reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 02 - Consolidation And Change Of County Boundaries › Section 7-2-14 - Transcription of records after change of county boundaries.

7-2-14. Transcription of records after change of county boundaries.
Whenever the boundaries of a county have been changed, it shall be the duty of the board of county commissioners at once to secure a full, true, and complete transcript of such records of the original county as may relate to or in any manner affect the property rights or interest within the territory included by the changing of the boundaries of said county and theretofore not a part of the records of the original county, such transcript to be obtained and secured in the same manner and to have the same force and effect as transcripts obtained and secured on the division of counties.
Source:
SDC 1939, §12.0312.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 02 - Consolidation And Change Of County Boundaries › Section 7-2-15 - Tax levies, assessments, and retirement of indebtedness after change of boundaries.

7-2-15. Tax levies, assessments, and retirement of indebtedness after change of boundaries.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 02 - Consolidation And Change Of County Boundaries › Section 7-2-16 - Municipal election on adjustment of county boundaries to include all of municipality.

7-2-16. Municipal election on adjustment of county boundaries to include all of municipality.
In any case where a municipality in this state is so situated that its boundaries extend into, and its area is a part of two or more adjoining counties of the state, the governing body of such municipality shall, upon petition signed by fifteen percent of the voters of such municipality, submit at a special or regular municipal, or general election held therein, the question of whether or not it is desirable that the boundaries of the counties affected should be changed so as to include all of the area of such municipality within the boundaries of one of such counties.
The voters at such election shall also indicate their choice of which county such municipality should be a part.
Source:
SDC 1939, §12.0313 as enacted by SL 1943, ch 24, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 02 - Consolidation And Change Of County Boundaries › Section 7-2-17 - Certification of municipal election results to county auditors--Submission to voters of counties.

7-2-17. Certification of municipal election results to county auditors--Submission to voters of counties.
If a majority of the voters of such municipality are in favor of the change, the auditor or clerk of such municipality, shall certify the result of such election to the county auditor of each county affected, and thereupon the county commissioners of each of such counties shall, at their regular July meeting succeeding the presentation of such certificate, provide that the question of change of the boundary lines of such counties shall be submitted to a vote at the next general election, as provided in §7-2-1. The filing of the certificate of the auditor or clerk of the municipality herein provided for, shall be in lieu of the petition required by §7-2-1.
Source:
SDC 1939, §12.0313 as enacted by SL 1943, ch 24, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 02 - Consolidation And Change Of County Boundaries › Section 7-2-18 - Questions submitted to county voters on boundary adjustment to include or exclude municipality.

7-2-18. Questions submitted to county voters on boundary adjustment to include or exclude municipality.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-1 - Petition for division of county--Contents and filing--Minimum size of new county.

7-3-1. Petition for division of county--Contents and filing--Minimum size of new county.
If fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, residing in any portion consisting of not less than twenty-four congressional townships or any portion consisting of not less than one hundred million dollars of real property valuation of any organized county in this state shall petition the county commissioners of such county for division thereof and for the organization of a new county or counties, setting forth in the petition the lines upon which the petitioners desire such county to be divided and the boundaries of the proposed new county or counties, together with the name or names they desire to be given the proposed new county or counties in which such petitioners reside, the county commissioners of such county shall submit the question of the division of such county to the voters thereof at the next general election. Such petition must be filed with the county auditor not later than the first Monday in July of any general election year.
Each county shall, after division as prayed for in such petition, contain not less than twenty-four congressional townships or not less than one hundred million dollars of real property valuation, or no election may be ordered.
Source:
SL 1907, ch 100, §1; RC 1919, §5770; SDC 1939, §12.0401; SL 1982, ch 59; SL 1987, ch 67, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-2 - Voters' approval of division--Name and organization of new county.

7-3-2. Voters' approval of division--Name and organization of new county.
If a majority of the votes cast at the next general election in such county, and also in each portion thereof proposed to be organized into a new county, shall be favorable to a division of such county, the portion in which the county seat thereof is located shall retain the name and organization of such county and the portion or portions in which the county seat is not located shall take the name or names prayed for in the petition for the division of the county, and the Governor shall forthwith proceed to organize the same as a county or counties under such name or names in the manner provided by law for organizing an unorganized county and, until such organization is perfected, the said portion or portions of such county shall for all governmental purposes remain and be a portion of such original county.
Source:
SL 1907, ch 100, §2; SL 1915, ch 127; SL 1917, ch 173; RC 1919, §5771; SDC 1939, §12.0402.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-3 - Revision of commissioner districts after division of county.

7-3-3. Revision of commissioner districts after division of county.
Whenever the area of any county in this state has been altered by division or by the changing of its boundaries, it shall be the duty of the board of county commissioners of such county, at the first regular meeting thereafter, to establish commissioner districts in such county and fix the boundaries thereof in the manner provided by law for establishing commissioner districts and changing the boundaries thereof insofar as the same is applicable. Such commissioner districts so established and the boundaries so fixed shall remain as established and fixed until the same may be changed as provided by law. Whenever the organization of a new county results from such alteration, the same duty shall devolve upon the commissioners of the new county.
Source:
SL 1915, ch 134; RC 1919, §5786; SDC 1939, §12.0415.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-4 - Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county.

7-3-4. Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county.
Any bonded indebtedness of such original county shall be apportioned to each division ratably upon the basis of the last equalized assessment previous to the division thereof and each of such divisions shall be charged with, assume, and pay its just portion of such debt upon the basis of such apportionment; and each new division shall, as soon as organized as a county, issue its bonds to meet its portion of such bonded debt. Such bonds shall be made payable to the original county, shall bear the same rate of interest, be of similar tenor, and shall mature on the same date as the outstanding bonds of the original county on account of which the bonds of the new county are issued. The county commissioners of each new county shall annually levy and collect a tax to pay the interest on the bonds issued hereunder as it shall accrue and to meet and discharge the principal thereof at maturity, and the original county shall retain such bonds and not be allowed to dispose of or sell the same.
Source:
SL 1907, ch 100, §3; SL 1909, ch 81; RC 1919, §5772; SDC 1939, §12.0403.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-5 - Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share.

7-3-5. Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-6 - Sale of county bonds based on advertising and award before division.

7-3-6. Sale of county bonds based on advertising and award before division.
When such original county has, by and through its board of county commissioners, duly advertised for sale its funding bonds so voted and authorized, and has awarded such bonds to the highest and best bidder therefor pursuant to the advertisement for bids, it shall be unnecessary to advertise for sale, the funding bonds to be issued by the new county or counties and the original county as provided in §7-3-5, but each county may through its board of county commissioners sell and deliver its bonds hereby authorized to the person or persons and under the terms mentioned in the award of the original county as aforesaid.
Source:
SL 1907, ch 100, §3; SL 1909, ch 81; RC 1919, §5772; SDC 1939, §12.0403.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-7 - Inventory and apportionment of assets and liabilities by auditor-general.

7-3-7. Inventory and apportionment of assets and liabilities by auditor-general.
If a new county is organized or created out of an organized county in this state or in counties which have been divided and the liabilities and assets of the county as it existed prior to the division of the county have not been apportioned and divided by the board of county commissioners of the original county and the newly organized portion, the auditor-general of this state shall make an inventory of all of the assets and liabilities of the original county and the new county or counties and estimate the value and amount of the assets and liabilities. After notice to the county commissioners of the counties affected, the auditor-general shall apportion the liabilities and assets of the counties in the manner provided by law for the apportionment of bonded indebtedness.
Source:
SL 1917, ch 175, §1; RC 1919, §5776; SDC 1939, §12.0404; SL 2016, ch 44, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-8 - Auditor-general's report filed with county auditors--Conclusive evidence.

7-3-8. Auditor-general's report filed with county auditors--Conclusive evidence.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-9 - County action to set aside auditor-general's report--Time for filing--Estimate and appraisement as prima facie evidence.

7-3-9. County action to set aside auditor-general's report--Time for filing--Estimate and appraisement as prima facie evidence.
Any county affected by such apportionment as provided in §7-3-7, at any time within thirty days after the report of the auditor-general has been filed, may bring its action in equity in the circuit court of such county for the purpose of setting aside such apportionment and causing an apportionment to be made between the counties affected. The estimate and appraisement of the auditor-general shall be prima facie evidence of the facts and values therein stated and shall be admissible in evidence.
Source:
SL 1917, ch 175, §3; RC 1919, §5778; SDC 1939, §12.0405.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-10 - Auditor-general's apportionment final if no action brought.

7-3-10. Auditor-general's apportionment final if no action brought.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-11 - Warrants issued for settlement of accounts between counties.

7-3-11. Warrants issued for settlement of accounts between counties.
It shall be the duty of the boards of county commissioners of such counties at their next regular meeting after the expiration of thirty days from the filing of the report of the auditor-general, to issue warrants upon the several funds to the creditor county to pay any amounts ascertained by the auditor-general to be due; or, in case the report of the auditor-general is set aside, warrants shall be issued as herein provided within thirty days after the entry of final judgment in such matter.
Source:
SL 1917, ch 175, §4; RC 1919, §5779; SDC 1939, §12.0406.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-12 - Expenses of auditor-general--Apportionment and payment by counties.

7-3-12. Expenses of auditor-general--Apportionment and payment by counties.
For the work herein provided, the auditor-general shall be paid at the rate and in the manner fixed by law for such auditor-general, and the expense of making such apportionment shall be charged to each of the counties and the amount thereof apportioned to each county ratably upon the basis of the last equalized assessment previous to the division. It shall be the duty of the officers of the proper counties immediately after such service has been rendered to issue warrants therefor as provided by law in other cases.
Source:
SL 1917, ch 175, §5; RC 1919, §5780; SDC 1939, §12.0407.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-13 - Transfer of books, records, and files relating exclusively to new county.

7-3-13. Transfer of books, records, and files relating exclusively to new county.
Whenever an organized county has been or shall be divided and a division of the books, records, and files has not been made, it shall be the duty of the county commissioners of the new county or counties to procure from the original county, and it shall be the duty of the proper officers of the original county to surrender, all the books, records, and files of the several offices which relate exclusively to school districts, townships, and municipalities located within the territory embraced within such new county or counties. Such commissioners shall further procure, and it shall be the duty of the proper officers of the original county to surrender, all books, records, and files of the original county which in any manner affect exclusively property rights or interests in such new county or counties.
Source:
SL 1917, ch 174, §1; RC 1919, §5773; SDC 1939, §12.0408; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-17 - Transcript of records obtained by new county--Evidentiary value.

7-3-17. Transcript of records obtained by new county--Evidentiary value.
Whenever an organized county shall be divided, it shall be the duty of the board of county commissioners of such newly organized county at once to secure a full, true, and complete transcript of such records of the original county as may relate to, or in any manner affect, property rights or interests within such newly organized county and, when such records are transcribed and certified to as hereinafter provided, they shall have the same force and effect as though originally filed and recorded in such newly organized county and as the records of such original county, and shall be received in all courts in evidence with the same force and effect as such original records.
Source:
SL 1915, ch 132, §1; RC 1919, §5781; SDC 1939, §12.0410.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-18 - Contract for transcription of records for new county--Certification of instruments transcribed.

7-3-18. Contract for transcription of records for new county--Certification of instruments transcribed.
The board of county commissioners may contract the transcribing of records or any part thereof to the lowest and best bidder. The person transcribing the records of any particular office shall attach the transcriber's certificate without extra cost to each instrument or matter transcribed to the effect that the transcript is a full, true, and complete copy of the original instrument as it appears of record in the original county, showing book and page thereof. However, for any record transcribed from the office of the county treasurer or county auditor it is only necessary to make one certificate at the close of each book transcribed.
Source:
SL 1915, ch 132, §2; RC 1919, §5782; SDC 1939, §12.0411; SL 2016, ch 44, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-20 - Affidavit as to transcription of all records.

7-3-20. Affidavit as to transcription of all records.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-21 - County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed.

7-3-21. County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 03 - Division Of Counties › Section 7-3-22 - County commissioners' discretion in transcription of records.

7-3-22. County commissioners' discretion in transcription of records.
Any matter pertaining to the transcribing of such records, not before specifically designated, shall be left to the discretion of the board of county commissioners of such newly organized county subject to the right of appeal as provided by law.
Source:
SL 1915, ch 132, §5; RC 1919, §5785; SDC 1939, §12.0414.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 05 - Dissolution Of County Organization › Section 7-5-1 - Petition and election on abolishment of county organization--Form of ballot.

7-5-1. Petition and election on abolishment of county organization--Form of ballot.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 05 - Dissolution Of County Organization › Section 7-5-2 - Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness.

7-5-2. Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 05 - Dissolution Of County Organization › Section 7-5-3 - Communication to Legislature of election result--Attachment for judicial purposes after county organization dissolved.

7-5-3. Communication to Legislature of election result--Attachment for judicial purposes after county organization dissolved.
The Governor at the next convention of the annual session of the State Legislature shall communicate the result of such election in such county to the presiding officer of each branch of the Legislature, and thereupon the Legislature shall designate by joint resolution the county to which such county so voting to disorganize shall be attached for judicial purposes.
Source:
SL 1943, ch 45, §3; SDC Supp 1960, §12.3303.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 05 - Dissolution Of County Organization › Section 7-5-4 - Governor's proclamation of dissolution of county organization--Notice--Effective date.

7-5-4. Governor's proclamation of dissolution of county organization--Notice--Effective date.
Upon such designation by the Legislature, the Governor shall publicly proclaim the result of such election and of the designation of the county to which such disorganizing county shall be attached for state and judicial purposes, and officially notify the county auditor of the counties interested, and the disorganization of such county and its status as an unorganized county shall be in full force and effect on the first day of the month following such proclamation by the Governor.
Source:
SL 1943, ch 45, §4; SDC Supp 1960, §12.3304.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 05 - Dissolution Of County Organization › Section 7-5-5 - Laws applicable after county organization dissolved--Tax levy to pay indebtedness.

7-5-5. Laws applicable after county organization dissolved--Tax levy to pay indebtedness.
Such county so disorganized shall thereafter be subject to all the laws relating to unorganized counties, and all of the indebtedness of such county contracted when an organized county shall be paid out of taxes levied on the property in the territory embraced within the boundaries of such unorganized county as it previously existed as an organized county.
Source:
SL 1943, ch 45, §4; SDC Supp 1960, §12.3304.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-1 - Submission to voters of location of permanent county seat--Publication of notice.

7-6-1. Submission to voters of location of permanent county seat--Publication of notice.
The board of county commissioners of any organized county in this state in which the county seat has not been located by a majority vote, may submit the question of location of the county seat to the voters of its county at the next general election. Notice of the submission of the question shall be included in the notice published by the county auditor giving notice of the time and place of holding such general election.
Source:
SDC 1939, §12.0501; SL 1981, ch 44, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-2 - Form and casting of ballots for selection of county seat--Application of general election law.

7-6-2. Form and casting of ballots for selection of county seat--Application of general election law.
The ballots used at said election for the location of the county seat shall be in such form as the county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers, and shall be received and deposited in a separate ballot box, and the municipality receiving a majority of all the votes cast shall be the county seat, and the votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source:
SDC 1939, §12.0501; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-3 - Time required before resubmission of county seat location.

7-6-3. Time required before resubmission of county seat location.
If upon a canvass of the votes cast, as provided in §7-6-2, any municipality shall have received a majority of all votes cast at such election, the question of location of the county seat shall not again be submitted before the expiration of four years; provided that where such vote has already been had without a choice of location, the question of location of the county seat shall not again be submitted until the expiration of four years from the last election held therefor.
Source:
SDC 1939, §12.0501; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-4 - Relocating county seat--Petition--Verification--Election--Publication of notice.

7-6-4. Relocating county seat--Petition--Verification--Election--Publication of notice.
To relocate a county seat, a petition signed by twenty percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, must be filed with the county auditor on or before July first. The county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are registered voters of the county. A signature on a petition is invalid if signed more than six months before the date the petition is filed.
If the county auditor verifies that the petition meets the requirements of this section, the board of county commissioners shall submit the question of relocating the county seat to the people of the county at the next general election.
The county auditor shall publish notice of the submission of the question with the general election notices required by §12-12-1.
Source: SDC 1939, §12.0502; SL 1982, ch 60, §1; SL 1987, ch 67, §3; SL 2023, ch 21, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-5 - Form and casting of ballots on change of county seat--Application of general election law.

7-6-5. Form and casting of ballots on change of county seat--Application of general election law.
The ballots used at said election for the change of the county seat shall be in such form as the board of county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers and shall be received and deposited in a separate ballot box. If the proposition to change the county seat is ratified by two-thirds of the votes cast, then the municipality specified in the petition shall be the county seat. The votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source:
SDC 1939, §12.0502; SL 1981, ch 44, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-6 - Time required before resubmission of change of county seat.

7-6-6. Time required before resubmission of change of county seat.
If upon a canvass of the votes cast as provided in §7-6-5 any municipality shall not have received the vote as required by the Constitution, the question of the change of the location of the county seat shall not again be submitted before the expiration of four years.
Source:
SDC 1939, §12.0502; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 06 - County Seats › Section 7-6-7 - Moving to new county seat--Time permitted.

7-6-7. Moving to new county seat--Time permitted.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1 - Commencement of terms of county officers--Vacancy occurring before commencement of term.

7-7-1. Commencement of terms of county officers--Vacancy occurring before commencement of term.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.1 - County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices.

7-7-1.1. County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices.
Unless otherwise provided by county charter, at primary and general elections there shall be nominated and elected in each organized county of this state county officers as follows:
(1)In 1974 and each fourth year thereafter, a sheriff, county auditor, and register of deeds;
(2)In 1976 and each fourth year thereafter, a treasurer, state's attorney, and coroner.
The terms of all such officers shall be four years, or until their successors have been duly elected and qualified. Nevertheless, the term of any county office, combined with another pursuant to §7-7-1.2 or 7-7-1.3, shall expire on the first Monday of January following the ordinance authorizing the combination.
Source:
SL 1973, ch 48, §1; SL 1974, ch 56, §1; SL 1976, ch 66, §3; SL 1988, ch 65, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.2 - Combining county offices.

7-7-1.2. Combining county offices.
The board of county commissioners may, by ordinance, combine two or more county offices and that one person shall be elected to, and perform the duties of, the combined offices.
Source:
SL 1976, ch 66, §1; SL 1987, ch 67, §4; SL 1988, ch 65, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.3 - First election of officer for combined office--Term--Salary.

7-7-1.3. First election of officer for combined office--Term--Salary.
If a majority of those voting shall approve the question at the special election pursuant to §7-7-1.5 or if the offices are combined pursuant to §7-7-1.2, an officer shall be nominated and elected at the next general election to the combined office in the same manner provided by law for the election of other county officers. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election. The salary of the elective officer shall be the higher of either office combined.
Source:
SL 1976, ch 66, §2; SL 1988, ch 65, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.4 - Appointment--Coroner.

7-7-1.4. Appointment--Coroner.
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.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.5 - Submission of question of combined offices to voters--Procedure.

7-7-1.5. Submission of question of combined offices to voters--Procedure.
The board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question whether two or more county offices shall be combined and that one person shall be elected to, and perform the duties of, the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.
Source:
SL 1988, ch 65, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.6 - Submitting to voters the question of combining with other counties a county office--Procedure.

7-7-1.6. Submitting to voters the question of combining with other counties a county office--Procedure.
Notwithstanding the provisions of §7-7-1.1, the board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question of whether to combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.
Source:
SL 1988, ch 65, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.7 - Nomination and election of officer to combined office--Term.

7-7-1.7. Nomination and election of officer to combined office--Term.
If a majority of those voting in each county shall approve the question provided in §7-7-1.6 at the special election, an officer shall be nominated and elected at the next general election to the combined office provided for in §7-7-1.6. The officer shall be voted upon by the voters of the counties that have resolved to combine such office. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election.
Source:
SL 1988, ch 65, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.8 - Ordinance combining with other counties a county office.

7-7-1.8. Ordinance combining with other counties a county office.
Notwithstanding the provisions of §7-7-1.1, the board of county commissioners may by ordinance combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices.
Source:
SL 1988, ch 65, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.9 - Nomination and election of officer to combined office--Election--Term.

7-7-1.9. Nomination and election of officer to combined office--Election--Term.
An officer shall be nominated and elected at the next general election to the combined office provided for in §7-7-1.8. If the election submitted pursuant to §7-7-1.5 is held at a primary election, each candidate for the vacant officer shall run as an independent candidate as provided in chapter 12-7, except that the petition filing deadline shall be the first Tuesday in August. The officer shall be voted upon by the voters of the counties that have resolved to combine the office. Such officer shall hold office for a term of four years commencing on the first Monday of January following the officer's election.
Source:
SL 1988, ch 65, §8; SL 2002, ch 74, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-1.10 - Procedure upon vacancy of a combined office.

7-7-1.10. Procedure upon vacancy of a combined office.
If the offices are combined pursuant to §7-7-1.2 and a vacancy occurs in one of the combined offices, the county commission shall appoint the remaining officer to hold the newly combined position until an officer can be nominated and elected.
Source:
SL 1989, ch 65.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-2 - Hours of operation for county offices established by board of county commissioners--Exceptions.

7-7-2. Hours of operation for county offices established by board of county commissioners--Exceptions.
The board of county commissioners shall, by resolution, establish the hours of operation for each county government office, except for the offices of the sheriff and state's attorney. The county auditor's office shall remain open, if requested by the person in charge of a school or municipal election, until the closing of the polls and the tabulation of votes for that election.
Source:
SL 1943, ch 41; SL 1957, ch 499; SDC Supp 1960, §65.0407; SL 1965, ch 309; SL 1974, ch 55, §10; SL 1976, ch 68, §1; SL 1978, ch 54, §1; SL 2004, ch 68, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-2.1 - Closing of courthouse for emergency or severe weather.

7-7-2.1. Closing of courthouse for emergency or severe weather.
The chair of the board of county commissioners may close the courthouse in case of emergency or severe weather. The public shall be adequately notified. An emergency for the purpose of this section is an unforeseen occurrence or combination of circumstances that calls for immediate action or remedy.
Source:
SDCL §7-7-2 as added by SL 1976, ch 68, §§1, 2; SL 2016, ch 45, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-3 - Compensation of county commissioners.

7-7-3. Compensation of county commissioners.
The method of payment, whether per diem or salary, and the amount of per diem or salary shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the per diem amount for each day they are actually and necessarily employed in the duties and business relating to county affairs and the duties of their office and in attending and returning from sessions of the board. The county commissioners shall be allowed mileage for the distance actually traveled in attending the meetings of the board, or when engaged in other official duties. The per diem shall be paid out of the general county fund. The per diem shall be set by the commission on the first regular meeting date in January of each year.
Source:
SL 1868-9, ch 6, §22; PolC 1877, ch 39, §24; CL 1887, §1424; SL 1891, ch 48, §1; RPolC 1903, §1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, §5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, §12.1704; SL 1943, ch 28, §1; SL 1947, ch 38, §1; SL 1951, ch 26, §1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, §1; SL 1971, ch 42, §1; SL 1974, ch 57, §1; SL 1975, ch 71; SL 1978, ch 53, §1; SL 1989, ch 64; SL 2007, ch 36, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-4 - Mileage allowance for county commissioners.

7-7-4. Mileage allowance for county commissioners.
The county commissioners shall be paid traveling expenses for each mile traveled in the discharge of their official duties. For the purpose of this section, traveling expense incurred by county commissioners to attend meetings in the State of South Dakota, called for the purposes of instructing or exchange of information pertaining to county officers and government, are miles traveled in the discharge of their official duties.
Source:
SL 1933, ch 70; SDC 1939, §12.1710; SL 1943, ch 28, §2; SL 1947, ch 38, §2; SL 1951, ch 26, §2; SL 1953, ch 22, §6; SL 1968, ch 18, §1; SL 1978, ch 52, §1; SL 2015, ch 58, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-5 - Salary of county commissioners.

7-7-5. Salary of county commissioners.
The board of county commissioners may determine the salary of the commissioners. Such salary may be set by the board of county commissioners at its first regular meeting of each year. If the board of county commissioners fails to determine a salary, then the salary of a county commissioner in any one year is:
(1)Seven thousand two hundred thirty-three dollars as per diem or salary in counties of thirty thousand population or over;
(2)Six thousand five hundred sixty-six dollars as per diem or salary in counties of fifteen thousand population and over and not more than thirty thousand population;
(3)Five thousand three hundred ninety-seven dollars as per diem or salary in counties of eight thousand population and over and not more than fifteen thousand population;
(4)Four thousand eight hundred ninety-six dollars as per diem or salary in counties of less than eight thousand population.
Source:
SL 1868-9, ch 6, §22; PolC 1877, ch 39, §24; CL 1887, §1424; SL 1891, ch 48, §1; RPolC 1903, §1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, §5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, §12.1704; SL 1943, ch 28, §1; SL 1947, ch 38, §1; SL 1951, ch 26, §1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, §1; SL 1970, ch 44; SL 1973, ch 44; SL 1974, ch 57, §2; SL 1974, ch 58, §1; SL 1978, ch 53, §2; SL 1982, ch 61, §4; SL 1986, ch 63, §3B; SL 1988, ch 66, §1A; SL 1992, ch 52, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 07 - County Officers In General › Section 7-7-6 - Compensation of county commissioners acting in drainage matters.

7-7-6. Compensation of county commissioners acting in drainage matters.
When the members of such commission shall act in drainage matters, the rate of compensation shall be set by the commission and the amount so received shall not be included in the compensation provided in §7-7-5.
Source:
SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, §12.1704; SL 1943, ch 28, §1; SL 1947, ch 38, §1; SL 1951, ch 26; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, §1; SL 2007, ch 36, §2.