder's name and post office address.

Source: SL 1933, ch 160, § 2; SDC 1939, § 12.0814; SL 2016, ch 44, § 61.
S.D. Codified Laws § 7-9A-2 — SD Code / Title 7 / Chapter 9A / Section 7-9A-2
Validity of electronic documents
Status: in_force

If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter. If a law requires or refers to something related to tangible media, the requirement or reference is satisfied by an electronic document satisfying this chapter.

If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature.

In a proceeding, evidence of a document or signature may not be excluded solely because it is in electronic form.

This section does not require that a register of deeds adopt the process of recording electronic documents.

Source: SL 2014, ch 47, § 2.
S.D. Codified Laws § 7-1-25 — SD Code / Title 7 / Chapter 1 / Section 7-1-25
Faulk County boundaries
Status: in_force

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

Source: SL 1872-3, ch 16; SL 1883, ch 19, § 1; SDC 1939, § 12.0126.
S.D. Codified Laws § 7-9-26 — SD Code / Title 7 / Chapter 9 / Section 7-9-26
Fees deposited into fund--Distribution
Status: in_force

Five dollars of each recording or filing fee collected by the register of deeds, pursuant to subdivisions 7-9-15(1), (3), (4), and (5) and §§ 11-3-11 , 43-15A-9 , and 43-20-10 , shall be deposited into the county register of deeds modernization and preservation relief fund. Sixty percent of the money deposited in the fund pursuant to this section shall remain in the fund for use by the register of deeds pursuant to § 7-9-25 . Forty percent of the money deposited in the fund pursuant to this section shall be remitted before the last working day of each month for the previous month's collections to the South Dakota association of county officials register of deeds modernization and preservation relief fund created pursuant to § 7-9-28 .

Source: SL 2012, ch 51, § 9.
S.D. Codified Laws § 7-19-5 — SD Code / Title 7 / Chapter 19 / Section 7-19-5
Circuit court hearing and confirmation of mortgage indebtedness compromise
Status: in_force

After the passage of the resolution required by § 7-19-4 , it shall be the duty of the county auditor within three days to notify the state's attorney in writing of the adoption of the same. The state's attorney shall thereupon petition the circuit court for an order approving and confirming said compromise. Such petition shall be brought on for hearing upon notice setting forth the contents of said resolution and the time and place of hearing said petition which said notice shall be published once in an official newspaper of the county at least six days prior to said hearing.

Source: SL 1935, ch 81, § 2; SDC 1939, § 12.1916.
S.D. Codified Laws § 7-18-4 — SD Code / Title 7 / Chapter 18 / Section 7-18-4
Affidavit of official publications
Status: in_force

Each official newspaper shall file an affidavit of publication with the county auditor, executed in due form, of all legal official publications made by the county.

Source: SL 1874-5, ch 25, § 1; PolC 1877, ch 21, § 54; CL 1887, § 619; SL 1901, ch 97, § 1; RPolC 1903, § 859; RC 1919, § 5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, § 44.
S.D. Codified Laws § 7-18A-36 — SD Code / Title 7 / Chapter 18A / Section 7-18A-36
Firearms regulation prohibited--Action by attorney general
Status: in_force

No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

Source: SL 1983, ch 38, § 2; SL 2019, ch 51, § 1.
S.D. Codified Laws § 7-1-28 — SD Code / Title 7 / Chapter 1 / Section 7-1-28
Haakon County boundaries
Status: in_force

Beginning at the intersection of the center of the main channel of the Cheyenne River with the sixth guide meridian, east Black Hills meridian, thence south and along said sixth guide meridian to the township line between townships two and three, north; thence east on said township line between townships two and three north to the range line between ranges twenty - five and twenty - six, east Black Hills meridian; thence south on said range line between said ranges twenty - five and twenty - six to the Black Hills base line; thence west on said base line to the range line between ranges seventeen and eighteen, east Black Hills meridian; thence north on the range line between said ranges seventeen and eighteen to the center of the main channel of the Cheyenne River; thence easterly and down the center line of the main channel of said river to the place of beginning.

Source: Election of November, 1914, dividing original Stanley county; SDC 1939, § 12.0129.
S.D. Codified Laws § 7-22-6 — SD Code / Title 7 / Chapter 22 / Section 7-22-6
Warrants paid in order of presentation
Status: in_force

All warrants upon the treasurer of any county shall be paid out of the fund on which they are drawn in the order of their presentation.

Source: SL 1874-5, ch 74, § 1; PolC 1877, ch 50, § 1; CL 1887, § 1671; RPolC 1903, § 2251; SL 1913, ch 359; RC 1919, § 6973; SDC 1939, § 12.0812.
S.D. Codified Laws § 7-16-27 — SD Code / Title 7 / Chapter 16 / Section 7-16-27
Election district for office of regional prosecutor
Status: in_force

For purposes of §§ 7-16-24 to 7-16-30 , inclusive, the election district for the office of regional prosecutor includes the total election boundaries of each county entering an agreement for merging the functions of the state's attorney.

Source: SL 1996, ch 54, § 4.
S.D. Codified Laws § 7-31-40 — SD Code / Title 7 / Chapter 31 / Section 7-31-40
Assignment of mineral, oil and gas leases
Status: in_force

All leases issued under the provisions of § 7-31-38 shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the said county. The term legal subdivision as used in this section shall be construed in its ordinary sense as used and recognized in the Bureau of Land Management of the United States. The assignment provided for herein shall be executed and acknowledged in duplicate in the manner prescribed for the conveyance of real estate in this state and subject to recording as other instruments conveying real estate, with like force and effect.

Source: SL 1939, ch 165, § 2; SDC Supp 1960, § 42.0802.
S.D. Codified Laws § 7-1-9 — SD Code / Title 7 / Chapter 1 / Section 7-1-9
Buffalo County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred eight north of range sixty - eight, west of the fifth principal meridian, thence west and along the second standard parallel north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of said Missouri River to the township line between townships one hundred five and one hundred six north; thence east and along said township line to the southeast corner of township one hundred six north of range sixty - eight west; thence north and along the range line between ranges sixty - seven and sixty - eight west, to the place of beginning.

Source: SL 1863-4, ch 12; SL 1870-1, ch 10; SL 1872-3, ch 17, § 1; SL 1883, ch 14, § 1; SL 1883, ch 23, § 1; SDC 1939, § 12.0110.
S.D. Codified Laws § 7-21-16 — SD Code / Title 7 / Chapter 21 / Section 7-21-16
Debts and liabilities exceeding maximum tax levy prohibited
Status: in_force

It shall be unlawful for the officers of any county, unless specially and expressly authorized by law, to contract any debt or incur any pecuniary liability, unless both the principal and annual interest thereof, in addition to other necessary disbursements, can be paid by the levy for the current year on the taxable property within the county at not exceeding the maximum rate prescribed by law; or in case such levy for the current year has been made, then by levy for the next subsequent year at not exceeding such maximum rate.

Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 12.1901.
S.D. Codified Laws § 7-31-11 — SD Code / Title 7 / Chapter 31 / Section 7-31-11
Deposit of value of improvements--Transfer of ownership
Status: in_force

The subsequent lessee, or purchaser shall become the owner of such improvements when he has deposited with the board of county commissioners, for the use of the former owner of the improvements, a sum equal to their value as determined by the board of appraisal.

Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
S.D. Codified Laws § 7-18A-4 — SD Code / Title 7 / Chapter 18A / Section 7-18A-4
Ordaining clause
Status: in_force

The style of all ordinances shall be as follows: "An ordinance ________ (inserting the title)" followed by: "Be it ordained by ________ county," followed by the substance of the ordinance.

Source: SL 1975, ch 82, § 6.
S.D. Codified Laws § 7-18A-29 — SD Code / Title 7 / Chapter 18A / Section 7-18A-29
Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form
Status: in_force

Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, that an ordinance in revision was adopted. Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper. The board shall publish the revised ordinances in book form.

Source: SL 1975, ch 82, § 15.
S.D. Codified Laws § 7-21-23 — SD Code / Title 7 / Chapter 21 / Section 7-21-23
Procedural requirements for supplemental budgets
Status: in_force

All of the provisions of §§ 7-21-12 to 7-21-15 , inclusive, with reference to the adoption of the resolution, signing of the resolution and budget, minute entries, and filing, shall apply to any supplemental budget made and adopted under the provisions of § 7-21-21 or § 7-21-22 .

Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008; SL 1943, ch 32; SL 1945, ch 33; SL 1947, ch 43.
S.D. Codified Laws § 7-23-7 — SD Code / Title 7 / Chapter 23 / Section 7-23-7
Adjustment of accounts of delinquent officers--Forfeiture for delinquency
Status: in_force

If any person thus chargeable shall neglect or refuse to render true accounts or settle, such board shall adjust the accounts of such delinquent according to the best information it can obtain, and ascertain the balance due the county, and order suit to be brought in the name of the county therefor; and such delinquent shall not be entitled to any commission and shall forfeit and pay to the county a penalty of twenty percent on the amount of funds due the county.

Source: SL 1868-9, ch 4, § 37; SL 1874-5, ch 27, §§ 36, 37; PolC 1877, ch 21, § 52; CL 1887, § 617; RPolC 1903, § 857; RC 1919, § 5893; SDC 1939, § 12.1907.
S.D. Codified Laws § 7-8-40 — SD Code / Title 7 / Chapter 8 / Section 7-8-40
Conditions of public works program for payment of property taxes--Participation
Status: in_force

Any program created by a county pursuant to § 7-8-39 shall establish the conditions under which such work is conducted and how the income from such employment is to be applied to a person's property taxes. The program may include any unit of government within the county. The conditions the county establishes shall include a direct transfer of revenue between units of government in lieu of property tax abatements or actual payments to individuals. Any person may elect not to participate in the program.

Source: SL 1994, ch 65, § 2.
S.D. Codified Laws § 7-8-20 — SD Code / Title 7 / Chapter 8 / Section 7-8-20
General powers of county commissioners
Status: in_force

In addition to others specified by law, the board of county commissioners shall have power:

(1) To institute and prosecute civil actions in the name of the county, for and on behalf of the county;

(2) To make orders respecting the care and preservation of all property belonging to the county and to sell any real property of the county when authorized by law so to do;

(3) To levy a tax not exceeding the amount authorized by law, and to liquidate indebtedness;

(4) To audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated for its benefit;

(5) To construct and repair bridges; to open, lay out, vacate, and change highways; to purchase or acquire grounds for courthouse, jail, or other building sites, locate or relocate the courthouse on such sites; to establish election precincts in its county and appoint the judges of election; and, as a board of equalization, to equalize the assessment roll of its county in the manner provided by law;

(6) To furnish necessary blank books, blanks, and stationery for the county auditor, register of deeds, county treasurer, state's attorney, sheriff, and other elected or appointed county officers, to be paid out of the county treasury; also a fireproof safe or vaults, when in its judgment the same shall be advisable, in which to keep all the books, records, vouchers, and papers pertaining to the business of the board;

(7) To superintend the fiscal concerns of the county and secure their management in the best possible manner;

(8) To regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, to establish the number of on-sale licenses which may be issued, to provide for reasonable classification of on-sale licenses and fix the fees to be charged for the licenses consistent with the provisions of Title 35;

(9) To make ordinances prohibiting the sale or exhibition of any obscene matter; however, no county resolution shall be effective in any incorporated area within said county;

(10) To do and perform such other duties and acts as it is or may hereafter be required to do and perform;

(11) To provide additional compensation to the county treasurer, county auditor, county register of deeds, state's attorney, and sheriff. This compensation shall be in addition to the salaries prescribed in §§ 7-7-9.1 , 7-7-12 , and 7-12-15 ;

(12) To provide office space, in addition to that provided in the county courthouse, for state's attorneys, appointed officials of the county and other employees;

(13) To receive and administer grants, loans and assistance and to enter into agreements for cooperative action, with or on behalf of any public agency or nonprofit organization, to establish, promote and support community development;

(14) To enact ordinances to regulate and prevent the placing of ashes, dirt, garbage or any offensive matter in any highway or public ground or in any body or stream of water within the county, but outside of an incorporated municipality or outside of the one mile limits of any incorporated municipality;

(15) To enact ordinances to regulate and compel the cleansing, abatement or removal of any sewer, cesspool or any unwholesome or nauseous thing or place;

(16) To license and regulate transient merchants, hawkers, solicitors, peddlers, itinerant vendors, and every person retailing tangible personal property or services, unless such business is carried on exclusively within the boundaries of a municipality or is carried on through home solicitation or from a fixed permanent location and place of business in this state where such goods and services are offered on a continuing basis;

(17) To enact by ordinance, for any portion of the county which is zoned, certain building codes pursuant to § 11-10-5 ;

(18) To prohibit or restrict open burning, after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety.

Source: SDC 1939, § 12.0617; SL 1971, ch 45, § 1; SL 1974, ch 61, § 1; SL 1981, ch 44, § 5; SL 1981, ch 50; SL 1982, ch 65; SL 1985, ch 47; SL 1987, ch 29, § 2; SL 1987, ch 68; SL 1989, ch 30, § 13; SL 1991, ch 58, § 1; SL 1993, ch 64; SL 1995, ch 81, § 1; SL 1998, ch 77, § 2; SL 2001, ch 47, § 2; SL 2001, ch 187, § 2; SL 2010, ch 183, § 9.
S.D. Codified Laws § 7-21-13 — SD Code / Title 7 / Chapter 21 / Section 7-21-13
Signing, attestation, and filing of final budget
Status: in_force

The resolution together with the budget as approved and adopted shall be signed by the members of the board, attested by the county auditor and filed in the office of the county auditor, and such budget, after approval and adoption, shall be known as the "annual budget for the fiscal year, beginning January 1st, 20____, and ending December 31st, 20____."

Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3; SL 1984, ch 49, § 4.
S.D. Codified Laws § 7-21-8.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-8.1
Publication of text of provisional budget
Status: in_force

With the first notice published pursuant to § 7-21-8 , the text of the provisional budget shall also be published. The text shall include each major revenue source and expenditure classified by function, subfunction and activity as defined by the auditor general.

Source: SL 1927, ch 79, § 6; SDC 1939, § 12.2004; SL 1951, ch 29, § 1; SDCL, § 7-21-8 ; SL 1972, ch 43, § 3; SL 1984, ch 49, § 1.
S.D. Codified Laws § 7-18A-15.1 — SD Code / Title 7 / Chapter 18A / Section 7-18A-15.1
Legislative decision of board subject to referendum--Administrative decision not subject to referendum
Status: in_force

Any legislative decision of a board of county commissioners is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.

No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.

Source: SL 1986, ch 73, § 3.
S.D. Codified Laws § 7-20-1.2 — SD Code / Title 7 / Chapter 20 / Section 7-20-1.2
Domestic federal credit union as official depository--Requirement
Status: in_force

Any domestic federal credit union chartered by the United States is a qualified public depository for county funds if such funds are invested in accounts which are insured by the National Credit Union Administration.

Source: SL 1987, ch 71, § 1.
S.D. Codified Laws § 7-1-17 — SD Code / Title 7 / Chapter 1 / Section 7-1-17
Custer County boundaries
Status: in_force

Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles south of its intersection with the forty - fourth parallel of north latitude, thence due east and on a direct line to the center of the main channel of the south fork of the Cheyenne River; thence southwesterly and up the center of the main channel of said south fork of said river to the one hundred third meridian of west longitude; thence south and along said meridian of longitude to the township line between townships six and seven, south of the Black Hills base line; thence west and along said township line to the boundary line between the states of South Dakota and Wyoming; thence north and along said boundary line to the place of beginning.

Source: SL 1874-5, ch 29; PolC 1877, ch 42, § 1; SL 1881, ch 39; SL 1883, ch 18, § 1; SDC 1939, § 12.0118.
S.D. Codified Laws § 7-27-6 — SD Code / Title 7 / Chapter 27 / Section 7-27-6
Lease of fair grounds--Maximum term--Purchase options--Sale or gift
Status: in_force

If land or buildings leased by a county or by the county fair board or nonprofit operating corporation for fair grounds is owned by any other public corporation or subdivision, a lease thereof may be made for any period not to exceed ninety - nine years and all public corporations or subdivisions are hereby authorized to make such lease contracts, and to include purchase options therein, or to sell under contract for deed or otherwise or to make a gift of such property to any of the foregoing entities as in the discretion of the governing bodies might best serve the public interest.

Source: SL 1937, ch 84, § 1; SDC 1939, § 12.2601; SL 1941, ch 34; SL 1951, ch 31, § 1; SDC Supp 1960, § 12.2601 (5); SL 1975, ch 81, § 3.
S.D. Codified Laws § 7-16A-2 — SD Code / Title 7 / Chapter 16A / Section 7-16A-2
Joint office established by two or more counties
Status: in_force

If a board of county commissioners elects to establish and maintain an office of public defender, it may join with the board of county commissioners of one or more other counties to jointly establish and maintain an office of public defender. In that case the participating counties shall be treated for the purpose of this chapter as if they were one county.

Source: SL 1978, ch 152, § 6.
S.D. Codified Laws § 7-12-27 — SD Code / Title 7 / Chapter 12 / Section 7-12-27
Reimbursement of sheriff and deputies paid from county general fund
Status: in_force

All claims for reimbursement of the sheriff, deputies, and clerks arising from official duties of such county officials, as provided by law, shall be paid from the general fund of the county 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 § 7-3-10 — SD Code / Title 7 / Chapter 3 / Section 7-3-10
Auditor-general's apportionment final if no action brought
Status: in_force

In case no action is brought within the time prescribed in § 7-3-9 , the apportionment made by the auditor - general shall be final and binding upon all counties and persons affected.

Source: SL 1917, ch 175, § 3; RC 1919, § 5778; SDC 1939, § 12.0405.
S.D. Codified Laws § 7-18A-6 — SD Code / Title 7 / Chapter 18A / Section 7-18A-6
Vote on ordinances--Entry in minutes
Status: in_force

The vote on all ordinances on the second reading shall be taken by yeas and nays and entered in the minutes of the meeting.

Source: SL 1975, ch 82, § 8.
S.D. Codified Laws § 7-12-18 — SD Code / Title 7 / Chapter 12 / Section 7-12-18
Fees--Amounts--Exceptions--Law enforcement purposes
Status: in_force

The sheriff shall charge and remit the following:

(1) For serving an order of arrest with commitment or bail bond and return, twenty-five dollars;

(2) For any summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, injunction, order to show cause, citation, or other process submitted to be served, whether service is completed or not, and return of the instrument, no more than fifty dollars. Only one fee may be charged for all process to be served at the same time upon the same person, regardless of the capacity in which the person is served or attempted to be served. For all process served upon another person at approximately the same time at the same place, no more than ten dollars;

(3) For serving subpoena for witness, each person, twenty dollars;

(4) For traveling expenses in a motor vehicle, a ten-dollar flat fee, or a mileage allowance of eight cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by private plane. Actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;

(5) For serving writ of execution and return of the instrument, whether satisfied or unsatisfied, ninety-five dollars;

(6) For levying writ of possession, fifty dollars. If the sale of the property levied upon is not subsequently held, the actual costs or expenses associated with levying writ of possession must be paid;

(7) For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;

(8) For posting notices of sale of real property, twenty-five dollars, and mileage;

(9) For executing writ or order of partition, twenty-five dollars;

(10) For making deed for land sold on execution or order of sale, one hundred dollars except no fee is charged when the deed only requires the sheriff's signature;

(11) In addition to the applicable fees and expenses, a commission of six percent on all money received and disbursed by the sheriff on execution or order of sale, order of attachment, decree or on sale of real property or personal property. In no case may the commission be less than fifty dollars or more than three thousand five hundred dollars. If the execution or order of sale is a foreclosure of a real estate mortgage, the commission may not be more than one thousand five hundred dollars. The commission must be included as a part of the cost of execution, order of sale, order of attachment, or decree, or on sale of real or personal property to be paid by the debtor out of the proceeds. In each case of redemption prior to the sale, the sheriff is entitled to the commission as stated above, to be paid by the redemptioner as a cost of the redemption;

(12) For a case in circuit court, if a person, in whose favor an execution or order of sale is issued, bids on the property sold on execution or decree, the sheriff or officer making the sale must receive the following compensation:

(a) If the amount for which the property is bid on is one thousand dollars or less, the sum of forty dollars; and

(b) If the amount for which the property is bid on is more than one thousand dollars, the sum of one hundred dollars;

(13) For making a sale of real property under a foreclosure of mortgage by advertisement, the same fees as for the sale of real property under a judgment of foreclosure and sale of real property pursuant to subdivision (10); and

(14) If personal property is taken by the sheriff on execution or warrant of attachment and applied in the satisfaction of the debt without sale, the same percentage on the appraised value of the property as in the case of a sale pursuant to subdivision (10) and all additional reasonable and necessary costs and expenses incurred in executing the duties of sheriff and expenses associated with the removal of property from the premises.

No fee may be charged in any action under § 25-10-3 , 25-10-6 , 22-19A-8 , or 22-19A-12 .

The fees established pursuant to this section must be used for law enforcement purposes.

Source: SDC 1939, § 12.1003; SL 1947, ch 35; SL 1957, ch 20; SL 1959, ch 26; SL 1963, ch 40, § 2; SL 1967, ch 16; SL 1969, ch 21; SL 1970, ch 48; SL 1973, ch 46; SL 1974, ch 63; SL 1974, ch 153, § 2; SL 1975, ch 78; SL 1976, ch 71, §§ 1 to 5, 7 to 9; SL 1977, ch 62; SL 1978, ch 57; SL 1978, ch 58, § 1; SL 1981, ch 53; SL 1982, ch 66; SL 1985, ch 204, § 2; SL 1990, ch 54; SL 1996, ch 52; SL 1998, ch 42, § 1; SL 2002, ch 129, § 4; SL 2007, ch 38, § 1; SL 2016, ch 47, § 11; SL 2024, ch 20, § 7; SL 2025, ch 35, § 1.
S.D. Codified Laws § 7-16-7.1 — SD Code / Title 7 / Chapter 16 / Section 7-16-7.1
Employment of paralegal and secretarial assistance
Status: in_force

A state's attorney may employ a paralegal assistant and secretarial assistance as is necessary for the efficient operation of his office. The employment of assistance is subject to prior approval of the board of county commissioners, who shall determine the compensation that the employees receive.

Source: SL 1982, ch 68.
S.D. Codified Laws § 7-8-4 — SD Code / Title 7 / Chapter 8 / Section 7-8-4
Form of ballot on increase of number of commissioners
Status: in_force

If the petition is for an increase in the number of commissioners, the proposition shall be submitted by separate ballot in the following form:

Ballot on Increase in Number of County Commissioners and Commissioners' Districts

(Place x or  in square at left of your choice).

G For five commissioners.

G Against five commissioners.

Source: SL 1937, ch 88, § 1; SDC 1939, § 12.0603.
S.D. Codified Laws § 7-19-9 — SD Code / Title 7 / Chapter 19 / Section 7-19-9
Action to set aside county conveyance after mortgage compromise prohibited
Status: in_force

In all cases where real property has, prior to July 1, 1935, been conveyed by deed to any county in satisfaction of a mortgage on said land securing the payment of a state permanent school fund loan and such real property has been thereafter conveyed by such county, no action or proceeding to invalidate, set aside, or annul such conveyance by the county on the ground of any alleged defect in the proceeding for the acquisition of such real property by such county or in the proceedings for the subsequent conveyance of such property by the county shall be maintained, any existing statute to the contrary notwithstanding.

Source: SL 1935, ch 145, § 2; SDC 1939, § 12.1917.
S.D. Codified Laws § 7-16-19 — SD Code / Title 7 / Chapter 16 / Section 7-16-19
Full-time position--Private practice prohibited
Status: in_force

In any county of over fifty thousand population and any other county where the board of county commissioners so designates, the state's attorney shall be a full-time position and the state's attorney may not be counsel or attorney in any action, civil or criminal, in the courts of this state except when acting on behalf of the county or the State of South Dakota.

Source: SDC 1939, § 12.1301 as added by SL 1965, ch 27, § 1; SL 1972, ch 39, § 2; SL 1982, ch 62, § 2; SL 2016, ch 44, § 30.
S.D. Codified Laws § 7-31-48 — SD Code / Title 7 / Chapter 31 / Section 7-31-48
Compensation of managing agents--Clerical assistance and supplies
Status: in_force

Any agent or agents employed under the provisions of § 7-31-45 shall receive such compensation as may be determined by the board of county commissioners, and the board shall have authority to employ any clerical help and provide any office space and office supplies which may be necessary to carry out the provisions of §§ 7-31-45 to 7-31-48 , inclusive.

Source: SL 1937, ch 87, § 2; SDC 1939, § 12.2218.
S.D. Codified Laws § 7-9-7.2 — SD Code / Title 7 / Chapter 9 / Section 7-9-7.2
Certificate of value--Form
Status: in_force

The form of the certificate of value required by §§ 7-9-7 and 10-13-40 shall be established by the secretary of revenue by rule promulgated pursuant to chapter 1-26 .

Source: SL 1991, ch 61, § 2; SL 1999, ch 50, § 2.
S.D. Codified Laws § 7-29-23 — SD Code / Title 7 / Chapter 29 / Section 7-29-23
Sale or lease of real property for industrial development or public purposes--Terms of lease
Status: in_force

Every county shall have power to lease or sell on a negotiated basis and to convey any of its real property to a municipality or the state or another county, or to a nonprofit local industrial development corporation as defined by § 7-29-24 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in § 9-54-1 . Such lease or sale shall be authorized on the terms and in the manner provided by resolution of the county commissioners.

Source: SL 1976, ch 63, § 1; SL 1977, ch 48, § 2.
S.D. Codified Laws § 7-9A-8 — SD Code / Title 7 / Chapter 9A / Section 7-9A-8
Promulgation of rules
Status: in_force

The commission shall adopt rules, pursuant to chapter 1-26 , to keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that substantially comply with this chapter and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that substantially comply with this chapter. The electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:

(1) Standards and practices of other jurisdictions;

(2) The most recent standards promulgated by national standard-setting bodies;

(3) The views of interested persons and governmental officials and entities;

(4) The needs of counties of varying size, population, and resources; and

(5) Standards requiring adequate information security protection to reasonably ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

Source: SL 2014, ch 47, § 8.
S.D. Codified Laws § 7-7-1.4 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.4
Appointment--Coroner
Status: in_force

Notwithstanding the provisions of § 7-7-1.1 , the board of county commissioners in any county may, by resolution, appoint a coroner who shall serve at the pleasure of such board. However, no board of county commissioners may exercise the authority granted pursuant to this section unless:

(1) Not later than the April first preceding the election for coroner, the board, by resolution, adopts the appointment option; and

(2) The appointment of any appointed coroner may not take effect until the expiration of the term of office of any duly elected coroner.

Source: SL 1985, ch 49; SL 2021, ch 35, § 1; SL 2023, ch 22, § 1.
S.D. Codified Laws § 7-27-1 — SD Code / Title 7 / Chapter 27 / Section 7-27-1
Construction and maintenance of exhibition buildings--Acquisition of property--Tax levy
Status: in_force

The county commissioners may erect, maintain, repair, remodel, and otherwise improve upon any ground owned or acquired by purchase, including by contract for deed or lease with purchase option, lease, gift, bequest, or otherwise, any building to be used for the exhibition of stock, farm produce, school work, and domestic arts, or for the sale of livestock, or for farmers' or other meetings or any other purpose which in the discretion of the county commissioners is to the benefit of the best interests of the county. The board may purchase, including by contract for deed or lease with purchase option, lease, or otherwise acquire by gift, bequest, or otherwise, any other real property in the county with or without buildings thereon, or lease space in any building within the county, for any of the above specified purposes. The county commissioners may levy a tax for any of the purposes not to exceed thirty cents per thousand dollars of taxable valuation of taxable property in the county. The levy authorized by this section is in addition to the levy authorized in § 10-12-21 .

Source: SL 1921, ch 169; SDC 1939, § 12.2305; SL 1951, ch 30; SL 1963, ch 50; SL 1973, ch 47, § 1; SL 1975, ch 81, § 1; SL 1985, ch 15, § 25; SL 1985, ch 77, § 11; SL 1990, ch 55.
S.D. Codified Laws § 7-16A-5 — SD Code / Title 7 / Chapter 16A / Section 7-16A-5
Appointment and qualifications of public defender
Status: in_force

The advisory committee shall appoint and dismiss the public defender. To be appointed, a person shall be licensed to practice law in this state, be competent to counsel and defend a person charged with a crime, and have basic knowledge of, and experience in, criminal law.

Source: SL 1978, ch 152, §§ 3, 4; SL 1983, ch 45, § 2.
S.D. Codified Laws § 7-1-29 — SD Code / Title 7 / Chapter 1 / Section 7-1-29
Hamlin County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred fifteen north of range fifty - one, west of the fifth principal meridian, thence west and along the township line between townships one hundred fifteen and one hundred sixteen north, to the northwest corner of township one hundred fifteen north of range fifty - five west; thence south and along the range line between ranges fifty - five and fifty - six west to the southwest corner of township one hundred thirteen north of range fifty - five west; thence east and along the third standard parallel north, to the southeast corner of township one hundred thirteen 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: SL 1872-3, ch 16; PolC 1877, ch 42, § 1; SDC 1939, § 12.0130.
S.D. Codified Laws § 7-30-10 — SD Code / Title 7 / Chapter 30 / Section 7-30-10
Lease of residential property--Advertising and auction--Payment of rent--Default
Status: in_force

The commissioners are authorized to rent such property for residence purposes only for a term not exceeding one year, and subject to the right of sale of the same by the county, and without any guaranty of title and possession by the county, provided the leasing of such property for a term longer than one month has been advertised and the property let to the highest bidder at the annual leasing of other county real estate. In such cases the rent shall be payable monthly in advance and the commissioners may require security for payment of the same in their discretion. Upon default in payment of any such rent, the tenant may be evicted under any procedure provided by law for eviction in leases of private property.

Source: SDC 1939, § 12.2212.
S.D. Codified Laws § 7-22-12 — SD Code / Title 7 / Chapter 22 / Section 7-22-12
Call of outstanding warrants for annual payment of interest
Status: in_force

As soon as there is sufficient money in the special warrant interest fund to pay one year's interest on one or more outstanding warrants, the county treasurer shall notify the holder of the oldest registered warrant or warrants to present the same for payment of interest, and such treasurer shall continue to call all outstanding warrants for payment of interest in the order of registration as rapidly as funds are available therefor. No warrant shall be called for payment of interest until the same shall have been registered for at least one year.

Source: SL 1933, ch 160, § 2; SDC 1939, § 12.0814.
S.D. Codified Laws § 7-18-8 — SD Code / Title 7 / Chapter 18 / Section 7-18-8
Liability insurance and agreements obtained for county--Protection for officers and employees
Status: in_force

Any board of county commissioners may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24 , to protect and assist the county in meeting obligations arising from such acts or omissions for which the county may be legally liable. The liability insurance coverage or other arrangement obtained shall protect the county officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.

Source: SL 1949, ch 28; SDC Supp 1960, § 12.1810; SL 1975, ch 80; SL 1978, ch 50, § 1; SL 1987, ch 75, § 2.
S.D. Codified Laws § 7-9-20 — SD Code / Title 7 / Chapter 9 / Section 7-9-20
Court action for refusal to record
Status: in_force

Any person whose document or lien is refused for recording by the register of deeds pursuant to § 7-9-19 may commence an action in the circuit court for that county for an order directing the register to file the document. If the court determines that the register is required or authorized by law to record the document or that the lien is not counterfeit, it shall order the register to record the document.

Source: SL 1997, ch 45, § 2.
S.D. Codified Laws § 7-3-8 — SD Code / Title 7 / Chapter 3 / Section 7-3-8
Auditor-general's report filed with county auditors--Conclusive evidence
Status: in_force

The auditor - general shall file a report of such apportionment with the county auditor of the original and new county or counties within thirty days after such apportionment is made, and such report shall be conclusive evidence of the amounts due from one county to the other or others, respectively, except as provided in § 7-3-9 .

Source: SL 1917, ch 175, § 2; RC 1919, § 5777; SDC 1939, § 12.0405.
S.D. Codified Laws § 7-11-14 — SD Code / Title 7 / Chapter 11 / Section 7-11-14
Collection fees not deducted from taxes received
Status: in_force

The county treasurer shall not deduct from any tax collected by him, any fee for the collection thereof, and the full amount of tax collected shall be credited to the taxing district from which such tax is collected.

Source: SL 1909, ch 171, § 1; RC 1919, § 5943; SL 1919, ch 146; SDC 1939, § 12.0810.
S.D. Codified Laws § 7-9-12 — SD Code / Title 7 / Chapter 9 / Section 7-9-12
Form of personal property index
Status: in_force

The index described in § 7-9-11 shall be substantially, or as near as may be, in the following form:

Personal Property Index

Vendor

or

Obligee

Vendee

or

Obligor

Number

Date

Date

of

Filing

Nature

of

Instrument

Amount

Remarks

Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
S.D. Codified Laws § 7-16A-12 — SD Code / Title 7 / Chapter 16A / Section 7-16A-12
Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute
Status: in_force

If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to represent the indigent person.

A substitute attorney has the same duty to the indigent person as the public defender for whom the attorney is substituted. The court shall prescribe reasonable compensation for the substitute attorney and approve the expenses necessarily made by the attorney for the defense of the indigent person in the manner pursuant to § 23A-40-8 .

Source: SL 1978, ch 152, § 10; SL 2016, ch 44, § 36.
S.D. Codified Laws § 7-1-10 — SD Code / Title 7 / Chapter 1 / Section 7-1-10
Butte County boundaries
Status: in_force

Beginning at a point where the center of the main channel of Redwater Creek crosses the boundary line between the states of Wyoming and South Dakota, thence easterly and along the center of the main channel of said Redwater Creek to the intersection of the township line between townships seven and eight north Black Hills base line; thence east and along said township line to the southeast corner of township eight north of range nine, east Black Hills meridian; thence north and along the range line between ranges nine and ten east, to the northeast corner of township fourteen north of range nine east; thence west and along the township line between townships fourteen and fifteen north, to its intersection with the boundary line between the states of South Dakota and Wyoming; thence south along said state line to the place of beginning.

Source: SL 1883, ch 15; SL 1887, ch 179; SL 1889, ch 47; SL 1893, ch 47; SL 1897, ch 43, § 3; election of November, 1908, for division; SDC 1939, § 12.0111.
S.D. Codified Laws § 7-19-1 — SD Code / Title 7 / Chapter 19 / Section 7-19-1
Circuit court authorization for commencement and prosecution of action
Status: in_force

The state's attorney may commence and prosecute actions in the name of and on behalf of the county as provided in this chapter.

If in the opinion of the state's attorney the commencement and prosecution of any action is necessary to protect the interests of the county in any matter or to recover any money due the county from any person, the state's attorney may present to the judge of the circuit court of the circuit in which the county is situated a summons and complaint in such matter and ask leave of the judge to commence such action. If it appears to the judge that the interests of the county presumably require the prosecution of the action, the judge shall endorse the summons. Then the state's attorney may commence and prosecute the action.

Source: SL 1897, ch 115, §§ 1 to 3; RPolC 1903, §§ 941 to 943; RC 1919, §§ 6011 to 6013; SDC 1939, § 12.1303; SL 2016, ch 44, § 52.
S.D. Codified Laws § 7-21-29 — SD Code / Title 7 / Chapter 21 / Section 7-21-29
Proration of appropriations covering more than one year
Status: in_force

In all cases where appropriations of money have heretofore or may hereafter be made for periods longer than one year, it shall be unlawful for the person or persons whose duty it is to expend such appropriation to audit, expend, or contract to pay more money in any one year than a pro rata share thereof; that is, the expenditures for one year shall never exceed the proportion which one year of time bears to the whole time unless otherwise expressly provided.

Source: SL 1890, ch 108, § 1; RPolC 1903, § 310; RC 1919, § 6959; SDC 1939, § 12.1902.
S.D. Codified Laws § 7-16-20 — SD Code / Title 7 / Chapter 16 / Section 7-16-20
Duplicate receipts issued for fines, penalties, and costs received
Status: in_force

The state's attorney, whenever any money for fines, forfeitures, recognizances, penalties, or costs is received, shall deliver to the officer or person paying the same, duplicate receipts, one receipt shall be filed by the officer or person in the office of the county treasurer.

Source: SL 1883, ch 43, § 8; CL 1887, § 435; RPolC 1903, § 933; RC 1919, § 6003; SDC 1939, § 12.1308; SL 2016, ch 44, § 32.
S.D. Codified Laws § 7-8-38 — SD Code / Title 7 / Chapter 8 / Section 7-8-38
County revenues--Economic development
Status: in_force

The board of county commissioners may, by resolution, allocate revenue a county receives for economic development within the county.

Source: SL 1992, ch 84, § 12A; SL 2021, ch 43, § 1.
S.D. Codified Laws § 7-8-15 — SD Code / Title 7 / Chapter 8 / Section 7-8-15
Chair and vice chair--Election--Vacancy--Duties
Status: in_force

At the first meeting of the board of county commissioners in each year, the board shall elect a chair and vice chair. The chair shall continue to serve as chair until a successor is elected. If there is a vacancy for the chair or vice chair from any cause, the board shall elect another chair or vice chair.

The chair or, in the chair's absence, the vice chair shall preside at the meetings of the board and sign all orders and claims approved by the board.

Source: SL 1874-5, ch 27, §§ 50, 51; PolC 1877, ch 21, §§ 19, 20; CL 1887, §§ 580, 581; RPolC 1903, §§ 818, 819; RC 1919, §§ 5869, 5870; SDC 1939, § 12.0613; SL 1975, ch 76, § 1; SL 2010, ch 34, § 1.
S.D. Codified Laws § 7-25-4 — SD Code / Title 7 / Chapter 25 / Section 7-25-4
Building bonds approved by voters--Other funds applicable without additional approval
Status: in_force

Whenever the question of bonding the county for the purpose of bonding the county for the purpose of building or renovating, improving, remodeling, altering, adding to, or repairing a courthouse, jail, memorial building, or other county buildings shall have been submitted to a vote of the voters and such bond issue shall have been carried by a vote of the voters, then in addition to the proceeds raised from the sale of such bonds the board may, whenever there remains in the treasury of such county an unexpended balance of any special fund and all claims against such fund have been fully paid, or when there remains an unexpended balance of the general fund and all claims against such fund have been fully paid, in its discretion, apply the whole or any part of such accumulated funds to the purposes specified in this section and it shall not be necessary to submit the question of such expenditure to the voters of the county.

Source: SL 1868-9, ch 4, § 27; SL 1874-5, ch 27, § 27; PolC 1877, ch 21, § 43; CL 1887, § 607; RPolC 1903, § 847; SL 1913, ch 153; RC 1919, § 5883; SL 1920 (SS), ch 42; SDC 1939, § 12.2302; SL 1959, ch 31, § 1.
S.D. Codified Laws § 7-1-55 — SD Code / Title 7 / Chapter 1 / Section 7-1-55
Roberts County boundaries
Status: in_force

Beginning at a point where the boundary line between the states of South Dakota and North Dakota intersects the boundary line between the states of South Dakota and Minnesota, thence west and along said state line between the states of South Dakota and North Dakota to the range line between ranges fifty - two and fifty - three west of the fifth principal meridian, according to the survey of the former Sisseton and Wahpeton Indian Reservation; thence south and along said range line to the township line between townships one hundred twenty - one and one hundred twenty - two north of said survey; thence east and along said township line to the easterly boundary of said former Indian reservation; thence northeasterly along the boundary line of said former Indian reservation to the township line between townships one hundred twenty - one and one hundred twenty - two north, outside of said Indian reservation; thence east on said township line to the boundary line between the states of South Dakota and Minnesota; thence northerly and along said state line to the place of beginning.

Source: SL 1883, ch 30, § 2; SL 1885 (SS), ch 22, § 1; SDC 1939, § 12.0156.
S.D. Codified Laws § 7-22-16 — SD Code / Title 7 / Chapter 22 / Section 7-22-16
Purchase of warrants by treasurer prohibited--Forfeiture of amount due
Status: in_force

No county treasurer may either directly or indirectly contract for or purchase any warrant issued by the county for which the treasurer receives any discount whatever upon the sum due on the warrant. If the treasurer contracts for or purchases any warrant, the treasurer is not allowed in settlement the amount of the warrant or any part of the warrant. The treasurer shall forfeit the whole amount due on the warrant to be recovered by civil action at the suit of the state for the use of the county.

Source: SL 1868-9, ch 25, § 103; PolC 1877, ch 28, § 99; CL 1887, § 1660; RPolC 1903, § 2237; RC 1919, § 6952; SDC 1939, § 12.0815; SL 2016, ch 44, § 63.
S.D. Codified Laws § 7-2-18 — SD Code / Title 7 / Chapter 2 / Section 7-2-18
Questions submitted to county voters on boundary adjustment to include or exclude municipality
Status: in_force

The question to be submitted at the general election in each county affected, shall be substantially in the following form:

Shall the boundaries of ________ county be changed to exclude "or include, as the case may be," that part of ________ county lying within the corporate limits of the city "or town" of South Dakota?

All other applicable provisions of this chapter shall govern.

Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1.
S.D. Codified Laws § 7-21-40 — SD Code / Title 7 / Chapter 21 / Section 7-21-40
Proceeds of certificates of indebtedness--Use to pay outstanding warrants, claims and liabilities
Status: in_force

The moneys so borrowed for each of such funds shall be deposited to the credit thereof and shall be used for the purpose of paying and redeeming the outstanding warrants drawn against such funds, and the claims and liabilities created, during such fiscal year, together with the interest thereon, and it shall be the duty of the treasurer immediately upon receiving the money so borrowed to deposit the same to the credit of the proper funds and to call in for payment such warrants, claims, and liabilities or so much thereof as such money will pay.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-25A-44 — SD Code / Title 7 / Chapter 25A / Section 7-25A-44
Factors for consideration by commission
Status: in_force

The county commission after conducting a hearing pursuant to this chapter, shall consider the following:

(1) Whether all statements contained within the petition have been found to be true and correct;

(2) Whether all the debts will be paid or assumed prior to termination;

(3) Whether fifty percent of the owners have consented to the termination or contraction;

(4) Whether, in the sound discretion of the county commissioners, there is good cause for termination or contraction of the district;

(5) Whether, in a proposed expansion, the expansion of the district is consistent with any applicable comprehensive plan or effective local government plan;

(6) Whether, in a proposed expansion, the affected area is sufficiently contiguous to the existing district to be developable with the existing district as one functional interrelated community; and

(7) Whether, in a proposed expansion, the probable beneficial impact of the expansion of the district outweighs any probable adverse socioeconomic impact of the proposed expansion of the district.

Source: SL 1989, ch 59, § 44; SL 1990, ch 52, § 9.
S.D. Codified Laws § 7-1-48 — SD Code / Title 7 / Chapter 1 / Section 7-1-48
Mellette County boundaries
Status: in_force

Beginning at a point on the third guide meridian west of the sixth principal meridian, where the township line between townships thirty-nine and forty north crosses the same, thence north along the guide meridian to the center of the main channel of White River; thence west and along the center of the main channel of White River to the east boundary line of the Pine Ridge Indian Reservation; thence south and along the boundary line of the Indian reservation to the point where it intersects the line between townships thirty-nine and forty north; thence east and along the township line to the place of beginning.

Source: SL 1909, ch 280; SL 1911, ch 108, § 2; SDC 1939, § 12.0149; SL 2017, ch 53, § 1.
S.D. Codified Laws § 7-8-20.1 — SD Code / Title 7 / Chapter 8 / Section 7-8-20.1
Rewards for aid in arrest and conviction of felons
Status: in_force

The county commissioners of any county in this state may offer a standing reward of not more than five thousand dollars for evidence leading to the arrest and conviction of any person or persons guilty of any felony under the laws of this state. They may also in their discretion offer special rewards in reasonable amounts for the purpose of securing the arrest and conviction of any person or persons charged with a felony in any particular case.

Source: SL 1905, ch 134; SL 1911, ch 192; RC 1919, § 5903; SL 1919, ch 147; SL 1921, ch 165; SDC 1939, § 12.1910; SDCL, § 23-13-15 ; SL 1978, ch 164, § 2.
S.D. Codified Laws § 7-33-5 — SD Code / Title 7 / Chapter 33 / Section 7-33-5
Acceptance of grants and gifts
Status: in_force

The board of county commissioners shall be authorized to accept, receive, and administer grants or other funds or gifts from private and public agencies, including the federal government, for the development and operation of a solid wastes management system.

Source: SL 1971, ch 50.
S.D. Codified Laws § 7-5-2 — SD Code / Title 7 / Chapter 5 / Section 7-5-2
Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness
Status: in_force

If a majority of the votes cast at such election shall be in favor of abolishing such county organization, the county auditor shall within ten days after the canvass of said vote, certify under the seal of his office to the Governor, the result of the canvass of the votes cast at such election, and setting forth in such certificate a detailed description of all of the outstanding and unpaid bond and warrant indebtedness of such county, the amount of any and all unpaid claims of every nature and description, and a schedule and legal description of all lands and real estate which have been sold for nonpayment of taxes and to which the county then holds a certificate of tax sale, and a schedule of all lands and legal description thereof acquired in any manner and then owned by the county.

Source: SL 1943, ch 45, § 2; SDC Supp 1960, § 12.3302.
S.D. Codified Laws § 7-2-8 — SD Code / Title 7 / Chapter 2 / Section 7-2-8
Commissioner election in consolidated county--First election after consolidation
Status: in_force

The board of county commissioners of each of the counties comprising the newly consolidated county shall, after the proclamation of consolidation by the Governor, meet in joint session at the county seat of the county that had the largest population before consolidation on the first Monday in July following the proclamation. The commissioners shall divide the new county into three to seven commissioner districts, numbering them consecutively, complying as nearly as possible with the provisions of the law regulating the districting of counties into commissioner districts, or provide that the commissioners are elected at large, if so designated in the study committee's county consolidation plan. The commissioners shall set the length of the initial term for each of the new commissioner districts to be either two or four years, so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled. The commissioner districts established pursuant to this section must remain the same unless changed pursuant to § 7-8-3 or 7-8-10 .

Source: SL 1893, ch 45, §§ 14, 15; RPolC 1903, §§ 788, 789; SL 1915, ch 134; RC 1919, §§ 5767, 5768, 5786; SDC 1939, §§ 12.0310, 12.0311; SL 2024, ch 26, § 11.
S.D. Codified Laws § 7-20-10 — SD Code / Title 7 / Chapter 20 / Section 7-20-10
Maximum deposit in one bank
Status: in_force

No bank at any time shall have on deposit county funds of any one county in excess of one hundred percent of the capital and surplus of such bank.

Source: SL 1897, ch 104, § 3; RPolC 1903, § 351; 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.
S.D. Codified Laws § 7-7-10.1 — SD Code / Title 7 / Chapter 7 / Section 7-7-10.1
Salary for combination of two or more elected positions
Status: in_force

Salary for combination of two or more elected positions. The board of county commissioners shall establish, by resolution, the salary payable for the combination of two or more of the following county elected positions. The salary payable may not be less than the minimum salary provided by this section as based upon the most recent decennial federal census of population for counties.

For the combination of two of the following: county treasurer, county auditor, or county register of deeds, the minimum salary for counties shall be:

County Population

Salary Schedule

Below 10,000

$35,551

10,000 - 14,999

$37,529

15,000 - 24,999

$39,505

25,000 - 69,999

$43,452

70,000 and over

$47,401

For the combination of all three of the following: county treasurer, county auditor, and county register of deeds, the minimum salary for counties shall be:

County Population

Salary Schedule

Below 10,000

$38,187

10,000 - 14,999

$40,160

15,000 - 24,999

$42,135

25,000 - 69,999

$46,086

70,000 and over

$51,353

Source: SL 2001, ch 37, § 5; SL 2007, ch 37, § 3, eff. Jan. 1, 2008; SL 2007, ch 37, § 4, eff. Jan. 1, 2009; SL 2013, ch 31, § 3, eff. Jan. 1, 2014; SL 2013, ch 31, § 4, eff. Jan. 1, 2015.
S.D. Codified Laws § 7-22-7 — SD Code / Title 7 / Chapter 22 / Section 7-22-7
Endorsement of warrant for payment by county depository
Status: in_force

Every warrant for the payment of money issued by any county, which is not registered because of lack of funds with which to pay such warrant, shall be countersigned by the county treasurer, who shall also endorse on such warrant an order to the depository, by which such warrant is to be paid, to pay such warrant to the order of the payee and charge the same to the account of such treasurer. Such warrant so countersigned and endorsed shall have the same force and effect as a check drawn by said treasurer upon such depository. No such warrant shall be paid by the depository unless so countersigned and endorsed by such treasurer, and no warrant shall be countersigned by the treasurer so long as there are any registered warrants outstanding.

Source: SL 1953, ch 500; SDC Supp 1960, § 45.1438.
S.D. Codified Laws § 7-24-18 — SD Code / Title 7 / Chapter 24 / Section 7-24-18
Tax levy to pay county bonds--Proceeds placed in debt service fund
Status: in_force

When a county issues bonds, at or before the time of doing so, the governing body thereof shall levy a continuing annual tax sufficient to pay the interest and the principal thereof when due. All taxes so levied, when collected, shall be placed in a debt service fund. No part of the fund may be used for any other purpose than to pay the interest and principal of the bonds for which they were levied and collected. The levy authorized by this section is in addition to the levy authorized in § 10-12-21 .

Source: SD Const, art 13, § 5; RC 1919, § 6998; SDC 1939, § 12.2110; SL 1985, ch 77.
S.D. Codified Laws § 7-25A-14 — SD Code / Title 7 / Chapter 25A / Section 7-25A-14
Board members known as supervisors--Oath and term of office--Vacancies
Status: in_force

Members of the board shall be known as supervisors and, upon entering into office, shall take and subscribe to the oath of office as prescribed by law. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.

Source: SL 1989, ch 59, § 14.
S.D. Codified Laws § 7-25A-29 — SD Code / Title 7 / Chapter 25A / Section 7-25A-29
Default not to constitute debt or obligation of local government or state
Status: in_force

A default on the bonds or obligations of a district does not constitute a debt or obligation of a local government or the state.

Source: SL 1989, ch 59, § 29.
S.D. Codified Laws § 7-7-26 — SD Code / Title 7 / Chapter 7 / Section 7-7-26
Prior authorization required for reimbursement of expenses for attending meetings--Vouchers for payment
Status: in_force

No charge for expenses in attending any such meetings shall be a charge against the county unless authorized and approved by the county commissioners prior to convening of any such meeting. Upon the actual attendance at such meetings, conferences, or conventions, all county officers as designated in § 7-7-25 shall be paid their actual necessary expenses on duly executed vouchers submitted to the board.

Source: SL 1931, ch 119; 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.
S.D. Codified Laws § 7-22-2 — SD Code / Title 7 / Chapter 22 / Section 7-22-2
Warrant required for payment of claim against county
Status: in_force

No claim against the county shall be paid otherwise than upon the allowance of the county commissioners upon the warrant of the county auditor, except one authorized to be allowed by some other person or tribunal, in which case the claim shall be paid upon the warrant of the county auditor upon the proper certificate of the person or tribunal allowing the same.

Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906; SL 1975, ch 76, § 10.
S.D. Codified Laws § 7-11-16 — SD Code / Title 7 / Chapter 11 / Section 7-11-16
Failure to collect or account for fees as theft
Status: in_force

Any county treasurer who shall neglect or omit to charge or collect the fees allowed for services rendered or shall fail or neglect to keep a record of the same or to make a correct statement thereof to the county auditor, with the intent to evade the provisions of this chapter shall be guilty of theft.

Source: SL 1890, ch 134, § 4; RPolC 1903, § 882; RC 1919, § 5939; SDC 1939, § 12.9909; SL 1981, ch 43, § 4.
S.D. Codified Laws § 7-1-5 — SD Code / Title 7 / Chapter 1 / Section 7-1-5
Bon Homme County boundaries
Status: in_force

Beginning at the northeast corner of township ninety - six north of range fifty - eight, west of the fifth principal meridian, thence west and along the township line between townships ninety - six and ninety - seven north, to the intersection of said township line with the eastern boundary of the former Yankton-Sioux Indian Reservation, thence south and along the eastern boundary line of said former reservation and the center of the main channel of Choteau Creek to the boundary of line between the states of South Dakota and Nebraska; thence easterly and along the said state line to the range line between ranges fifty - seven and fifty - eight west, as extended; thence north and along said range line to the place of beginning.

Source: SL 1862, ch 12, § 1; SL 1870-1, ch 10, § 4; SDC 1939, § 12.0106.
S.D. Codified Laws § 7-25-14 — SD Code / Title 7 / Chapter 25 / Section 7-25-14
Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports
Status: in_force

The board may appoint a competent superintendent, who may be the architect furnishing the plans and specifications for such building or buildings and such superintendent shall report to the board every thirty days as to the progress and character of the work done by the contractor, and upon the reports of the superintendent payments to the extent of the percent specified in § 7-25-10 or the percent embodied in the contract shall be made to the contractor from time to time during the process of construction, divided into such installments as the board and the contractor may agree upon at the time of entering into the contract, and which shall be included in and be a part of the terms of the contract. None of such payments, however, shall be held to constitute an acceptance in whole or in part, by the board prior to the making of the final payment and acceptance in full completion of the contract.

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.
S.D. Codified Laws § 7-3-21 — SD Code / Title 7 / Chapter 3 / Section 7-3-21
County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed
Status: in_force

It shall be the duty of the board of county commissioners of such newly organized county, as soon as the work of transcribing the records of the original county shall have been completed, to file a certificate to that effect with the auditor of such newly organized county and, until such certificate shall have been filed, any and all instruments or matters of record filed or recorded in the original county pertaining to property rights or interests in such newly organized county shall be deemed constructive notice to all purchasers or encumbrancers the same as though such instruments or matters of record had already been transcribed.

Source: SL 1915, ch 132, § 4; RC 1919, § 5784; SDC 1939, § 12.0413.
S.D. Codified Laws § 7-25A-35 — SD Code / Title 7 / Chapter 25A / Section 7-25A-35
Board to require use of water management and control and water and sewer facilities within district
Status: in_force

To the full extent permitted by law, the district shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district.

Source: SL 1989, ch 59, § 35.
S.D. Codified Laws § 7-1-68 — SD Code / Title 7 / Chapter 1 / Section 7-1-68
Ziebach County boundaries
Status: in_force

Beginning at the northeast corner of township seventeen north of range twenty - one, east of the Black Hills meridian, thence west and along the township line between townships seventeen and eighteen north, to the one hundred second meridian of west longitude; thence south and along said meridian to the center of the main channel of the Cheyenne River; thence easterly and along the center of the main channel of said Cheyenne River to its intersection with the sixth guide meridian, east, being the range line between ranges twenty - four and twenty - five, east Black Hills meridian; thence north and along said guide meridian to its intersection with the forty - fifth parallel of north latitude; thence west and along said parallel to its intersection with the range line between ranges twenty - one and twenty - two, east; thence north and along said range line to the place of beginning.

Source: SL 1911, ch 107, § 1; SDC 1939, § 12.0170.
S.D. Codified Laws § 7-1-19 — SD Code / Title 7 / Chapter 1 / Section 7-1-19
Day County boundaries
Status: in_force

Beginning at a point where the township line between townships one hundred nineteen and one hundred twenty north intersects the range line between ranges fifty - two and fifty - three west, according to the survey of the former Sisseton and Wahpeton Indian Reservation, thence north and along said range line to the northeast corner of township one hundred twenty - four north of range fifty - three west, according to said survey; thence west and northwesterly along the township line between townships one hundred twenty - four and one hundred twenty - five north, across said former reservation in the same course, to the northwest corner of township one hundred twenty - four north of range fifty - nine west of the fifth principal meridian; thence south and along the eighth guide meridian west to the southwest corner of township one hundred twenty north of range fifty - nine west; thence east and along the township line between townships one hundred nineteen and one hundred twenty north, to the place of beginning.

Source: SL 1879, ch 12; SL 1883, ch 30; SL 1885 (SS), ch 12, § 2; SL 1889, ch 55, § 2; SL 1891, ch 42; SDC 1939, § 12.0120.
S.D. Codified Laws § 7-8-14 — SD Code / Title 7 / Chapter 8 / Section 7-8-14
Meetings--County commission--Special sessions
Status: in_force

The board of county commissioners shall meet and hold sessions, as open meetings in accordance with chapter 1-25 , for the transaction of business at the courthouse or at any other suitable location in the county on at least a quarterly basis in January, April, July, and October of each year. The board may hold as many regular meetings throughout the year as necessary to transact business. The county auditor or the chair of the board of county commissioners may call special sessions if the interests of the county demand it by giving notice of the special session to each county commissioner and the public in accordance with § 1-25 -1.1.

Source: SDC 1939, § 12.0611; SL 1963, ch 36; SL 1998, ch 40, § 1; SL 2019, ch 49, § 1; SL 2021, ch 36, § 1.
S.D. Codified Laws § 7-8-5 — SD Code / Title 7 / Chapter 8 / Section 7-8-5
Form of ballot on decrease in number of commissioners
Status: in_force

If it is for reduction, the proposition shall be submitted by separate ballot in the following form:

Ballot on Decrease in Number of County Commissioners and Commissioners' Districts

(Place x or  in square at left of your choice).

G For three commissioners.

G Against three commissioners.

Source: SL 1937, ch 88, § 1; SDC 1939, § 12.0603.
S.D. Codified Laws § 7-25A-45 — SD Code / Title 7 / Chapter 25A / Section 7-25A-45
Order for termination or contraction--Requirements
Status: in_force

Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-44 have been satisfied, the commission may enter an order granting the expansion, termination, or contraction of the district and setting forth its findings and conclusions.

Source: SL 1989, ch 59, § 45; SL 1990, ch 52, § 10.
S.D. Codified Laws § 7-6-7 — SD Code / Title 7 / Chapter 6 / Section 7-6-7
Moving to new county seat--Time permitted
Status: in_force

If the question to relocate the county seat is approved by the voters as specified in § 7-6-5 , the county officers whose offices are required by law to be kept at the county seat shall remove their respective offices, files, records, office fixtures, furniture, and all other property pertaining to their offices to the county seat designated by the voters within one year after the date of an election held under this chapter or the end of any recount, certiorari proceeding, or election contest, whichever is latest.

Source: SL 1890, ch 64, § 3; RPolC 1903, § 793; RC 1919, § 5789; SDC 1939, § 12.0503; SL 2023, ch 21, § 2.
S.D. Codified Laws § 7-9-17 — SD Code / Title 7 / Chapter 9 / Section 7-9-17
Deposit of fees and other collections received--Charging on account--Record of accounts receivable
Status: in_force

Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the general fund. At the discretion of the register of deeds, fees and other transactions may be charged on account but shall be collected by the end of the following month. The register of deeds shall maintain a detailed record of any accounts receivable.

Source: SDC 1939, § 12.0713; SL 1971, ch 44, § 3; SL 1972, ch 42, § 1; SL 1984, ch 194, § 2B; SL 1999, ch 32, § 2.
S.D. Codified Laws § 7-9-7.3 — SD Code / Title 7 / Chapter 9 / Section 7-9-7.3
State exempt from filing certificate of value
Status: in_force

In lieu of filing the certificate of value required by § 7-9-7 when filing deeds or easements conveying highway right - of - way, the State of South Dakota shall file with the director of equalization a statement of the purchase price paid and the date the state received possession of the right - of - way. The state shall also file with the director of equalization a copy of the plat of the right - of - way being conveyed. The State of South Dakota is exempt from the requirement of § 7-9-7 to file a certificate of value with the register of deeds when filing a deed or easement conveying highway right - of - way.

Source: SL 1991, ch 61, § 4.
S.D. Codified Laws § 7-9-8 — SD Code / Title 7 / Chapter 9 / Section 7-9-8
Numerical indexes of instruments affecting real property--Form
Status: in_force

The register of deeds shall keep one numerical index of the deeds, contracts, and other instruments, not liens merely, and another such index of the mortgages and other liens, of record in his office affecting or relating to the title to real property, which indexes shall be substantially or as near as may be in the following form:

Form of Numerical Index to Municipal Property.

__________

BLOCK NO. I, IN . . . . . . . . . . .

No. Of Lot

Vol.

Page

Vol.

Page

Vol.

Page

Vol.

Page

Vol.

Page

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

Form of Section System of Numerical Index to Real Estate.

__________

TOWNSHIP NO.. . . . . . . . . . RANGE NO.. . . . . . . . . . SECTION NO.. . . . . . . . . .

No. Of Sections

Quarter Sec.

Part Qr. Sec.

Vol.

Page

Vol.

Page

Vol.

Page

1

NE 

ne quarter

nw quarter

sw quarter

se quarter

NW 

ne quarter

nw quarter

sw quarter

se quarter

SW 

ne quarter

nw quarter

sw quarter

se quarter

SE 

ne quarter

nw quarter

sw quarter

se quarter

Source: SL 1874-5, ch 70; PolC 1877, ch 21, §§ 58, 59; SL 1887, ch 134; CL 1887, §§ 626, 627; RPolC 1903, §§ 868, 869; RC 1919, §§ 5912, 5913; SDC 1939, § 12.0703.
S.D. Codified Laws § 7-9-8.1 — SD Code / Title 7 / Chapter 9 / Section 7-9-8.1
Endorsement of date, time, and identifying number--Entry in indexes
Status: in_force

Each register of deeds shall plainly endorse each instrument received for record, upon receipt, the date and time of reception of the instrument, and an identifying number. The identifying number may be a unique instrument number or book and page number, or both, that clearly identifies the specific instrument. The register of deeds shall enter the identifying number as part of the entry relating to the instrument in the appropriate indexes maintained by the register of deeds. The document shall indicate whether the instrument was received by electronic transmission and the number of pages recorded or filed with that instrument.

Source: SDCL § 7-9-8 as added by SL 1971, ch 46; SL 2014, ch 47, § 14.
S.D. Codified Laws § 7-14-4 — SD Code / Title 7 / Chapter 14 / Section 7-14-4
Offer of body to medical school--Burial if not requisitioned by school
Status: in_force

If sufficient property is not found on the body, the coroner shall forthwith give notice to the dean of the department of medicine of the University of South Dakota, specifying in such notice the probable cause of death; and upon the requisition of the dean of such department, he shall forward such body to the university at its expense, within twenty - four hours of the receipt of such requisition. If no such requisition be received within the time stated, it shall be the duty of the coroner to cause the body to be properly buried, and the expense thereof shall be paid by the county from the general fund.

Source: SL 1874-5, ch 27, § 103; PolC 1877, ch 21, § 81; CL 1887, § 676; RPolC 1903, § 911; SL 1909, ch 278; RC 1919, § 5969; SDC 1939, § 12.1102.
S.D. Codified Laws § 7-31-3 — SD Code / Title 7 / Chapter 31 / Section 7-31-3
Classification of county-owned land--Procedures for management--Reclassification of land--Classification of newly acquired land
Status: in_force

In order to carry out the purposes described in § 7-31-1 the board of county commissioners may classify county - owned land into two classes which shall be called class one land and class two land. Such classification shall be based on the method of sale and leasing which will be followed in managing county - owned land. Procedure for sale, lease, transfer, and management may be varied between the two classes as provided herein. The classification shall list the various tracts of county - owned land that are designated class one land and the tracts that are designated as class two land and the general plan of leasing and management that is to be followed including the general type of leases and the standards and criteria that are to be followed in leasing class two land. The classification becomes effective by resolution of the board of county commissioners duly made and entered of record and thereafter the board may proceed in administration and management of the two classes of land as provided herein. The classification of any tract may be changed in the same manner that the original classification was made provided that tracts classified as class two land may not be reclassified as class one land, except at the termination of every five - year period from the date of original classification or at the termination of the lease on said tracts. Until such time as the board of county commissioners by resolution classifies the county - owned land all such land shall be considered class one land and shall be administered and managed as provided herein for class one land. Tracts acquired by the county after the above classification is made may be classified at any time by the board of county commissioners in the same manner, provided that until such classification is made, such tracts shall be considered as class one land.

Source: SL 1939, ch 25, § 3; SDC Supp 1960, § 12.3403.
S.D. Codified Laws § 7-18-21 — SD Code / Title 7 / Chapter 18 / Section 7-18-21
Temporary campgrounds--Permit required
Status: in_force

The provisions of chapter 34-18 notwithstanding, a county may require that the owners or operators of temporary campgrounds secure a permit from the county before operating as a temporary campground within the county. For the purposes of this section, a temporary campground is any campground which operates at a fixed location for a temporary period of time in connection with a fair, carnival, public exhibition, or similar gathering. The owner or operator of a temporary campground shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a temporary campground permit.

Source: SL 1991, ch 62, § 1.
S.D. Codified Laws § 7-31-12 — SD Code / Title 7 / Chapter 31 / Section 7-31-12
Apportionment of rental proceeds from tax-deed lands
Status: in_force

The rental proceeds in any one year from the real estate acquired by counties under tax deed shall, after deducting the expenses of taking such tax deed and after deducting an amount agreed upon by the board of county commissioners necessary for general administrative expenses of tax - deed land, be apportioned by the county officials controlling such proceeds in the same manner as taxes on real estate due and payable during the same year are apportioned.

Source: SL 1939, ch 25, § 8; SL 1945, ch 35; SDC Supp 1960, § 12.3411 (1).
S.D. Codified Laws § 7-7-12 — SD Code / Title 7 / Chapter 7 / Section 7-7-12
Salary for state's attorney--Contract for services--Prohibitions
Status: in_force

The board of county commissioners shall establish, by resolution, the salary payable to the state's attorney. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

County Population

Salary Schedule

Below 5,000

$34,554

5,000 - 9,999

$37,673

10,000 - 20,000

$44,492

20,000 - 49,999

$47,728

In counties of over fifty thousand population where a full-time state's attorney is required or in counties where the commissioners designate the position full-time the sum of seventy-one thousand five hundred thirty-four dollars per year. In counties of less than fifty thousand population the commissioners may designate the position full-time. The decision by the commissioners shall be adopted prior to the first day of January in the year of the election and may only be amended for that term of office with the consent of both the state's attorney and the commissioners. If no state's attorney is elected to the office at any general election, the board of county commissioners may contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners. The board of county commissioners may not decrease the salary of the state's attorney during consecutive terms of office of the state's attorney.

Source: SDC 1939, § 12.1707; SL 1941, ch 32, § 2; SL 1943, ch 29, § 2; SL 1947, ch 39, § 3; SL 1953, ch 22, § 3; SL 1957, ch 23, § 2; SL 1961, ch 34; SL 1963, ch 45; SL 1964, ch 27; SL 1965, ch 27, § 2; SL 1966, ch 26, § 1; SL 1968, ch 17, § 1; SL 1970, ch 45; SL 1972, ch 39, § 1; SL 1974, ch 60; SL 1975, ch 73; SL 1977, ch 59, § 2; SL 1978, ch 53, § 4; SL 1979, ch 40, § 1; SL 1980, ch 53, § 2; SL 1981, ch 49, § 1; SL 1982, ch 61, § 2; SL 1982, ch 62, § 1; SL 1983, ch 39, § 2; SL 1984, ch 44, § 2; SL 1985, ch 46, § 2; SL 1986, ch 63, § 2; SL 1988, ch 67, § 1; SL 1991, ch 57, § 3; SL 2002, ch 41, §§ 1, 3; SL 2007, ch 37, § 5, eff. Jan. 1, 2008; SL 2007, ch 37, § 6, eff. Jan. 1, 2009; SL 2013, ch 31, § 5, eff. Jan. 1, 2014; SL 2013, ch 31, § 6, eff. Jan. 1, 2015; SL 2020, ch 24, § 1.
S.D. Codified Laws § 7-31-43 — SD Code / Title 7 / Chapter 31 / Section 7-31-43
Power of county commissioners to withhold land from oil and gas leasing
Status: in_force

Nothing contained in §§ 7-31-38 to 7-31-42 , inclusive, shall be construed as requiring the board of county commissioners of any county to lease any tract or tracts of land, nor to offer to lease the same, and said board of county commissioners shall have power to withhold any tract or tracts from leasing for oil or gas purposes, if in the opinion of said board the best interests of the county shall be served by so doing.

Source: SL 1939, ch 165, § 3; SDC Supp 1960, § 42.0803.
S.D. Codified Laws § 7-11-4.1 — SD Code / Title 7 / Chapter 11 / Section 7-11-4.1
Immunity from personal liability for bad checks--Conditions
Status: in_force

No county treasurer may be held personally liable for insufficient or no account checks issued to the treasurer for the licensure of snowmobiles, motor vehicles, trailers, motorcycles, or manufactured homes, if the county treasurer has exercised due diligence and has taken the following steps:

(1) Required positive identification of the person presenting the check; and

(2) Within a thirty-day period of receiving notice that the check has been dishonored, instituted a collection process on the check.

Source: SL 1976, ch 70; SL 1992, ch 80, § 1; SL 2016, ch 44, § 14.
S.D. Codified Laws § 7-16-3 — SD Code / Title 7 / Chapter 16 / Section 7-16-3
Appointment, qualifications, and powers of deputy attorneys
Status: in_force

The state's attorney may appoint one deputy or limited deputy who shall be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys, and if authorized by the board of county commissioners by resolution duly entered upon its minutes, the state's attorney may appoint one or more additional deputies or limited deputies, each of whom shall likewise be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys. During such deputyship the person so appointed shall be vested with all the powers of the state's attorney, subject to the control of the state's attorney. A limited deputy shall be vested with only those powers specifically delegated by the state's attorney in writing at the time of his appointment, shall serve at the pleasure of the state's attorney and be under his supervision and control.

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; SL 1985, ch 50, § 1.
S.D. Codified Laws § 7-2-10 — SD Code / Title 7 / Chapter 2 / Section 7-2-10
First election of county officers after consolidation
Status: in_force

At the next general election after the proclamation by the Governor, the voters of the consolidated county shall elect one set of county officers for the new county.

Source: SL 1893, ch 45, § 13; RPolC 1903, § 787; RC 1919, § 5766; SDC 1939, § 12.0309; SL 2024, ch 26, § 13.
S.D. Codified Laws § 7-1-11 — SD Code / Title 7 / Chapter 1 / Section 7-1-11
Campbell County boundaries
Status: in_force

Beginning on the boundary line between the states of South Dakota and North Dakota where the tenth guide meridian west of the fifth principal meridian intersects the same, thence west and along said state line to the center of the main channel of the Missouri River; thence southerly and along the center of the main channel of said river to the sixth standard parallel north; thence east and along said sixth standard parallel to its intersection with the said tenth guide meridian; thence north and along said tenth guide meridian to the place of beginning.

Source: SL 1872-3, ch 16, § 36; SL 1879, ch 11; SDC 1939, § 12.0112.
S.D. Codified Laws § 7-2-13 — SD Code / Title 7 / Chapter 2 / Section 7-2-13
Revision of commissioner districts after change of county boundaries
Status: in_force

If the area of any county in this state has been altered by the changing of the boundaries and the county's commissioners do not run at large, the board of county commissioners, at the first regular meeting thereafter, shall establish commissioner districts in the county. The board shall fix boundaries of each district in the manner provided by law for establishing commissioner districts and changing the boundaries of each district insofar as the same is applicable. The commissioner districts established and the boundaries fixed shall remain as established and fixed until changed as provided by law.

Source: SL 1915, ch 134; RC 1919, § 5786; SDC 1939, § 12.0310; SL 2016, ch 44, § 1.
S.D. Codified Laws § 7-9-25 — SD Code / Title 7 / Chapter 9 / Section 7-9-25
County register of deeds modernization and preservation relief fund
Status: in_force

There is hereby established a county register of deeds modernization and preservation relief fund to be administered by the county register of deeds. The fund shall be used for modernization of information systems and preservation of property and records. The register of deeds may purchase or enter into agreements for software, training, equipment, maintenance, supplies, and contract services. The fund may not be used for salaries. Any money deposited in the county register of deeds modernization and preservation relief fund may not be reverted or transferred to the county general fund or any other county fund.

Source: SL 2012, ch 51, § 8.
S.D. Codified Laws § 7-5-1 — SD Code / Title 7 / Chapter 5 / Section 7-5-1
Petition and election on abolishment of county organization--Form of ballot
Status: in_force

Whenever 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 the county auditor a petition requesting that the organization of such county be dissolved and that it thereafter be and become an unorganized county, the county auditor shall at the next regular election, submit to the legal voters of said county on a separate printed ballot the following question:

Shall the county organization of ________ county be abolished?

[] Yes

[] No

All voters in favor of abolishing such county organization shall place either a cross (x) or check mark (  ) in the square before the word Yes on the ballot. All voters who do not favor the abolishment of such county organization shall place either a cross (x) or check mark (  ) in the square before the word No on the ballot.

Source: SL 1943, ch 45, § 1; SDC Supp 1960, § 12.3301; SL 1987, ch 67, § 7.
S.D. Codified Laws § 7-3-20 — SD Code / Title 7 / Chapter 3 / Section 7-3-20
Affidavit as to transcription of all records
Status: in_force

Each person to whom such transcribing work shall be let or who shall have in charge the transcribing of the records of any particular office, shall make an affidavit which shall state that the instruments transcribed by such person, included within certain books and pages to be designated, are all the instruments or matters of record in that particular office in the original county affecting any or all property rights or interests in the newly organized county, except such as were omitted by the written order of the board of county commissioners of such newly organized county.

Source: SL 1915, ch 132, § 2; RC 1919, § 5782; SDC 1939, § 12.0411.
S.D. Codified Laws § 7-12-4 — SD Code / Title 7 / Chapter 12 / Section 7-12-4
Compliance with attorney general's orders--Enforcement of laws
Status: in_force

The sheriff shall comply with all orders of the attorney general and at all times, whether on duty under the call of the attorney general or not. The sheriff shall faithfully execute and enforce all the laws of this state and especially all laws relating to alcoholic beverages.

Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 23.
S.D. Codified Laws § 7-31-44 — SD Code / Title 7 / Chapter 31 / Section 7-31-44
Sale or other disposition of oil and gas rights
Status: in_force

The said board of county commissioners is likewise hereby authorized to sell, assign, or otherwise dispose of any leases to, or interests in, any of said oil or gas rights mentioned in §§ 7-31-38 to 7-31-43 , inclusive, or any fraction or part thereof belonging to said county, and such sales are hereby authorized to be made accordingly, whether private or by public auction, or either or both.

Source: SL 1939, ch 165, § 6; SDC Supp 1960, § 42.0806.
S.D. Codified Laws § 7-1-31 — SD Code / Title 7 / Chapter 1 / Section 7-1-31
Hanson County boundaries
Status: in_force

Beginning at the southeast corner of township one hundred one north of range fifty - seven west of the fifth principal meridian, thence north and along the said range line to the northeast corner of township one hundred four north of range fifty - seven, west; thence west and along the said township line to the northwest corner of township one hundred four north of range fifty - nine, west; thence south on said range line to the southwest corner of township one hundred one north of range fifty - nine, west; thence east along said township line to the place of beginning.

Source: SL 1870-1, ch 10; SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 42, § 1; SDC 1939, § 12.0132.
S.D. Codified Laws § 7-30-11 — SD Code / Title 7 / Chapter 30 / Section 7-30-11
Separation of subdivisions and reoffer if satisfactory bid not received
Status: in_force

When a tract is offered for lease and no satisfactory bid is received therefor, the legal subdivisions thereof, if any, may be separately offered; or such tract may be offered in connection with contiguous tracts which have been offered and for which no acceptable bid has been received.

Source: SL 1937, ch 86, § 6; SDC 1939, § 12.2216.
S.D. Codified Laws § 7-16A-4 — SD Code / Title 7 / Chapter 16A / Section 7-16A-4
Advisory committee to be established--Composition--Chairman
Status: in_force

A public defender advisory committee shall be established whenever an office of public defender is established. A committee shall consist of the following members:

(1) One person not admitted to the practice of law, not an employee of the county, and not a law enforcement officer, who shall be appointed by the county commissioners of the originating county;

(2) Two members of the board of county commissioners of the county, or if two or more counties are participating, one commissioner from each county, who shall be appointed by the chairman of the board of county commissioners of each county;

(3) Two attorneys practicing in the county or one attorney, if available, from each county, if two or more counties are participating in the plan, who shall be appointed by the presiding judge of the county's circuit court.

The committee shall elect one of its members as chairman.

Source: SL 1978, ch 152, § 2; SL 1983, ch 45, § 1.
S.D. Codified Laws § 7-31-8 — SD Code / Title 7 / Chapter 31 / Section 7-31-8
Removal of improvements on termination of lease--County property if not removed
Status: in_force

When improvements have been constructed in accordance with a permit, as provided in § 7-31-7 , and the owner of the improvements ceases to lease such lands, he may remove such improvements as are physically capable of removal within ninety days of the termination of his lease. If such improvements are not removed within the said ninety days, or sold within said period to a lessee or purchaser of the lands, they shall become the property of the county.

Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
S.D. Codified Laws § 7-16-16 — SD Code / Title 7 / Chapter 16 / Section 7-16-16
Reimbursement of traveling expenses incurred on official business--Mileage allowances
Status: in_force

The state's attorney and the state's attorney's deputies and special agents are entitled to receive from the county the necessary traveling and hotel expenses while traveling for the purpose of making investigations and attending to the duties of office either within or without the state. The county treasurer shall pay the expenses upon the presentation of itemized vouchers approved by the state's attorney. If the state's attorney, the deputy, or special agent used a personal motor vehicle, the person is entitled to receive not more than the state rate for each mile necessarily traveled.

Source: SL 1921, ch 398; SL 1927, ch 194; SL 1933, ch 70; SDC 1939, § 12.1305; SL 1941, ch 31; SL 1968, ch 14; SL 1978, ch 52, § 2; SL 2016, ch 44, § 28.
S.D. Codified Laws § 7-8-28 — SD Code / Title 7 / Chapter 8 / Section 7-8-28
State's attorney's appeal from action of county commissioners
Status: in_force

Upon written demand of at least fifteen taxpayers of the county, the state's attorney shall take an appeal from any action of such board if such action relates to the interests or affairs of the county at large or any portion thereof, in the name of the county, if he deems it to the interest of the county so to do; and in such case no bond need be required or given and upon serving the notice provided for in § 7-8-29 , the county auditor shall proceed the same as if a bond had been filed and his fees for making the transcript shall be paid as other claims by the county.

Source: SL 1874-5, ch 27, § 30; PolC 1877, ch 21, § 46; SL 1883, ch 5, § 1; CL 1887, § 610; RPolC 1903, § 850; RC 1919, § 5886; SDC 1939, § 12.0618; SL 1984, ch 46.
S.D. Codified Laws § 7-25A-37 — SD Code / Title 7 / Chapter 25A / Section 7-25A-37
Final adoption of schedule--Filing requirements--Scope of coverage
Status: in_force

After the hearing, the schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of the rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.

Source: SL 1989, ch 59, § 37.
S.D. Codified Laws § 7-33-9 — SD Code / Title 7 / Chapter 33 / Section 7-33-9
Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds
Status: in_force

If revenue bonds are issued pursuant to § 7-33-7 , the board of county commissioners is obligated, until all the bonds and interest thereon are fully paid, to:

(1) Fix such rates and charges and to revise them from time to time in such manner that the collections thereof will be adequate to pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds; and

(2) Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds and to accumulate and maintain reserves for the further security of the bonds in such amounts as may be agreed in the resolutions authorizing the bonds.

Source: SL 2009, ch 31, § 3.
S.D. Codified Laws § 7-25A-46 — SD Code / Title 7 / Chapter 25A / Section 7-25A-46
Filing of order
Status: in_force

A certified copy of the order granting the petition for the expansion, termination, or contraction of a district shall be filed with the auditor and register of deeds of each county in which the district was located or will be located as a result of an expansion.

Source: SL 1989, ch 59, § 46; SL 1990, ch 52, § 11; SL 1991, ch 64, § 4.
S.D. Codified Laws § 7-1-16 — SD Code / Title 7 / Chapter 1 / Section 7-1-16
Corson County boundaries
Status: in_force

Beginning in the center of the main channel of the Missouri River where the boundary line separating the states of South Dakota and North Dakota crosses the same, thence west and along said state line to the one hundred second meridian west longitude; thence south and along said meridian to the township line between townships seventeen and eighteen, Black Hills base line; thence east and along said township line to the center of the main channel of the Missouri River; thence northerly and along the center of the main channel of said Missouri River, including all the islands in said river, to the place of beginning.

Source: SL 1909, ch 133, § 1; SDC 1939, § 12.0117.
S.D. Codified Laws § 7-21-39 — SD Code / Title 7 / Chapter 21 / Section 7-21-39
Sale or exchange of delinquent tax certificates of indebtedness
Status: in_force

Certificates of indebtedness issued pursuant to § 7-21-37 may be sold by the board at either public or private sale, but shall not be sold at less than their par value, or may be exchanged for such outstanding warrants, dollar for dollar with accrued interest thereon, but no brokerage, legal, or other fees, or commissions of any kind shall be paid to any person or corporation for negotiating or assisting in the preparation, sale, or exchange thereof.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-12-15 — SD Code / Title 7 / Chapter 12 / Section 7-12-15
Sheriff's salary schedule
Status: in_force

The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.

County Population

Salary Schedule

Below 10,000

$41,256

10,000 - 14,999

$44,723

15,000 - 24,999

$46,110

25,000 - 69,999

$51,657

70,000 and over

$56,163

The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.

Source: SDC 1939, § 12.1011; SL 1947, ch 36; SL 1951, ch 23, § 2; SL 1957, ch 21; SL 1959, ch 28; SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 1972, ch 44, § 1; SL 1974, ch 62; SL 1975, ch 77, § 1; SL 1977, ch 59, § 3; SL 1978, ch 53, § 5; SL 1979, ch 41, § 1; SL 1980, ch 53, § 3; SL 1981, ch 52; SL 1982, ch 61, § 1; SL 1983, ch 39, § 3; SL 1984, ch 44, § 3; SL 1985, ch 46, § 3; SL 1986, ch 63, § 3A; SL 1988, ch 70, § 1; SL 1991, ch 57, § 1; SL 2002, ch 42, §§ 1, 3; SL 2007, ch 37, § 7, eff. Jan. 1, 2008; SL 2007, ch 37, § 8, eff. Jan. 1, 2009; SL 2013, ch 31, § 7, eff. Jan. 1, 2014; SL 2013, ch 31, § 8, eff. Jan. 1, 2015.
S.D. Codified Laws § 7-18-10 — SD Code / Title 7 / Chapter 18 / Section 7-18-10
Agreements with federal agencies
Status: in_force

Any county of this state may, through its board of commissioners, enter into agreements with and receive grants from federal agencies.

Source: SL 1965, ch 211, § 2; SL 2016, ch 44, § 47.
S.D. Codified Laws § 7-16A-6 — SD Code / Title 7 / Chapter 16A / Section 7-16A-6
Employment of personnel for defender's office--Administration
Status: in_force

If an office of public defender has been established, the board of county commissioners may employ, on recommendation by the public defender and in the manner and at the compensation prescribed by the advisory committee, such assistant public defenders, clerks, investigators, stenographers, and other persons as the advisory committee considers necessary for carrying out the public defender's duties. The employees shall serve at the pleasure of the public defender. Such employees and the public defender shall, for administrative purposes, be considered to be employees of the county which administers the public defender fund.

Source: SL 1978, ch 152, § 7.
S.D. Codified Laws § 7-18-18 — SD Code / Title 7 / Chapter 18 / Section 7-18-18
Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional
Status: in_force

Any county with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the county or by the volunteer firefighters and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.

Source: SL 1986, ch 71, § 2.
S.D. Codified Laws § 7-1-53 — SD Code / Title 7 / Chapter 1 / Section 7-1-53
Perkins County boundaries
Status: in_force

Beginning at a point where the one hundred second meridian of west longitude intersects the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the range line between ranges nine and ten east Black Hills meridian; thence south and along said range line to the third standard parallel north of the Black Hills base line; thence east and along said standard parallel to the said one hundred second meridian; thence north and along said meridian to the place of beginning.

Source: Election of November, 1908, for division; SDC 1939, § 12.0154.
S.D. Codified Laws § 7-25A-40 — SD Code / Title 7 / Chapter 25A / Section 7-25A-40
Board's authority to make contracts
Status: in_force

The board may enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district.

Source: SL 1989, ch 59, § 40.
S.D. Codified Laws § 7-14-3 — SD Code / Title 7 / Chapter 14 / Section 7-14-3
Surrender or burial of body viewed by coroner
Status: in_force

The coroner shall cause the body of any deceased person which he is called upon to view to be delivered to the person entitled to receive it, if any there be; but if not, he shall cause it to be properly buried and the expense paid from any property found with the body.

Source: SL 1874-5, ch 27, § 103; PolC 1877, ch 21, § 81; CL 1887, § 676; RPolC 1903, § 911; SL 1909, ch 278; RC 1919, § 5969; SDC 1939, § 12.1102.
S.D. Codified Laws § 7-16-13 — SD Code / Title 7 / Chapter 16 / Section 7-16-13
Prosecution of actions by public authorities for child support
Status: in_force

It shall be the duty of the state's attorney to commence and prosecute forthwith all actions and proceedings, civil or criminal, brought by the authorities charged with the support of any legitimate or illegitimate child for the recovery and enforcement of support for such child, including actions commenced under chapter 25-9A .

Source: SDC 1939, § 12.1302 (7) as added by SL 1963, ch 41.
S.D. Codified Laws § 7-2-12.1 — SD Code / Title 7 / Chapter 2 / Section 7-2-12.1
Debt of newly consolidated county
Status: in_force

Any debt contracted by the former counties that comprise the new county may only be paid from taxes levied on property that was part of the territory of the former county as it was when it contracted the debt. The board of county commissioners of the new county may, by ordinance or resolution, assume the debt of each of the former counties as the debt of the new county and pay for the debt from taxes levied on the property of the whole county.

Source: SL 2024, ch 26, § 16.
S.D. Codified Laws § 7-14-8 — SD Code / Title 7 / Chapter 14 / Section 7-14-8
Salary--Radio
Status: in_force

The coroner may receive a salary which shall be set by the board of county commissioners and the coroner may be furnished with a radio by the county capable of transmitting and receiving government bands.

Source: SL 1985, ch 48, § 1.
S.D. Codified Laws § 7-25-1 — SD Code / Title 7 / Chapter 25 / Section 7-25-1
Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation
Status: in_force

The board of county commissioners may levy a tax not to exceed ninety cents per thousand dollars of taxable valuation to be used or paid into a fund for the purpose of acquiring a site, constructing, renovating, improving, remodeling, altering, adding to, repairing, erecting, or maintaining a courthouse, office, jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, highway maintenance buildings, or public library. The county may cooperate in a joint undertaking for any of the foregoing purposes with any other county, municipality or school district. The levy authorized by this section is in addition to the levy authorized in § 10-12-21 . The proceeds of the levy authorized by this section may be pledged by the county to payments under an agreement entered into pursuant to § 7-25-19 without regard to the limitations of § 7-25-3 .

Source: SL 1911, ch 123, § 1; SL 1915, ch 126; RC 1919, § 6953; SL 1931, ch 115, § 1; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1970, ch 50; SL 1985, ch 15, § 24; SL 1985, ch 77, § 8; SL 1987, ch 185, § 2; SL 1989, ch 87, § 15C.
S.D. Codified Laws § 7-8-12 — SD Code / Title 7 / Chapter 8 / Section 7-8-12
Publication and posting of notice of decennial redistricting
Status: in_force

Whenever the board of county commissioners shall change the boundaries of any commissioner district, as provided in § 7-8-10 , it shall publish notice of such change giving the boundaries of the new districts for at least two consecutive weeks in the official paper or papers of the county and when no paper is published in the county, the board shall cause notices to be posted in at least three public places in each commissioner district of which the boundaries have been changed.

Source: SL 1890, ch 66, § 2; RPolC 1903, § 814; RC 1919, § 5865; SDC 1939, § 12.0609; SL 1972, ch 81, § 2.
S.D. Codified Laws § 7-31-29 — SD Code / Title 7 / Chapter 31 / Section 7-31-29
Reinstatement of installment contract on compliance with conditions--Termination on failure to comply
Status: in_force

If within the time mentioned in the notice, the person served complies with such conditions and pays the costs of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided in § 7-31-25 .

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
S.D. Codified Laws § 7-18-27 — SD Code / Title 7 / Chapter 18 / Section 7-18-27
Annual hearing on continuance of sale of gravel--Notice
Status: in_force

The board of county commissioners shall annually hold a public hearing on the continuance of the sale of gravel by the county. Such hearing shall be published pursuant to § 7-18-25 .

Source: SL 1992, ch 57, § 4.
S.D. Codified Laws § 7-18A-27 — SD Code / Title 7 / Chapter 18A / Section 7-18A-27
Compilation of ordinances in book form--Publication
Status: in_force

Every county shall have power to compile its ordinances without revision or amendment, not more often than once in five years, for publication in book form. The compilation shall be effective without the publication required for ordinances.

Source: SL 1975, ch 82, § 12.
S.D. Codified Laws § 7-1-52 — SD Code / Title 7 / Chapter 1 / Section 7-1-52
Pennington County boundaries
Status: in_force

Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles south of its intersection with the forty - fourth parallel of north latitude, the same being the northwest corner of Custer County, thence east in a direct line and along the north boundary of Custer County to the center of the main channel of the south fork of the Cheyenne River; thence southerly and up the center of the main channel of said river to its intersection with the northerly boundary of the Pine Ridge Indian Reservation; thence east and along said boundary line of said reservation to its intersection with the center of the main channel of White River; thence easterly and down the center of the main channel of White River to the range line between ranges seventeen and eighteen east Black Hills meridian; thence north and along said range line to the center of the main channel of the Cheyenne River; thence westerly up and along the center of the main channel of said river to its junction with the Belle Fourche River; thence southerly up and along the center of the main channel of the south fork of the Cheyenne River to the boundary line between Meade and Pennington counties; thence west and along said boundary line and along the boundary line between Pennington and Lawrence counties to the boundary line between the states of South Dakota and Wyoming; thence south and along said state line to the place of beginning.

Source: SL 1874-5, ch 29; PolC 1877, ch 42; SL 1897, ch 44, § 3; SDC 1939, § 12.0153.
S.D. Codified Laws § 7-2-5 — SD Code / Title 7 / Chapter 2 / Section 7-2-5
Effective date of consolidation or boundary change
Status: in_force

The consolidation or change of boundaries takes effect on the first day of January following the general election of the county officers for the consolidated county pursuant to § 7-2-10 , or as otherwise set forth in the study committee's county consolidation plan.

Source: SL 1893, ch 45, § 10; RPolC 1903, § 784; RC 1919, § 5763; SDC 1939, § 12.0307; SL 2024, ch 26, § 9.
S.D. Codified Laws § 7-18A-21 — SD Code / Title 7 / Chapter 18A / Section 7-18A-21
Referendum ballot printing and distribution--Form and contents
Status: in_force

The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them distributed as other official ballots are distributed.

Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney.

All questions to be voted upon at the same election may be submitted upon the same ballot.

Source: SL 1975, ch 82, § 31.
S.D. Codified Laws § 7-2-7 — SD Code / Title 7 / Chapter 2 / Section 7-2-7
Name of consolidated county
Status: in_force

The name of a new county formed pursuant to this chapter must be the name set forth in the study committee's county consolidation plan.

Source: SL 1893, ch 45, § 7; RPolC 1903, § 781; RC 1919, § 5760; SDC 1939, § 12.0304; SL 2024, ch 26, § 10.
S.D. Codified Laws § 7-21-16.4 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.4
Reduction of borrowing limit for outstanding warrants or promissory notes
Status: in_force

If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in § 7-21-16.3 is reduced by the amount of the outstanding warrants or promissory notes.

Source: SL 2012, ch 53, § 3.
S.D. Codified Laws § 7-8-3 — SD Code / Title 7 / Chapter 8 / Section 7-8-3
Change in number of commissioners--Petition and submission at election
Status: in_force

The number of county commissioners of any county may be increased to five or seven or reduced to five or three. If fifteen percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, petition the board of county commissioners for an increase or decrease in the number of county commissioners, the board shall submit the question to a vote of the voters of the county at the next general election. Notice of the submission of such question shall be given in the notice of the general election.

Source: SDC 1939 § 12.0603; SL 1987, ch 67, § 5; SL 1998, ch 39, § 2; SL 2003, ch 40, § 1.
S.D. Codified Laws § 7-7-29 — SD Code / Title 7 / Chapter 7 / Section 7-7-29
Local government records destruction board
Status: in_force

The county may create a local government records destruction board to develop record management plans for the consideration of the state records destruction board.

The local board shall consist of a county commissioner, the auditor, the treasurer, and the register of deeds.

Source: SL 1981, ch 10, § 2.
S.D. Codified Laws § 7-21-27 — SD Code / Title 7 / Chapter 21 / Section 7-21-27
Personal liability of officers and employees creating or paying debts exceeding appropriated amounts
Status: in_force

All officers, boards, and members of boards, employees, and all other persons authorizing, contracting, or incurring, or attempting to authorize, contract, or incur any indebtedness or liability for or in behalf of any county or any institution or agency thereof in violation of the provisions of this chapter, or auditing, allowing, ordering paid, drawing, or issuing warrants in payment of, or paying any claims or demands upon or against a county or any institution or agency thereof, for any liability or indebtedness attempted to be created or incurred in violation of the provisions of this chapter shall be jointly and severally liable in person and on their official bonds to the county or to the institution or agency thereof of which they are officers or employees, to the extent of any payment or payments made on such void claims.

Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
S.D. Codified Laws § 7-29-25 — SD Code / Title 7 / Chapter 29 / Section 7-29-25
Donation of land to state or first or second class municipality for parks or recreation area
Status: in_force

By unanimous vote of its members, a board of county commissioners may give, upon such terms and conditions as may be agreed to, any of its lands suitable for parks or recreation areas to the State of South Dakota or to first and second class municipalities in the manner provided by chapter 9-38 or chapter 41-2 for use as state parks, recreation areas, or city parks.

Source: SL 1989, ch 30, § 17; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-10-4 — SD Code / Title 7 / Chapter 10 / Section 7-10-4
Financial reports--Time for preparation and publication--Filing of publication
Status: in_force

The county auditor shall prepare by the first day of March of each year a report of the revenues and expenditures of the previous year and the assets, liabilities, and equity of the county as of December thirty - first of the previous year. The report shall be made in the form prescribed by the auditor - general and shall be published within thirty days in the official newspapers of the county. A copy of the publication shall be filed with the auditor - general.

Source: CL 1887, § 1664; SL 1889, ch 48, § 1; RPolC 1903, § 2240; SL 1913, ch 206, § 15; SL 1917, ch 235, § 2; RC 1919, § 5947; SL 1921, ch 167; SDC 1939, § 12.0904; SL 1957, ch 19; SL 1972, ch 43, § 1; SL 1975, ch 76, § 3; SL 1982, ch 60, § 2; SL 1984, ch 47.
S.D. Codified Laws § 7-26-5 — SD Code / Title 7 / Chapter 26 / Section 7-26-5
Construction, improvement, and operation of historical museums
Status: in_force

The board of county commissioners may provide for the acquisition of sites, purchase, erection, renovation, improvement, remodeling, alteration, operation, addition to, and repairing of county historical museums, or a historical museum owned by an incorporated nonprofit historical association or society, or a historical museum owned by the state located within such county.

Source: SL 1966, ch 28; SL 1967, ch 21; SL 1970, ch 51; SL 1985, ch 77, § 10.
S.D. Codified Laws § 7-1-64 — SD Code / Title 7 / Chapter 1 / Section 7-1-64
Union County boundaries
Status: in_force

Beginning at a point where the township line between townships ninety - five and ninety - six north intersects the boundary line between the states of South Dakota and Iowa, thence west and along the township line between townships ninety - five and ninety - six north, to the northwest corner of township ninety - five, range fifty, west of the fifth principal meridian; thence south and along the range line between ranges fifty and fifty - one west, to the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said last mentioned state line to its intersection with the boundary line between the states of South Dakota and Iowa; thence northerly and along the boundary between the states of South Dakota and Iowa, to the place of beginning.

Source: SL 1863-4, ch 14, § 1; SL 1870-1, ch 10, § 1; SD SenJRes 4, 1905; Act of Congress approved March 1, 1905, ch 1295, 33 Stat. 820; SL 1907, ch 245, § 1; SDC 1939, § 12.0165.
S.D. Codified Laws § 7-12-3 — SD Code / Title 7 / Chapter 12 / Section 7-12-3
Attendance on courts and county commissioners
Status: in_force

The sheriff shall attend the sessions of the circuit court and the sessions of the board of county commissioners when required by the board to attend.

Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 1981, ch 44, § 8.
S.D. Codified Laws § 7-16B-13 — SD Code / Title 7 / Chapter 16B / Section 7-16B-13
County legal expense relief fund established--Administration
Status: in_force

There is established at the association of county commissioners a county legal expense relief fund administered by the county legal expense relief board created pursuant to § 7-16B-22 . Expenditures from the fund shall be approved by the board.

Source: SL 1992, ch 55, § 1; SL 1995, ch 40; SL 2010, ch 37, § 1; SL 2016, ch 44, § 38.
S.D. Codified Laws § 7-25A-9 — SD Code / Title 7 / Chapter 25A / Section 7-25A-9
Powers of board--Composition--Term of office
Status: in_force

The board of the district may exercise the powers granted to the district pursuant to this chapter. The board shall consist of five to seven members. Each elected member shall hold office for a term of six years and until his successor is chosen and qualifies. The members of the board shall be citizens of the United States.

Source: SL 1989, ch 59, § 9.
S.D. Codified Laws § 7-22-3 — SD Code / Title 7 / Chapter 22 / Section 7-22-3
Warrant required for disbursement of county funds--Contents
Status: in_force

No public money shall be disbursed by the county commissioners or any of them, but the same shall be disbursed by the county treasurer upon the warrant of the county auditor specifying the name of the party entitled to the same, on what account, and upon whose allowance, if not fixed by law.

Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906; SL 1975, ch 76, § 11.
S.D. Codified Laws § 7-9A-4 — SD Code / Title 7 / Chapter 9A / Section 7-9A-4
Electronic recording commission created--Standards for recording electronic documents
Status: in_force

The electronic recording commission is hereby created and shall consist of nine voting members. The commission shall adopt standards to implement procedures for recording electronic documents with the register of deeds. The commission shall consist of nine members appointed as follows:

(1) Five registers of deeds appointed by the president of the South Dakota Association of County Officials, which includes one register of deeds to be appointed from a county that has a population of seventy-five thousand or more; one register of deeds from a county that has a population of twenty thousand or more but less than seventy-five thousand; and one register of deeds from a county that has a population of less than twenty thousand; and two registers of deeds from other counties with no regard to population size;

(2) One attorney licensed in the State of South Dakota whose practice emphasizes real property matters appointed by the president of the State Bar Association;

(3) Two licensed title abstractors certified in the State of South Dakota appointed by the president of the South Dakota Land Title Association; and

(4) One person in the banking industry appointed by the South Dakota Bankers Association.

The commission shall annually appoint one nonvoting member who is an information technology professional.

The appointed members of the commission shall serve for terms of two years, except that, of the registers of deeds first appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years; of the certified title abstractors, appointed initially, one will serve for three years and one will serve for two years. If a vacancy occurs on the commission, the respective associations shall make an appointment for the unexpired term in the same manner as the original appointment.

Source: SL 2014, ch 47, § 4.
S.D. Codified Laws § 7-29-24 — SD Code / Title 7 / Chapter 29 / Section 7-29-24
Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective
Status: in_force

''Local industrial development corporation," as that term is used in § 7-29-23 , is an enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. Such corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than twenty - five members. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute not less than seventy - five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty - five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under § 7-29-23 . The primary objective of the local industrial development corporation shall be to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.

Source: SL 1976, ch 63, § 2; SL 1996, ch 40, § 2.
S.D. Codified Laws § 7-18-2 — SD Code / Title 7 / Chapter 18 / Section 7-18-2
Seal of county
Status: in_force

The board of county commissioners shall procure and keep a seal with emblems and devices as the board deems proper. This shall be the seal of the county and the county auditor may not use any other seal.

Source: SL 1874-5, ch 27, §§ 38, 39; PolC 1877, ch 21, § 17; CL 1887, § 578; RPolC 1903, § 817; RC 1919, § 5868; SDC 1939, § 12.1802; SL 2016, ch 44, § 41.
S.D. Codified Laws § 7-18-17 — SD Code / Title 7 / Chapter 18 / Section 7-18-17
Rental facilities for economic development--Agreements for joint or cooperative action
Status: in_force

Any county, in order to accomplish the purposes provided in chapter 9-54 , may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24 .

Source: SL 1972, ch 45, § 1.
S.D. Codified Laws § 7-16-6 — SD Code / Title 7 / Chapter 16 / Section 7-16-6
Employment of counsel to assist state's attorney in trial--Employment of state's attorney or deputy in proceedings outside county
Status: in_force

In all criminal cases and in civil cases if the county is a party, if two or more attorneys are employed by the defendant in a criminal case or by the opposite party in civil cases the board of county commissioners may employ counsel to assist the state's attorney in the trial of the cases at the compensation that is agreed upon between the board and counsel. In civil cases or administrative proceedings outside the county if the county or any county officers are named as parties, the board of county commissioners or county officers, if bringing suit in their official capacities or if sued in their individual or official capacities, may employ the county's state's attorney, deputy state's attorney, limited deputy state's attorney or any firm, association or corporation with whom the state's attorney, deputy state's attorney or limited deputy state's attorney is affiliated, to prosecute or defend the actions, and compensation in addition to the state's attorney's salary may be paid for the legal services.

Source: SL 1901, ch 93, § 1; RPolC 1903, § 944; RC 1919, § 6014; SDC 1939, § 12.1306; SL 1983, ch 44, § 2; SL 1985, ch 50, § 3.
S.D. Codified Laws § 7-16-9.1 — SD Code / Title 7 / Chapter 16 / Section 7-16-9.1
Examination of cases where offender committed or released on bail
Status: in_force

Each state's attorney shall inquire into and make a full examination of all the facts and circumstances of every case where an offender is committed to jail or released on bail.

Source: SL 1895, ch 64, § 6; RCCrimP 1903, § 210; RC 1919, § 4706; SDC 1939 & Supp 1960, § 34.1504; SDCL, § 23-20-8; SL 1978, ch 164, § 8.
S.D. Codified Laws § 7-8A-6 — SD Code / Title 7 / Chapter 8A / Section 7-8A-6
Election to adopt optional form
Status: in_force

The board of county commissioners, by ordinance, or upon receiving a petition signed by not less than fifteen percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, shall submit to the electors the question of whether to adopt an optional form of county government authorized by this chapter. The procedures set forth in chapter 7-18A shall govern such initiated measure and election.

Source: SL 1986, ch 62, § 6; SL 1988, ch 63, § 1.
S.D. Codified Laws § 7-25A-33 — SD Code / Title 7 / Chapter 25A / Section 7-25A-33
Board authorized to levy special assessments for construction or acquisition of certain projects--Assessment as continuing lien
Status: in_force

The board may levy special assessments for the construction, reconstruction, or acquisition of projects authorized under this chapter using the procedures provided in chapter 9-43 . The district assessments may be made payable in thirty annual installments. Such special assessments are a continuing lien on such real property as against all persons except the United States and the state. The district may obtain loans as described in § 7-25A-24 , issue negotiable notes, warrants, or other evidences of debt as described in § 7-25A-25 or issue and sell bonds and other forms of indebtedness as described in § 7-25A-26 to finance the construction, reconstruction, or acquisition of a project or projects authorized by this chapter prior to the time the board levies special assessments for such project or projects.

Source: SL 1989, ch 59, § 33; SL 1990, ch 52, § 6.
S.D. Codified Laws § 7-16-10 — SD Code / Title 7 / Chapter 16 / Section 7-16-10
Prosecution of preliminary informations before magistrate
Status: in_force

It shall be the duty of the state's attorney, when requested by any magistrate of his county, to appear on behalf of the state before any such magistrate and prosecute all preliminary informations on behalf of the state of which such magistrate shall have jurisdiction.

Source: SL 1883, ch 43, § 3; CL 1887, § 429; RPolC 1903, § 929; RC 1919, § 5999; SDC 1939, § 12.1302 (4).
S.D. Codified Laws § 7-31-41 — SD Code / Title 7 / Chapter 31 / Section 7-31-41
Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default
Status: in_force

The board of county commissioners of any county is hereby authorized to cancel any lease issued as provided in § 7-31-38 for nonpayment of rentals, if any are required by the lease, or for nonperformance by the lessee of any provision or requirement of the lease; provided, however, that if such cancellation shall be made the said board of county commissioners must mail to the said lessee, or assigns, by registered or certified letter addressed to the post office address of said lessee or assignee, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation, and if within thirty days after the mailing of said notice to the said lessee or assignee, he shall remedy the default specified in said notice, then no cancellation of said lease shall be ordered by the board of county commissioners, but otherwise the cancellation shall be made and all rights of the lessee or assignee under the lease shall thereupon terminate.

Source: SL 1939, ch 165, § 4; SDC Supp 1960, § 42.0804.
S.D. Codified Laws § 7-31-6 — SD Code / Title 7 / Chapter 31 / Section 7-31-6
Termination of leases on class two land on reclassification or failure of lessee to abide by regulations
Status: in_force

Leases on class two land may be terminated at the option of the board of county commissioners if the lessee fails to abide by the regulations as to use and protection of the land or to pay the annual rental in advance provided that leases on class two land may be terminated by reclassification of the land as class one land as provided in § 7-31-3 , all of which provisions shall be made a part of the lease.

Source: SL 1939, ch 25, § 7; SDC Supp 1960, § 12.3410 (3).
S.D. Codified Laws § 7-25A-28 — SD Code / Title 7 / Chapter 25A / Section 7-25A-28
Bonds constituting legal investments
Status: in_force

Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings and loans, savings banks, banks, trust companies, insurance companies, personal representatives, trustees, conservators, and other fiduciaries.

Source: SL 1989, ch 59, § 28; SL 1993, ch 213, § 79.
S.D. Codified Laws § 7-8-17 — SD Code / Title 7 / Chapter 8 / Section 7-8-17
Recording of votes by county commissioners
Status: in_force

Whenever any board of county commissioners shall act upon any petition, adopt any resolution, make any appointment to fill any vacancy in a county office, or enter any final order in any proceedings pending before any such board, the members shall vote by yeas and nays and a record of such votes shall be kept by the county auditor who shall include the same in the published report of the minutes containing the record of any such action, resolution, appointment, or order.

Source: SL 1919, ch 152; SDC 1939, § 12.0614.
S.D. Codified Laws § 7-24-19 — SD Code / Title 7 / Chapter 24 / Section 7-24-19
Deposit and investment of debt service fund moneys--Resolution of county commissioners
Status: in_force

Every county maintaining a debt service fund for the payment of outstanding bonds shall keep the accumulations in said debt service fund deposited with the lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the State of South Dakota, including those of the county issuing such bonds, or bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks, or obligations of the United States, or bonds or securities of any kind issued by the State of South Dakota, and the interest accruing on such investment shall be credited to such debt service fund. Moneys in any debt service fund shall be invested only in such of the above - named securities as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota. Where such debt service fund is invested in other bonds of such county, there shall be a levy of a tax upon the taxable property of such county of sufficient amount to pay the interest and also the principal thereof when due and such tax, when collected, shall be returned to the debt service fund for that purpose.

In carrying out the provisions of this section, all transactions shall be by resolution of the board of county commissioners which resolution shall be regularly filed and recorded with the county auditor as a public record.

Source: SL 1915, ch 277; RC 1919, § 6999; SL 1933, ch 164; SDC 1939, § 12.2111; SL 1979, ch 37, § 2.
S.D. Codified Laws § 7-1-35 — SD Code / Title 7 / Chapter 1 / Section 7-1-35
Hyde County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred sixteen north of range seventy - one west of the fifth principal meridian, thence west and along the fourth standard parallel north, to the northwest corner of township one hundred sixteen north of range seventy - three west; thence south and along the tenth guide meridian west to the center of the main channel of the Missouri River; thence down the center of the main channel of the Missouri River to its intersection with the second standard parallel north; thence east and along said parallel to the southeast corner of township one hundred nine north of range seventy - one west; thence north and along the range line between ranges seventy and seventy - one west, being the tenth guide meridian west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1883, ch 21, § 1; SDC 1939, § 12.0136.
S.D. Codified Laws § 7-14-2 — SD Code / Title 7 / Chapter 14 / Section 7-14-2
Reimbursement and source of payment of coroner's expenses
Status: in_force

The county coroner shall be reimbursed for all necessary and reasonable expenditures incurred in the discharge of his duty as shall be approved by the board of county commissioners and which shall be paid out of the general fund of the county.

Source: SL 1881, ch 75, § 1; CL 1887, § 1414; RPolC 1903, § 1835; RC 1919, § 5974; SDC 1939, § 12.1105; SL 1968, ch 16, § 4.
S.D. Codified Laws § 7-1-22 — SD Code / Title 7 / Chapter 1 / Section 7-1-22
Douglas County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred north of range sixty - two, west of the fifth principal meridian, thence west and along the base line between townships one hundred and one hundred one north, to the northwest corner of township one hundred, range sixty - six west; thence south and along the range line between ranges sixty - six and sixty - seven to the north boundary of the former Yankton-Sioux Indian Reservation; thence southeasterly and along the said north boundary of said former reservation to its intersection with the range line between ranges sixty - one and sixty - two west; thence north and along said range line to the place of beginning.

Source: SL 1872-3, ch 17, § 3; SDC 1939, § 12.0123.
S.D. Codified Laws § 7-27-14 — SD Code / Title 7 / Chapter 27 / Section 7-27-14
County fair receipts paid into general fund--Expenses paid from general fund
Status: in_force

All amounts collected as entrance money, admission fees, concessions, rentals, or otherwise, pertaining to such county fair shall be paid into the general fund of the county, and all expenses, costs, premiums, and purses incurred and paid on account of such county fair shall be paid out of such general fund.

Source: SL 1915, ch 125, § 2; RC 1919, § 5809; SDC 1939, § 12.2602; SL 1951, ch 31, § 2.
S.D. Codified Laws § 7-9-4 — SD Code / Title 7 / Chapter 9 / Section 7-9-4
Special townsite deed record required
Status: in_force

In counties where townsites are now or may hereafter be located upon government lands, it shall be the duty of the register of deeds to procure a book to be known as the townsite deed record, in which he shall record all deeds made by the mayor of any first or second class municipality or other competent officer, conveying any of such townsite property to claimants or trustees.

Source: SL 1895, ch 159, § 1; RPolC 1903, § 872; RC 1919, § 5915; SDC 1939, § 12.0707; SL 1981, ch 44, § 6; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-22-10 — SD Code / Title 7 / Chapter 22 / Section 7-22-10
Interest payable on warrants not paid at time of presentation
Status: in_force

All county warrants shall draw interest at a rate of interest to be determined by the county commissioners of the county until paid from the date upon which they are presented to the county treasurer and endorsed "Not paid for want of funds."

Source: SL 1874-5, ch 27, § 40; PolC 1877, ch 21, § 53; SL 1881, ch 139, § 1; CL 1887, § 618; RPolC 1903, § 858; RC 1919, § 5894; SL 1927, ch 82; SDC 1939, § 12.1906; SL 1951, ch 27; SL 1983, ch 28, § 10.
S.D. Codified Laws § 7-11-12 — SD Code / Title 7 / Chapter 11 / Section 7-11-12
Accounting records maintained--Destruction
Status: in_force

The county treasurer shall keep and maintain such accounting records as set forth in the accounting manual prepared by the auditor - general. However, the county treasurer 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 1868-9, ch 25, § 89; PolC 1877, ch 21, § 94; CL 1887, § 638; RPolC 1903, § 875; SL 1913, ch 206, § 7; SL 1917, ch 235, § 2; RC 1919, § 5925; SDC 1939, § 12.0803; SL 1975, ch 76, § 6; SL 1981, ch 45, § 4.
S.D. Codified Laws § 7-1-41 — SD Code / Title 7 / Chapter 1 / Section 7-1-41
Lawrence County boundaries
Status: in_force

Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles north of the point where the forty - fourth parallel of north latitude intersects the said boundary line, thence due east in a direct line to a point where said line intersects the range line between ranges five and six east Black Hills meridian; thence north and along the range line between ranges five and six east, to the township line between townships three and four north, Black Hills base line; thence west and along said township line to the range line between ranges four and five east Black Hills meridian; thence north and along the range line between said ranges four and five to the township line between townships seven and eight north; thence west and along the township line between said townships seven and eight to the point where said line intersects the center of the main channel of Redwater Creek; thence westerly and along the center of the channel of said Redwater Creek to the said boundary line between the states of South Dakota and Wyoming; thence south and along said state line to the place of beginning.

Source: SL 1874-5, ch 29; PolC 1877, ch 42; SL 1881, ch 45; SL 1887, ch 179, § 3; SL 1889, ch 57, § 1; SDC 1939, § 12.0142.
S.D. Codified Laws § 7-18A-12 — SD Code / Title 7 / Chapter 18A / Section 7-18A-12
Affidavit required of circulators of petition
Status: in_force

Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.

Source: SL 1975, ch 82, § 21; SL 1989, ch 69; SL 2016, ch 44, § 48.
S.D. Codified Laws § 7-25A-23 — SD Code / Title 7 / Chapter 25A / Section 7-25A-23
Provision of utilities--Powers of district
Status: in_force

If the board assumes the responsibility for providing utilities, the district shall have the powers provided in chapters 9-40 and 9-47 , insofar as such chapters relate to projects undertaken pursuant to subdivision 7-25A-7(21).

Source: SL 1989, ch 59, § 23.
S.D. Codified Laws § 7-30-3 — SD Code / Title 7 / Chapter 30 / Section 7-30-3
Conduct of auction--Continuation--Adjournment
Status: in_force

The county auditor shall attend to the publishing of such notice and shall conduct the auction. The auction shall continue from day to day until all tracts of land for lease shall have been offered. The county auditor may for good cause adjourn the auction for a period of not more than three days.

Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214.
S.D. Codified Laws § 7-7-21 — SD Code / Title 7 / Chapter 7 / Section 7-7-21
Appointment and removal of deputies and clerks--Oath of office and bond
Status: in_force

The officer in whose office a deputy or clerk is employed may appoint or remove a deputy or clerk at pleasure. The appointment or removal shall be by a certificate in writing, and any deputy or clerk appointed shall before entering upon the duties of office, take and subscribe the oath or affirmation required by the Constitution. The oath or affirmation shall be endorsed on the certificate of appointment and filed as provided by law. The deputy or clerk shall furnish an official bond in an amount and with surety as the principal deems proper. The bond shall be attached to the certificate of appointment and oath of office.

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 2016, ch 44, § 4.
S.D. Codified Laws § 7-31-36 — SD Code / Title 7 / Chapter 31 / Section 7-31-36
Short title of law
Status: in_force

Sections 7-31-1 to 7-31-36 , inclusive, may be known as the County Land Administration and Management Law.

Source: SL 1939, ch 25, § 1; SDC Supp 1960, § 12.3401.
S.D. Codified Laws § 7-8A-5 — SD Code / Title 7 / Chapter 8A / Section 7-8A-5
Duties of county manager
Status: in_force

The county manager shall:

(1) Provide for the proper execution of all orders, resolutions, and regulations established by the board;

(2) Attend all meetings of the board and recommend measures for adoption;

(3) Prepare and submit to the county board a proposed annual budget and long - range capital expenditure program, along with a financial plan for raising revenue, for such a period as the board may direct;

(4) Administer the provisions of the budget when adopted by the board;

(5) Keep the board fully advised of the financial condition and needs of the county and make such other reports from time to time as required by the board or he deems necessary;

(6) Appoint and hire qualified staff to assist in the proper administration of the county affairs; and

(7) Perform such other duties as may be required of him by the board.

Source: SL 1986, ch 62, § 5.
S.D. Codified Laws § 7-21-12 — SD Code / Title 7 / Chapter 21 / Section 7-21-12
Resolution adopting provisional budget--Publication of adopted budget
Status: in_force

The board of county commissioners shall, before October first in each fiscal year, before finally determining or fixing any of the tax levies for the following fiscal year and after all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made to the provisional budget, pass and adopt a resolution approving and adopting the provisional budget as the annual budget of appropriations and expenditures for the county, its institutions and agencies for the following fiscal year. The resolution may not thereafter be subject to reconsideration or revision. No amendments, corrections, changes, alterations, insertions, or additions may thereafter be made to the annual budget. Any changes in the provisional budget incorporated into the adopted annual budget shall be published in the minutes of the meeting at which the provisional budget is adopted as the annual budget.

Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3; SL 1972, ch 43, § 4; SL 1984, ch 49, § 2; SL 1993, ch 86, § 35.
S.D. Codified Laws § 7-1-47 — SD Code / Title 7 / Chapter 1 / Section 7-1-47
Meade County boundaries
Status: in_force

Beginning at the junction of the centers of the main channels of the Belle Fourche and Cheyenne Rivers, thence along the center of the main channel of the Cheyenne river to its intersection with the one hundred second meridian of west longitude; thence north and along said meridian to its intersection with the third standard parallel north; thence west and along said third standard parallel north to the range line between ranges nine and ten east Black Hills meridian; thence south and along said range line to its intersection with the township line between townships seven and eight north of the Black Hills base line; thence west and along said township line to the range line between ranges four and five east; thence south to the township line between townships three and four north; thence east to the southwest corner of township four north of range six east; thence south to the boundary line between Pennington and Meade counties; thence east and along the present boundary line between Meade and Pennington counties to the center of the main channel of the Cheyenne River; thence northeasterly and along the center of the main channel of the said Cheyenne River to the place of beginning.

Source: SL 1889, ch 57, § 1; SL 1897, ch 42, § 3; SDC 1939, § 12.0148.
S.D. Codified Laws § 7-12-7 — SD Code / Title 7 / Chapter 12 / Section 7-12-7
Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner
Status: in_force

When both the sheriff and the coroner are absent, disqualified, or otherwise incapacitated, the circuit court in the circuit in which the county is located may, by order, designate any voter as a commissioner of the court to perform the duties required from a sheriff or coroner in any particular case.

Source: SDC 1939, § 12.1101; SL 1968, ch 16, § 3.
S.D. Codified Laws § 7-20-3 — SD Code / Title 7 / Chapter 20 / Section 7-20-3
Deposit permitted despite interest of county official
Status: in_force

A bank may be selected as a depository for the keeping of county funds notwithstanding a county official may be a stockholder or officer therein, nor shall such action constitute a crime on the part of such county official.

Source: SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29, § 1; SL 1957, ch 18, § 1; SL 1959, ch 24, § 1.
S.D. Codified Laws § 7-22-9 — SD Code / Title 7 / Chapter 22 / Section 7-22-9
Registration of warrants not paid for want of funds
Status: in_force

If any warrant is presented to the treasurer for payment and no funds in the treasury have been appropriated for that purpose, the treasurer shall enter the warrant in the warrant register for payment in the order of presentation. The treasurer shall endorse on the warrant the registry number, date of registration, and the words "Not paid for want of funds," and sign the endorsement.

Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 12.0813; SL 2016, ch 44, § 60.
S.D. Codified Laws § 7-25A-26 — SD Code / Title 7 / Chapter 25A / Section 7-25A-26
Board's authority to issue bonds--Purpose--Limitation
Status: in_force

To undertake, accomplish, and complete any project or projects within the powers granted the board, the board may issue and sell bonds and other forms of indebtedness in such amount as the board may determine, for the purpose of acquiring, constructing, completing, or remodeling, maintaining, or equipping any such facility or facilities; refunding and refinancing the same from time to time as often as advantageous and in the public interest to do so; and pledging any income of such district, and any revenues derived by the district from such facilities, or any combination thereof, to secure payment of such bonds and to redeem such bonds. All districts bonds shall be authorized, issued and sold as provided in chapter 6-8B , except no election may be held to issue bonds other than those required by S.D. Const., Art. XIII, § 4.

Source: SL 1989, ch 59, § 26; SL 1990, ch 52, § 5.
S.D. Codified Laws § 7-2-1 — SD Code / Title 7 / Chapter 2 / Section 7-2-1
Petition for consolidation or boundary change--Filing--Verification--Study committee
Status: in_force

A petition signed by fifteen percent of the registered voters of each of two or more adjoining counties of this state, based upon the total number of registered voters at the last preceding general election, requesting the formation of a committee to study the question of changing the boundary lines or of the consolidation of the petitioners' counties, pursuant to this chapter, must be filed with the county auditor of each affected county and presented to the board of county commissioners of their respective counties at the regular July meeting.

Each county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are from 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 auditor verifies that the petition meets the requirements of this section, the boards of county commissioners must appoint a study committee.

The petition must be filed with the county auditors of the counties prior to the first day of the regular July meeting of the board of county commissioners and must state the names of the counties to be consolidated or describe the boundary lines to be changed.

The auditor of each county where a petition is filed shall transmit a certified copy of the petition filed in that county to the auditor of each of any other affected county.

Source: SL 1893, ch 45, §§ 1, 2; RPolC 1903, §§ 775, 776; RC 1919, §§ 5755, 5756; SDC 1939, § 12.0301; SL 1987, ch 67, § 1; SL 2024, ch 26, § 1.
S.D. Codified Laws § 7-24-9 — SD Code / Title 7 / Chapter 24 / Section 7-24-9
Bond issue for satisfaction of judgment against county
Status: in_force

If a judgment has been recovered against a county upon any claim, and the judgment has become final by expiration of the time for appeal or decision upon appeal, the governing body of the county, by a resolution declaring it to be for the best interests of the county, passed and entered upon its records, published in its proceedings may without submitting the matter to a vote of the voters issue bonds of the county for the purpose of compromising the judgment. The bonds shall be delivered only to the judgment creditor or his successor in ownership of the judgment, upon a complete release and satisfaction of the judgment. The bonds may not exceed the amount due upon the judgment at date of the bonds. All bonds shall be issued and sold as provided in chapter 6-8B .

Source: SL 1903, ch 81; RC 1919, § 6997; SL 1929, ch 78; SDC 1939, § 12.2103; SL 1975, ch 47, § 2; SL 1983, ch 28, § 11; SL 1984, ch 43, § 64; SL 1984, ch 319, § 5.
S.D. Codified Laws § 7-18A-13 — SD Code / Title 7 / Chapter 18A / Section 7-18A-13
Initiative petition--Presentation to board--Submission to voters
Status: in_force

If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall submit it to a vote of the voters in the manner prescribed for a referendum within sixty days after the final enactment. However, if the petition is filed within three months prior to the primary or general election, the ordinance or resolution may be submitted at the primary or general election.

Source: SL 1975, ch 82, § 23; SL 1983, ch 47, § 1; SL 2016, ch 44, § 49; SL 2025, ch 37, § 1.
S.D. Codified Laws § 7-31-31 — SD Code / Title 7 / Chapter 31 / Section 7-31-31
Apportionment of proceeds of sale of land
Status: in_force

The proceeds of any sale of land bid in and acquired pursuant to chapters 10-23 , 10-25 , and 10-26 , after deducting the expenses incurred by the county in the proceedings to take tax deed and in such sale proceedings, shall be placed to the credit pro rata of the various funds and taxing districts which are the beneficiaries of the tax for the year for which such property was sold at tax sale; provided, however, that it shall be lawful for the county treasurer, in his discretion, to distribute the proceeds received from the sale of any property under the provisions hereof by prorating such proceeds on the basis of the levy for any one year the taxes of which are included in the proceeds of such sale, taking the year which represents the more equitable basis for such distribution.

Source: SL 1939, ch 25, § 4; SL 1941, ch 37; SDC Supp 1960, § 12.3404 (9); SL 1974, ch 68, § 9.
S.D. Codified Laws § 7-10-3 — SD Code / Title 7 / Chapter 10 / Section 7-10-3
Monthly verification of treasurer's accounts--Report to county commissioners--Contents
Status: in_force

The county auditor shall at the close of each calendar month list all cash and cash items held by the county treasurer and verify the balances in the depositories. The county auditor shall report to the board of county commissioners at each regular meeting the bank balances, the total amount of actual cash, the total amount of checks and drafts which have been in the treasurer's possession not exceeding three days. The county auditor shall also submit an itemized report of all cash items, checks, and drafts which have been in the treasurer's possession over three days. This report shall be made a part of the county commissioners' proceedings.

Source: SL 1887, ch 10, § 5; CL 1887, § 650; RPolC 1903, § 886; SL 1913, ch 206; SL 1917, ch 235; RC 1919, § 5945; SL 1931, ch 116; SDC 1939, § 12.0903; SL 2016, ch 44, § 9.
S.D. Codified Laws § 7-1-42 — SD Code / Title 7 / Chapter 1 / Section 7-1-42
Lincoln County boundaries
Status: in_force

Beginning at a point where the base line between townships one hundred and one hundred one north, intersects the eastern boundary of the State of South Dakota, thence west and along said base line to the northwest corner of township one hundred north of range fifty - one west of the fifth principal meridian; thence south and along the range line between ranges fifty - one and fifty - two west, to the southwest corner of township ninety - six north of range fifty - one west; thence east and along the township line between townships ninety - five and ninety - six north, to the eastern boundary of the State of South Dakota; thence northerly and along the boundary line between the states of South Dakota and Iowa, to the place of beginning.

Source: SL 1862, ch 16; SL 1863-4, ch 14; SL 1867-8, ch 9; SL 1870-1, ch 10, § 9; SDC 1939, § 12.0143.
S.D. Codified Laws § 7-9-7 — SD Code / Title 7 / Chapter 9 / Section 7-9-7
Names, addresses, and descriptions required in recorded instruments--Certificate of value
Status: in_force

No register of deeds may accept for record in the office of the register of deeds:

(1) Any deed, affidavit terminating joint tenancy or life estate interests, or oil, gas, or other mineral lease, or affidavit for succession to real property pursuant to § 29A-3-1203 that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee, and a legal description of the property conveyed or leased;

(2) Any mortgage that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property, and the amount of the mortgage and when it is due;

(3) Any assignment of mortgage or oil, gas, or other mineral lease that does not include the names of the assignor and the assignee, the post office address of the assignee, and a legal description of the property;

(4) Any deed or contract for deed dated after July 1, 1988 or affidavit for succession to real property pursuant to § 29A-3-1203 , used in the purchase, exchange, transfer, or assignment of interest in real property that is not accompanied by a certificate of value containing the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale; or

(5) A transfer on death deed, pursuant to §§ 29A-6-401 to 29A-6-435 , inclusive, is exempt from completing and submitting the certificate of value as set forth in subdivision (4) of this section.

Source: SL 1911, ch 257, § 6; RC 1919, § 5916; SDC 1939, § 12.0708; SL 1943, ch 25; SL 1972, ch 41; SL 1983, ch 43; SL 1987, ch 69; SL 1988, ch 68; SL 1991, ch 61, § 1; SL 2006, ch 32, § 1; SL 2014, ch 133, § 36; SL 2022, ch 89, § 2.
S.D. Codified Laws § 7-18A-20 — SD Code / Title 7 / Chapter 18A / Section 7-18A-20
Publication of referred measure--Contents
Status: in_force

The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election.

Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the voters. If only a portion thereof is covered by the petition, the notice will state what portion will be submitted.

Source: SL 1975, ch 82, § 30.
S.D. Codified Laws § 7-16B-15 — SD Code / Title 7 / Chapter 16B / Section 7-16B-15
Promulgation of rules
Status: in_force

The county legal expense relief board shall promulgate rules, pursuant to chapter 1-26 , regarding the procedure and requirements for allowing additional counties to participate in the fund, the procedure and requirements for allowing participating counties to withdraw from the fund, and other policies to facilitate the administration, distributions, and assessments associated with the fund.

Source: SL 1992, ch 55, § 3; SL 1993, ch 66, § 2; SL 2016, ch 44, § 39.
S.D. Codified Laws § 7-12-19.1 — SD Code / Title 7 / Chapter 12 / Section 7-12-19.1
Fees paid to sheriff--Remittance to county treasurer
Status: in_force

Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in § 7-12-18 . The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.

Source: SL 1978, ch 58, § 2; SL 1981, ch 54; SL 1999, ch 32, § 4.
S.D. Codified Laws § 7-33-8 — SD Code / Title 7 / Chapter 33 / Section 7-33-8
Fixing of rates and charges for services--Pledge of revenues to pay bonds
Status: in_force

The board of county commissioners may:

(1) Fix reasonable rates and charges for services furnished and made available by the county to users of its facilities;

(2) Provide for the collection of the rates and charges;

(3) Pledge the net revenues derived from the facilities to the payment of bonds made payable from the revenues; and

(4) Make and enforce on behalf of the county any such lawful provisions and stipulations relating to the proper operation and maintenance of the facilities, the administration of the income and revenues, the expenditure of the bond proceeds, and, without limitation, all other matters affecting the security of the bonds and the bondholders, which the board deems necessary.

Source: SL 2009, ch 31, § 2.
S.D. Codified Laws § 7-9A-1 — SD Code / Title 7 / Chapter 9A / Section 7-9A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Document," any information that is:

(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(b) Eligible to be recorded in the public records maintained by the register of deeds;

(2) "Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(3) "Electronic document," a document that is received by the register of deeds in an electronic form;

(4) "Electronic recording commission" and "commission," the commission established in § 7-9A-4 ;

(5) "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document;

(6) "Paper document," a document that is received by the register of deeds in a form that is not electronic;

(7) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(8) "Register of deeds," the county register of deeds for the county in which a document is received;

(9) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: SL 2014, ch 47, § 1.
S.D. Codified Laws § 7-2-1.4 — SD Code / Title 7 / Chapter 2 / Section 7-2-1.4
Submission of consolidation plan to vote
Status: in_force

When the report and the map have been received by the board of county commissioners for each of the affected counties, each board must, at their regular July meeting following the presentation of the report, provide that the study committee's county consolidation plan be submitted to a vote at the next general election following the presentation of the report.

Source: SL 2024, ch 26, § 5.
S.D. Codified Laws § 7-9-1 — SD Code / Title 7 / Chapter 9 / Section 7-9-1
Duty to keep records of instruments--Destruction of unneeded records
Status: in_force

The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:

(1) Documents dated prior to July 1, 1994;

(2) Documents prepared by the United States of America, this state, or any instrumentality, agency, or political subdivision of either; and

(3) Court certified documents.

The register of deeds may destroy those records that the state records destruction board, pursuant to § 1-27-19 , has declared to be of no further administrative, legal, fiscal, research, or historical value.

Source: SDC 1939, § 12.0702; SL 1980, ch 54; SL 1994, ch 62; SL 1995, ch 39, § 1; SL 1999, ch 32, § 1.
S.D. Codified Laws § 7-25A-7 — SD Code / Title 7 / Chapter 25A / Section 7-25A-7
Powers of district
Status: in_force

The district shall have, and the board may exercise, the following powers:

(1) To sue and be sued in the name of the district;

(2) To adopt and use a seal and authorize the use of a facsimile thereof;

(3) To acquire, by purchase, gift, devise, or otherwise, real and personal property, or any estate therein;

(4) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(5) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature;

(6) To borrow money and accept gifts;

(7) To apply for and use grants, or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith;

(8) To hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto;

(9) To maintain an office at such place or places as it may designate within a county in which the district is located, which office must be reasonably accessible to the landowners;

(10) To hold, control, and acquire by donation or purchase any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this chapter and to make use of such easements, dedications or reservations for any of the purposes authorized by this chapter;

(11) To lease as lessor or lessee to or from any person, firm, limited liability company, corporation, association or body, public or private, any projects of the type that the district may undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter;

(12) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as provided by this chapter;

(13) To levy such tax and special assessments as may be authorized by this chapter;

(14) To charge, collect, and enforce fees and other user charges;

(15) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law;

(16) To exercise within the district the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another;

(16A) To exercise beyond the district, with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area, or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to a potable water system and sewer system;

(17) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter;

(18) To assess and impose upon lands in the district ad valorem taxes;

(19) To impose and foreclose special assessment liens as provided by this chapter;

(20) To exercise such powers as may be authorized by this chapter and in accordance with the provisions of chapters 1-24 and 1-25 ;

(21) To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for the following basic infrastructures, all of which shall be exempt from property taxation:

(a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges;

(b) Water supply, sewer and waste water management, or any combination thereof;

(c) Bridges or culverts; and

(d) District roads, equal to or exceeding the specifications of the county in which the district roads are located, and street lights;

(22) After the board has obtained the consent of the local government within the jurisdiction of which a power specified in this subdivision is to be exercised, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:

(a) Parks and facilities for indoor and outdoor recreational, cultural, and education uses;

(b) Fire prevention and control, including fire stations, water mains, and plugs;

(c) School buildings and related structures;

(d) Security, subject to compliance with all applicable state regulations;

(e) Waste collection and disposal;

(f) Conventions; and

(g) Parking;

(23) To purchase, sell or operate a water or sewer utility;

(24) To adopt and enforce an improvement district building code if the district has first obtained the consent of the county within which the district lies for the exercise of this power;

(25) Notwithstanding the provisions of § 1-24-2 , to provide for law enforcement within the district through joint exercise of governmental powers agreements pursuant to chapter 1-24 ; and

(26) To exercise jointly with other authorized political subdivisions any power granted under chapters 6-3 and 6-5 .

Source: SL 1989, ch 59, § 7; SL 1991, ch 64, § 1; SL 1994, ch 351, § 7.
S.D. Codified Laws § 7-2-15 — SD Code / Title 7 / Chapter 2 / Section 7-2-15
Tax levies, assessments, and retirement of indebtedness after change of boundaries
Status: in_force

Where the boundaries of two or more counties have been changed, pursuant to the provisions of this chapter, and the county or counties from which area has been detached has indebtedness charged against such detached area, all levies of taxes, and special assessments, theretofore made against such lands so detached, for the purpose of retiring such indebtedness, shall be continued and collected by the county to which such area is attached, and paid over to the county from which such area is detached until such indebtedness is fully retired.

Source: SDC 1939, § 12.0308 as added by SL 1943, ch 24, § 2.
S.D. Codified Laws § 7-8-19 — SD Code / Title 7 / Chapter 8 / Section 7-8-19
Preservation of order by county board--Enforcement of obedience to orders
Status: in_force

The board of county commissioners may preserve order when sitting as a board. The board may enforce obedience to all its orders by attachment or other compulsory process.

Source: SL 1874-5, ch 27, § 9; PolC 1877, ch 21, § 23; CL 1887, § 584; RPolC 1903, § 822; RC 1919, § 5873; SDC 1939, § 12.0616 (1) to (7), (12); SL 1981, ch 44, § 4; SL 2016, ch 45, § 3.
S.D. Codified Laws § 7-21-6 — SD Code / Title 7 / Chapter 21 / Section 7-21-6
Contents of provisional budget
Status: in_force

The provisional budget required by § 7-21-5 shall contain:

(1) A detailed statement of the amount of revenues likely to be received from each and every source during the following fiscal year, the amount of revenue received from each and every source during the current fiscal year, and the estimated unexpended balance of money remaining in each fund at the close of the current fiscal year, together with an estimate of all debts and liabilities incurred or created during such fiscal year, and payable out of each of such funds, but remaining unpaid at the close of the fiscal year;

(2) The respective amounts proposed to be appropriated for expenditures for county purposes or its officers or departments or agencies thereof, during the following fiscal year.

Source: SL 1927, ch 79, § 5; SDC 1939, § 12.2003.
S.D. Codified Laws § 7-12-2 — SD Code / Title 7 / Chapter 12 / Section 7-12-2
Office at county seat--Service and posting of notices
Status: in_force

The sheriff shall keep the office at the county seat, serve or post all notices received from the county auditor or the board of county commissioners, and perform other duties as prescribed by law.

Source: SL 1874-5, ch 27, § 69; PolC 1877, ch 21, § 66; CL 1887, § 662; RPolC 1903, § 897; RC 1919, § 5958; SDC 1939, § 12.1001; SL 2016, ch 44, § 22.
S.D. Codified Laws § 7-27-17 — SD Code / Title 7 / Chapter 27 / Section 7-27-17
County appropriations for aid of fair association or corporation
Status: in_force

It shall be lawful for the boards of county commissioners of the counties embraced within the territory covered by the articles of the fair association or corporation operating under the provisions of this chapter, to appropriate for the aid of such association or nonprofit operating corporation and for such association or corporation to receive, for the purpose of paying premiums or otherwise assisting in the promotion of such fairs or exhibitions, such aid as in the discretion of the county commissioners is just and necessary.

Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7946; SL 1919, ch 202; SL 1927, ch 81, §§ 2, 4; SL 1931, ch 109; SDC 1939, §§ 12.2603, 53.0406; SDCL, § 42-3-7; SL 1975, ch 81, § 10.
S.D. Codified Laws § 7-16-2 — SD Code / Title 7 / Chapter 16 / Section 7-16-2
Judicial appointment of acting attorney in event of absence, inability, or disqualification--Fees
Status: in_force

The circuit court, whenever there shall be no state's attorney for the county or when the state's attorney is absent or unable to attend to his duties or is adversely interested or disqualified, may appoint, by an order to be entered in the minutes of the court, some duly licensed attorney and counselor at law to perform for the time being the duties required by law to be performed by the state's attorney and the person so appointed shall thereupon be vested with all the powers of such state's attorney for that purpose; and the circuit court shall, by an order in the minutes of the court, fix his fees therefor, which amount shall be allowed by the board of county commissioners and when so ordered by the court shall be deducted from the salary of the state's attorney. Nothing in this section shall be so construed as to give the court power to permanently fill vacancies in such office.

Source: SL 1883, ch 43, § 7; CL 1887, § 434; SL 1889, ch 59, § 1; RPolC 1903, § 934; SL 1905, ch 90; RC 1919, § 6004; SDC 1939, § 12.1304.
S.D. Codified Laws § 7-21-25 — SD Code / Title 7 / Chapter 21 / Section 7-21-25
Debts and liabilities exceeding appropriated amounts prohibited
Status: in_force

Unless specially and expressly authorized by law, it shall be unlawful for the board of county commissioners or any member thereof, or for any officer of any county or any employee thereof in charge of any institution or agency of a county, to contract any indebtedness or incur any liabilities for or in behalf of the county, in any manner whatsoever, either for a purpose, object, or item for which no appropriation is provided in the budget of such county for the fiscal year in which such indebtedness is attempted to be contracted or liability attempted to be created, or in excess of the amount of any specific appropriation for any purpose, object, or item set forth in the budgets of such county, for the fiscal year in which such indebtedness is attempted to be contracted or liability attempted to be created.

Source: SDC 1939, § 12.2020; SL 1995, ch 7, § 2.
S.D. Codified Laws § 7-21-19 — SD Code / Title 7 / Chapter 21 / Section 7-21-19
Annual tax levy on property--Fiscal calculation--Limitations
Status: in_force

Before October first in each fiscal year and after the annual budget for the following fiscal year has been approved and adopted, the board of county commissioners shall, for each particular fund out of which appropriations are payable, levy a tax that is sufficient to raise the difference between all appropriations contained in the budget for the next fiscal year, payable out of each particular fund, and all revenue likely to be received by each particular fund during the next fiscal year from all sources, including the unobligated fund balance of each particular fund, but not including real property taxes or any amount authorized by law to be held in reserve.

Nothing in this section authorizes any tax levy that exceeds any limitation upon tax levies now or hereafter imposed by any law of this state.

Source: SL 1927, ch 79, § 17; SDC 1939, § 12.2015; SL 2026, ch 31, § 1.
S.D. Codified Laws § 7-21-44 — SD Code / Title 7 / Chapter 21 / Section 7-21-44
Unused appropriations terminated at end of year--Consideration in next budget
Status: in_force

All appropriations for the expenditure of public moneys contained in the annual and supplemental budgets for such fiscal year, shall cease to be in effect at the expiration of the fiscal year for which the same were made, except as provided in § 7-21-45 , and any unused balance appropriated shall be used and considered as revenue in making levy to cover expenditures in the next budget.

Source: SL 1927, ch 79, § 14; SDC 1939, § 12.2012; SL 1975, ch 76, § 7.
S.D. Codified Laws § 7-18-16 — SD Code / Title 7 / Chapter 18 / Section 7-18-16
Rental facilities for economic development--Power to issue revenue bonds
Status: in_force

All powers conferred upon municipalities under chapter 9-54 relating to the power to issue revenue bonds shall also be applicable to any county.

Source: SL 1972, ch 45, § 1.
S.D. Codified Laws § 7-25A-13 — SD Code / Title 7 / Chapter 25A / Section 7-25A-13
Appointments made by supervisor of elections--Other duties
Status: in_force

The improvement district supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election.

Source: SL 1989, ch 59, § 13.
S.D. Codified Laws § 7-14-6 — SD Code / Title 7 / Chapter 14 / Section 7-14-6
Deposit and sale of property found on body--Delivery to decedent's estate
Status: in_force

Upon the delivery of any property to the treasurer, as provided in § 7-14-5 , he must, if it be money, place it to the credit of the county; or, if it be other property, he must within thirty days sell it at public auction, upon reasonable notice, and place the proceeds to the credit of the county. If the money in the treasury be demanded within six years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county in relation to the matter; or it may be paid at any time thereafter upon the order of the board of county commissioners.

Source: PolC 1877, ch 21, §§ 85, 86; CL 1887, §§ 680, 681; RPolC 1903, §§ 915, 916; RC 1919, §§ 5971, 5972; SDC 1939, § 12.1103.
S.D. Codified Laws § 7-18-31 — SD Code / Title 7 / Chapter 18 / Section 7-18-31
Conditions of lease of county-owned property
Status: in_force

Any county may lease its county - owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body.

Source: SL 1996, ch 55, § 2.
S.D. Codified Laws § 7-18A-24 — SD Code / Title 7 / Chapter 18A / Section 7-18A-24
Waiting period before second vote on initiated or referred question
Status: in_force

No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon.

Source: SL 1975, ch 82, § 34.
S.D. Codified Laws § 7-7-23 — SD Code / Title 7 / Chapter 7 / Section 7-7-23
Officer receiving salary of deputy or clerk as theft
Status: in_force

Any officer who receives or appropriates for the officer's own use and benefit any part of the salary allowed any deputy or clerk employed under the provisions of this title is guilty of theft.

Source: SL 1887, ch 10, § 8; SL 1890, ch 134, § 5; RPolC 1903, § 883; SL 1917, ch 189, § 4; RC 1919, § 5906; SDC 1939, § 12.9903; SL 1981, ch 43, § 2; SL 2016, ch 44, § 5.
S.D. Codified Laws § 7-9-5 — SD Code / Title 7 / Chapter 9 / Section 7-9-5
Conveyances of platted land not accepted until plat recorded
Status: in_force

No register of deeds may accept for record or record any deed, mortgage, or other conveyance of any platted plot of land until the plat has been accepted for record in the register of deed's office.

Source: SL 1913, ch 342, § 4; RC 1919, § 5918; SDC 1939, § 12.0709; SL 2016, ch 44, § 8.
S.D. Codified Laws § 7-12-25.1 — SD Code / Title 7 / Chapter 12 / Section 7-12-25.1
Fees deposited in joint law enforcement fund if joint commission exists in county
Status: in_force

Notwithstanding § 7-12-25 , all fees and travel expenses charged by the sheriff under the provisions of § 7-12-18 shall be deposited in a fund known as the "joint law enforcement fund," for use only by the joint municipal - county law enforcement commission if such commission exists in the county.

Source: SL 1977, ch 63; SL 1978, ch 58, § 3.
S.D. Codified Laws § 7-18-3 — SD Code / Title 7 / Chapter 18 / Section 7-18-3
Designation of official newspapers for county--Publication of board proceedings and notices
Status: in_force

At its regular meeting in January of each year the board of county commissioners shall designate three legal newspapers printed in the county as official newspapers. If there are not three legal newspapers within the county, then as many newspapers that are legal newspapers. No more than two newspapers within the same municipality may be designated as official newspapers by the county, if there are other legal newspapers published elsewhere within the county.

The board shall publish a full and complete report of all its official proceedings at all regular and special meetings and shall publish proceedings as soon after any meeting as practicable. The board shall pay for publishing the proceedings at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in chapter 17-2 .

All notices required by law to be published by the county auditor shall also be published in the official newspapers. If any notice includes a legal description of property outside the incorporated limits of a municipality, the notice may include a physical description of the property from the nearest incorporated municipality.

Source: SL 1874-5, ch 25, § 1; PolC 1877, ch 21, § 54; CL 1887, § 619; SL 1901, ch 97, § 1; RPolC 1903, § 859; RC 1919, § 5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2009, ch 29, § 1; SL 2016, ch 44, § 42.
S.D. Codified Laws § 7-30-6 — SD Code / Title 7 / Chapter 30 / Section 7-30-6
Form of lease--Entire quarter section leased where water right jeopardized
Status: in_force

The form of the lease shall be such as may have been prescribed by the board of county commissioners, provided, whenever the leasing of a legal subdivision of less than one quarter section containing a water privilege or right shall jeopardize the leasing price of the remaining acreage of said quarter section, no lease of a legal subdivision shall be granted to the lessee unless the lessee shall lease the entire quarter section.

Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214.
S.D. Codified Laws § 7-18A-23 — SD Code / Title 7 / Chapter 18A / Section 7-18A-23
Preservation of referendum petitions--Public inspection
Status: in_force

The auditor shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request.

Source: SL 1975, ch 82, § 33.
S.D. Codified Laws § 7-22-14 — SD Code / Title 7 / Chapter 22 / Section 7-22-14
Endorsement and receipt for annual interest paid--Priority preserved despite nonpayment of annual interest
Status: in_force

All interest payments shall be endorsed by the treasurer on the back of the warrant and the warrant holder shall execute and deliver duplicate receipts for such payment to the treasurer who shall retain one and deliver the other forthwith to the county auditor. All registered warrants, together with interest earned but not paid under the provisions of §§ 7-22-11 to 7-22-14 , inclusive, shall continue to be paid in the order of their registration as provided by law.

Source: SL 1933, ch 160, §§ 2, 3; SDC 1939, § 12.0814.
S.D. Codified Laws § 7-30-16 — SD Code / Title 7 / Chapter 30 / Section 7-30-16
Payment to lessee who constructs dam--Conditions--Certificate of federal district range program inspector
Status: in_force

Any lessee who constructs a dam pursuant to the permit described in § 7-30-15 and has received a certificate executed by the federal district range program inspector is entitled to payment as provided in § 7-30-17 , unless the lessee defaults in the terms of the lease, abandons the lease, or fails to bid at the next letting of the lease. The inspector shall state in the certificate the measurements of the dam, including the number of cubic yards of earth and whether the dam was approved by the inspector.

Source: SL 1939, ch 24, § 2; SL 1941, ch 36, § 1; SDC Supp 1960, § 12.2220; SL 2016, ch 44, § 71.
S.D. Codified Laws § 7-3-5 — SD Code / Title 7 / Chapter 3 / Section 7-3-5
Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share
Status: in_force

The floating or warrant indebtedness of such original county shall also be apportioned in the same manner to each division and each new county shall be charged with, assume, and pay the amount so apportioned to it.

In any case where, at an election on the question of division of an organized county held pursuant to the provisions of this chapter, there has also been submitted the question of issuing the funding bonds of the county proposed to be divided, and a majority of the votes cast at such election was in favor of the issuance of such funding bonds, or where the funding bonds of such original county have been previously ordered to be issued by a majority vote of the voters thereof voting thereon and the same have not been issued prior to the division of such original county; then, and in either of such events, each new county so created, as well as the original county, shall be and is authorized to issue its bonds for the purpose of funding such proportion of the warrant indebtedness of the original county as has been allotted to it. Such bonds shall be issued in the manner provided by law, except that the proposition of issuing the same need not again be submitted to a vote of the voters of any of such counties.

Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
S.D. Codified Laws § 7-21-16.5 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.5
Interest rate--Signatures
Status: in_force

The rate of interest for a promissory note authorized by § 7-21-16.2 shall be stated on the note. The note shall be signed by the chair of the board of county commissioners and by the county auditor.

Source: SL 2012, ch 53, § 4.
S.D. Codified Laws § 7-18A-7 — SD Code / Title 7 / Chapter 18A / Section 7-18A-7
Passage of resolutions--Record of votes--Publication in minutes
Status: in_force

A resolution may be passed after one reading. It shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against the same. It shall be published in full as part of the minutes of the board.

Source: SL 1975, ch 82, § 9.
S.D. Codified Laws § 7-1-67 — SD Code / Title 7 / Chapter 1 / Section 7-1-67
Yankton County boundaries
Status: in_force

Beginning at the northeast corner of township ninety - six north of range fifty - four west of the fifth principal meridian, thence west and along the township line between townships ninety - six and ninety - seven to the northwest corner of township ninety - six, north of range fifty - seven, west; thence south and along the range line between ranges fifty - seven and fifty - eight west, as extended, to its intersection with the boundary line between the states of South Dakota and Nebraska; thence easterly and along said state line to the range line between ranges fifty - three and fifty - four, as extended; thence north and along said range line to the place of beginning.

Source: SL 1862, ch 19, § 1; SL 1870-1, ch 10, § 3; SDC 1939, § 12.0169.
S.D. Codified Laws § 7-21-48 — SD Code / Title 7 / Chapter 21 / Section 7-21-48
Transfer of surplus moneys in county funds--Outstanding warrants and obligations to be provided for
Status: in_force

The board of county commissioners may transfer the surplus moneys that may be on hand in any of the several funds to such fund or funds as they may deem for the best interest of the county or may appropriate such surplus moneys to the payment of any outstanding indebtedness of the county. No moneys in any fund shall be transferred therefrom unless there be left in such fund sufficient money to pay all outstanding warrants drawn against such fund, together with any other indebtedness or contemplated expenditures from said fund for the current fiscal year. No money shall be transferred from any sinking or interest fund unless sufficient money be left therein to pay all interest which may accrue on and the principal of all outstanding bonds.

Source: SL 1927, ch 79, § 18; SL 1929, ch 99; SDC 1939, § 12.2016.
S.D. Codified Laws § 7-27-1.1 — SD Code / Title 7 / Chapter 27 / Section 7-27-1.1
Municipal annexation of fair land--Continued jurisdiction of county commissioners
Status: in_force

If the land upon which any fair established pursuant to the provisions of this chapter is annexed by a municipality, the board of county commissioners shall continue to regulate maintenance, construction, and supervision of the fairgrounds.

Source: SL 1976, ch 99, § 1.
S.D. Codified Laws § 7-16A-3 — SD Code / Title 7 / Chapter 16A / Section 7-16A-3
Provisions by establishing board for office
Status: in_force

If a board of county commissioners elects to establish an office of public defender it shall:

(1) Prescribe the qualifications of the public defender, the term of office and the rate of annual compensation; and

(2) Provide for the establishment, maintenance, and support of the office.

Source: SL 1978, ch 152, § 1.
S.D. Codified Laws § 7-25A-22 — SD Code / Title 7 / Chapter 25A / Section 7-25A-22
Selection of depository
Status: in_force

The board may select as a depository for its funds any qualified public depository as set out in §§ 9-22-6 and 9-22-6.1 .

Source: SL 1989, ch 59, § 22.
S.D. Codified Laws § 7-7-1 — SD Code / Title 7 / Chapter 7 / Section 7-7-1
Commencement of terms of county officers--Vacancy occurring before commencement of term
Status: in_force

Except when otherwise expressly provided, the regular term of office for all county officers, when elected for a full term, shall commence on the first Monday in January next succeeding their election, except the office of county auditor, the term of which shall begin on the first Monday of March next succeeding his election. If the office to which any officer was elected be vacant at the time of his election, or becomes vacant after such election, even if he was not elected to fill a vacancy, he shall forthwith qualify and enter upon the duties of his office.

Source: SL 1870-1, ch 17, § 43; PolC 1877, ch 5, § 9; CL 1887, § 1379; RPolC 1903, § 1796; SL 1905, ch 75; RC 1919, § 7032; SDC 1939, § 48.0311.
S.D. Codified Laws § 7-21-44.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-44.1
Unused contingency funds terminated at end of year
Status: in_force

Any unused balance in the contingency budget shall revert at the close of the year and shall not be accumulated.

Source: SL 1974, ch 66, § 2.