reglab/housing_qa huggingface dataset:
SD Codified L § 9-4-4.10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-4.10 - Proceedings to enforce terms of resolution of annexation or resolution of intent.

9-4-4.10. Proceedings to enforce terms of resolution of annexation or resolution of intent.Any person of the annexed area may institute proceedings in the circuit court to compel performance of any aspect of the resolution of intent or the resolution of annexation as finally adopted extending the municipal boundaries and services. The proceedings shall be instituted within seven years of the adoption of the resolution of annexation. Source: SL 1979, ch 47, §12; SL 1984, ch 52, §4.
SD Codified L § 9-4-4.11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-4.11 - Resolution of intent to annex--Contents for small municipalities.

9-4-4.11. Resolution of intent to annex--Contents for small municipalities.Based on the study provided for in §9-4-4.1, the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of less than one thousand in population as determined in the last federal census, shall contain the following:(1)The description and boundaries of the territory to be annexed;(2)That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;(3)The estimated difference in tax assessment rate for the residents in the contiguous territory;(4)That exclusions and irregularities in boundary lines are not the result of arbitrariness;(5)That there is reasonable present or demonstrable future need for annexing the contiguous territory; and(6)That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries. Source: SL 1988, ch 74, §2.
SD Codified L § 9-4-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-5 - Annexation of unplatted territory subject to approval by county commissioners.

9-4-5. Annexation of unplatted territory subject to approval by county commissioners.No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been platted by a duly recorded plat or any agricultural land as defined in §10-6-110. Source: SDC 1939, §45.2906 as added by SL 1955, ch 215, §1; SL 1982, ch 71, §1; SL 2021, ch 44, § 44.
SD Codified L § 9-4-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-6 - Exclusion of territory from municipality on petition or by vote of governing body.

9-4-6. Exclusion of territory from municipality on petition or by vote of governing body.Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the governing body may by resolution exclude the territory from the municipality. However, if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition must be signed by the owner only. Source: SL 1887, ch 104, §2; CL 1887, §1115; RPolC 1903, §1509; RC 1919, §6555; SDC 1939, §45.2901; SL 1939, ch 191; SL 2016, ch 52, §4.
SD Codified L § 9-4-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-7 - Publication of petition for exclusion of territory.

9-4-7. Publication of petition for exclusion of territory.No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of §9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks. Source: SL 1887, ch 104, §3; CL 1887, §1116; RPolC 1903, §1510; RC 1919, §6556; SDC 1939, §45.2902.
SD Codified L § 9-4-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-8 - Petition to circuit court for exclusion of territory after refusal by governing body.

9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body.Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§9-4-6 and 9-4-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts. Source: SL 1887, ch 104, §4; CL 1887, §1117; RPolC 1903, §1511; RC 1919, §6557; SDC 1939, §45.2903.
SD Codified L § 9-4-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-9 - Service of notice of petition to circuit court--Hearing at term or in vacation.

9-4-9. Service of notice of petition to circuit court--Hearing at term or in vacation.Notice of filing pursuant to §9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the date of such hearing.The hearing on the petition may be had by the court at a regular or special term or in vacation. Source: SL 1887, ch 104, §4; CL 1887, §1117; RPolC 1903, §1511; RC 1919, §6557; SDC 1939, §45.2903.
SD Codified L § 9-4-10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-10 - Court order for exclusion of territory--Dismissal of petition.

9-4-10. Court order for exclusion of territory--Dismissal of petition.If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order.If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners. Source: SL 1887, ch 104, §5; CL 1887, §1118; RPolC 1903, §1512; RC 1919, §6558; SDC 1939, §45.2904.
SD Codified L § 9-4-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-11 - Recording of resolution or decree changing municipal boundaries--Effective date.

9-4-11. Recording of resolution or decree changing municipal boundaries--Effective date.Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such territory, together with a copy of the resolution or decree duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated, and thereupon such territory shall become and be a part of such municipality or be excluded therefrom as the case may be. Source: SL 1887, ch 104, §6; CL 1887, §1119; RPolC 1903, §1513; RC 1919, §6563; SDC 1939, §45.2908; SL 1955, ch 215, §2.
SD Codified L § 9-4-12 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-12 - Annexation of territory near municipal airport prohibited--Exception.

9-4-12. Annexation of territory near municipal airport prohibited--Exception.No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A. However, if the governing body of the airport-operating municipality consents, by resolution, to such a proposed annexation by another municipality, the provisions of this section do not apply to the extent of the waiver provided in the consent resolution of the airport-operating municipality. Source: SL 2003, ch 42, §1; SL 2005, ch 47, §1.
SD Codified L § 9-4-14 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 04 - Change Of Municipal Boundaries|Section 9-4-14 - Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.

9-4-14. Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of §9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality annexes such airport, the municipality may exercise extraterritorial jurisdiction pursuant to chapter 11-6, but only to the extent of one and one-quarter miles of the exterior boundary of the airport property. Such one and one-quarter mile extraterritorial jurisdiction supercedes the three-mile extraterritorial jurisdiction of any other municipality or jurisdiction of any other governmental entity, except as provided in Title 50.Such one and one-quarter mile extraterritorial jurisdiction does not include property located within the corporate limits of another municipality. However, the latter municipality may not allow any airport hazards as defined in Title 50 in its corporate limits within the one and one-quarter mile extraterritorial jurisdiction around the airport property. Source: SL 2003, ch 42, §3.
SD Codified L § 9-5-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-1 - Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.

9-5-1. Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who are also named as owners of real property in the tax list of the last preceding year, shall file with the municipal finance officer a petition requesting consolidation. When such petition has been filed the governing bodies of the municipalities concerned shall meet and fix the terms upon which the proposed annexation shall be made. If both governing bodies agree upon the proposed terms, they shall by identical resolutions so declare. Source: SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01; SL 1987, ch 67, §21.
SD Codified L § 9-5-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-2 - Publication of resolutions of annexation--Approval of voters required.

9-5-2. Publication of resolutions of annexation--Approval of voters required.All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provided. Source: SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01.
SD Codified L § 9-5-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-3 - Notice, conduct, and canvass of elections on annexation.

9-5-3. Notice, conduct, and canvass of elections on annexation.Such elections on the proposition of consolidating such contiguous municipalities as fixed and called by resolution shall be noticed, held, conducted, and canvassed as provided for a special or annual election as the case be. Source: SL 1951, ch 249, §2; SL 1955, ch 214, §2; SDC Supp 1960, §45.29A02.
SD Codified L § 9-5-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-4 - Waiting period after rejection of annexation by voters.

9-5-4. Waiting period after rejection of annexation by voters.If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation. Source: SL 1951, ch 249, §2; SL 1955, ch 214, §2; SDC Supp 1960, §45.29A02.
SD Codified L § 9-5-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-5 - Submission of question to voters of municipality to be annexed--Date of election.

9-5-5. Submission of question to voters of municipality to be annexed--Date of election.After the resolutions proposing the plan for annexation shall take effect, the municipality to be annexed shall, by resolution, submit the question of annexation to the voters of such municipality at a special election called for that purpose fixing the date thereof or at the next annual municipal election, provided that any such election shall be held within sixty days after the said resolutions proposing the plan for annexation shall take effect. Source: SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01.
SD Codified L § 9-5-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-6 - Form of ballot on question of annexation.

9-5-6. Form of ballot on question of annexation.The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross () or check mark () in a square or circle preceding the phrase "For the annexation of (naming the municipality) to (naming the municipality)" or "Against the annexation of (naming the municipality) to (naming the municipality)." Source: SL 1951, ch 249, §3; SDC Supp 1960, §45.29A03.
SD Codified L § 9-5-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-7 - Resolution declaring approval by voters of municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election.

9-5-7. Resolution declaring approval by voters of municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election.If a majority of the votes cast in the election held in the municipality desiring to be annexed are in favor of annexation, the governing body of the municipality shall so declare by resolution. A certified copy of the whole proceedings for the annexation shall be filed within ten days after the election with the auditor of the municipality to which the annexation is to be made. Upon the filing of the certified copy as provided in this section, the municipality to which annexation is to be made shall by resolution submit the question of annexation to the voters of the municipality at a special election called for that purpose fixing the date thereof within sixty days after the filing of the certified copy of the proceedings as provided in this section. If the filing is on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of §9-13-14, the question shall be submitted at that annual municipal election. Source: SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01; SL 1983, ch 53, §2.
SD Codified L § 9-5-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-8 - Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.

9-5-8. Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of such municipality and he shall file a certified copy of such proceedings and a certified copy of the proceedings of the municipality to be annexed with the secretary of state, and in the office of the register of deeds of the county, who shall record the same. Source: SL 1951, ch 249, §4; SL 1955, ch 214, §3; SDC Supp 1960, §45.29A04.
SD Codified L § 9-5-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-9 - Effective date of annexation--Implementing ordinance.

9-5-9. Effective date of annexation--Implementing ordinance.Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordinance as will carry into effect such annexation, and thereafter the municipality annexed shall be a part of the municipality to which the annexation is made. Source: SL 1951, ch 249, §5; SL 1953, ch 267; SDC Supp 1960, §45.29A05.
SD Codified L § 9-5-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-11 - Title to municipal property after annexation.

9-5-11. Title to municipal property after annexation.The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities. Source: SL 1951, ch 249, §9; SDC Supp 1960, §45.29A09.
SD Codified L § 9-5-12 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-12 - Assumption of municipal debts and obligations after annexation.

9-5-12. Assumption of municipal debts and obligations after annexation.All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation. Source: SL 1951, ch 249, §10; SDC Supp 1960, §45.29A10.
SD Codified L § 9-5-13 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-13 - Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.

9-5-13. Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed municipality shall ever be subjected, in any way, to the payment of any part of said bonded indebtedness. Source: SL 1951, ch 249, §7; SDC Supp 1960, §45.29A07.
SD Codified L § 9-5-14 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-14 - Bonded indebtedness of annexed municipality--Tax levy.

9-5-14. Bonded indebtedness of annexed municipality--Tax levy.Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such municipality so annexed, and to continue such tax from year to year so long as the same shall be necessary. Source: SL 1951, ch 249, §8; SDC Supp 1960, §45.29A08.
SD Codified L § 9-5-15 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-15 - Enforcement of claims and demands against annexed municipality--Payment of judgments.

9-5-15. Enforcement of claims and demands against annexed municipality--Payment of judgments.Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in §9-5-12 for the payment of the indebtedness of such annexed municipality. Source: SL 1951, ch 249, §11; SDC Supp 1960, §45.29A11.
SD Codified L § 9-5-16 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-16 - School districts consolidated on annexation.

9-5-16. School districts consolidated on annexation.Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality. Source: SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
SD Codified L § 9-5-17 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-17 - Title to school district property after consolidation--Assumption of debts and obligations.

9-5-17. Title to school district property after consolidation--Assumption of debts and obligations.The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and paid by the school district as enlarged by such consolidation. Source: SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
SD Codified L § 9-5-18 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 05 - Annexation Of Contiguous Municipalities|Section 9-5-18 - Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.

9-5-18. Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed school district shall ever be subjected in any way to the payment of any part of said bonded indebtedness. Source: SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.