reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 23 - Municipal Warrants And Disbursements › Section 9-23-23 - Incidental account.

9-23-23. Incidental account.
A municipality may establish an incidental account in an amount determined by the governing body by setting aside on an imprest basis money from the general fund. The incidental account shall be kept and used by the officer designated by the governing body for advanced payment or for claims requiring immediate payment, not to exceed an amount established by the governing body. A detailed account of the expenditures from the incidental account shall be presented at regular intervals not to exceed one month with verified vouchers, itemized and supported by receipted bills or other information as general evidence of payment, which are subject to audit. All expenditures from this account shall be listed with other bills in the regular proceedings of the governing body. All claims made on the incidental account require the signatures of two officers of the municipality.
Source:
SL 2012, ch 56, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 24 - Actions Against Municipalities › Section 9-24-5 - Limitation of action against municipality, employee, official, or volunteer for personal injury or death.

9-24-5. Limitation of action against municipality, employee, official, or volunteer for personal injury or death.
Any action for recovery of damages for personal injury or death caused by the negligence of a municipality or its employees, elected and appointed officials, and volunteers authorized by the municipality at the time of the alleged negligent act shall be commenced within two years from the occurrence of the accident causing the injury or death. This section applies whether such person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not compensated.
Source:
SL 1907, ch 90, §1; RC 1919, §6339; SDC 1939, §45.1409; SL 1961, ch 251; SL 2011, ch 44, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 24 - Actions Against Municipalities › Section 9-24-6 - Municipal property exempt from taxation and execution.

9-24-6. Municipal property exempt from taxation and execution.
Property and assets of every kind belonging to any municipality shall be exempt from taxation and levy and sale on execution.
Source:
SL 1890, ch 37, art XXII, §3; RPolC 1903, §1382; RC 1919, §6574; SDC 1939, §45.1425.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 24 - Actions Against Municipalities › Section 9-24-7 - Maximum liability--Municipal airport--Accidents or occurrences.

9-24-7  .  Maximum liability--Municipal airport--Accidents or occurrences.
The maximum liability of any municipality operating an airport shall be five million dollars for any accident or occurrence at or in connection with the operation of the airport resulting in bodily injury or death to any person, or damage to property, or any combination thereof.
Source:  SL 2020, ch 203, § 1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-1 - General bonding power of municipalities.

9-25-1. General bonding power of municipalities.
Every municipality shall have power to borrow money on the credit of the municipality for any authorized corporate purpose within the constitutional limitations of municipal indebtedness and to issue its negotiable bonds therefor in such amounts, forms, and upon such conditions as it may lawfully prescribe and after authorization as provided by this title; and to issue its refunding, judgment, courthouse, and revenue bonds in the manner, for the purposes, and after authorization as provided by this title.
Source:
PolC 1877, ch 24, §27; CL 1887, §1048; SL 1890, ch 37, art V, §1, subdiv 5, 6; SL 1893, ch 33, §1; SL 1899, ch 51, §1; SL 1901, ch 199, §1; RPolC 1903, §1229, subdiv 5, 6; RPolC 1903, §§1385, 1394, 1446, 1484; SL 1903, ch 81; SL 1905, ch 65, §1; SL 1905, ch 155; SL 1907, ch 91, §1; SL 1909, ch 96; SL 1911, ch 99; SL 1913, ch 119, §53, subdiv 5, 6; RC 1919, §§6413, 6419, 6423, 6427; SL 1923, ch 228; SL 1931, ch 194, §2; SDC 1939, §45.0201 (6).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-2 - Execution of bonds and coupons--Facsimile signatures.

9-25-2. Execution of bonds and coupons--Facsimile signatures.
All bonds and coupons issued by the municipality shall be executed as contracts except that the facsimile signature of such officers to the coupons may be lithographed or engraved.
Source:
SL 1899, ch 51, §2; RPolC 1903, §1386; SL 1905, ch 155, §3; RC 1919, §6431; SDC 1939, §45.2308.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-12 - Promissory notes authorized--Sources of repayment--Recitals--Issuance and sale--Maximum term.

9-25-12. Promissory notes authorized--Sources of repayment--Recitals--Issuance and sale--Maximum term.
A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§9-25-13 to 9-25-16, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in §9-25-13 and do not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the notes set forth or set forth in the resolution authorizing the notes to the contrary notwithstanding. The notes shall recite the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§9-25-13 to 9-25-16, inclusive, and that the notes and the interest thereon are payable from the sources provided. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B. No election is required and the notes may not be issued for a term in excess of five years. However, a note issued for any loan authorized by the United States Department of Agriculture may be issued for a term of not more than ten years and an unsecured promissory note under the municipal debt limit may be issued for a term of not more than twenty years.
Source:
SL 1978, ch 63, §1; SL 1981, ch 70, §1; SL 1983, ch 62, §1; SL 1984, ch 43, §67B; SL 1991, ch 73, §1; SL 1994, ch 70; SL 2005, ch 52, §1; SL 2019, ch 54, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-13 - Maximum amount borrowed on promissory note.

9-25-13. Maximum amount borrowed on promissory note.
The money borrowed pursuant to §9-25-12 may not exceed the sum of ninety-five percent of the amount of anticipated special assessment bond proceeds or may not exceed the sum of ninety-five percent of the amount of uncollected taxes levied by the municipality for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, which have been earned by the municipality or committed by the state or federal governments but not collected at the date of borrowing.
Source:
SL 1978, ch 63, §2; SL 1981, ch 70, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-14 - Borrowing limit reduced by outstanding warrants and notes.

9-25-14. Borrowing limit reduced by outstanding warrants and notes.
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 §9-25-13 shall be reduced by the amount of such outstanding warrants or promissory notes.
Source:
SL 1978, ch 63, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-15 - Interest rate on promissory notes--Signature of notes.

9-25-15. Interest rate on promissory notes--Signature of notes.
The rate of interest shall be stated on the note authorized by §9-25-12. The notes shall be signed by the chief executive officer of the municipality and by the municipal finance officer.
Source:
SL 1978, ch 63, §4; SL 1981, ch 71.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 25 - Municipal Bonds And Notes › Section 9-25-16 - Cash receipts applied to payment of notes until retired.

9-25-16. Cash receipts applied to payment of notes until retired.
If a note authorized by §9-25-12 has been issued and not paid in full within the term provided in §9-25-12, then thereafter no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.
Source:
SL 1978, ch 63, §5; SL 1983, ch 62, §2; SL 1991, ch 73, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-1 - Authorization--Issuance--Sale.

9-26-1. Authorization--Issuance--Sale.
All bonds which are a general obligation of the municipality shall be authorized, issued, and sold as provided in chapter 6-8B.
Source:
SL 1890, ch 37, art V, §5; RPolC 1903, §1229, subdiv 5; SL 1911, ch 99; SL 1913, ch 119, §53, subdiv 5; RC 1919, §6413; SL 1923, ch 228; SDC 1939, §45.2301; SL 1949, ch 190, §1; SL 1984, ch 43, §68.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-13 - Courthouse bonds authorized--Use of proceeds of sale--Contract with county for municipal use of courthouse.

9-26-13. Courthouse bonds authorized--Use of proceeds of sale--Contract with county for municipal use of courthouse.
If a county seat has been located at any municipality and the county has no courthouse, the municipality may borrow money on its credit to assist the county in building a courthouse and to issue bonds therefor. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
The bonds or proceeds thereof shall be used in constructing or aiding in the construction of a courthouse in the municipality on land owned by the county in which the same is located, and in consideration of the aid the municipality may contract with the county to use the courthouse for municipal purposes.
Source:
SL 1893, ch 33, §§1 to 3; RPolC 1903, §§1394 to 1396; RC 1919, §§6427 to 6429; SDC 1939, §45.2321; SL 1984, ch 43, §69.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-20 - Judgment bonds authorized without submission to election.

9-26-20. Judgment bonds authorized without submission to election.
Whenever any municipality has issued and delivered its bonds and a judgment has been regularly recovered either upon the principal or upon the defaulted coupons belonging to such bonds establishing the validity thereof in a court of competent jurisdiction of this state or of the United States, or whenever any other money judgment has been regularly recovered against a municipality upon any other claim in any such court, such municipality for the purpose of paying or compromising such judgment whenever a majority of the members of the governing body by resolution duly passed shall declare it to be for the best interest of such municipality may issue the bonds of such municipality as herein provided without submitting the matter to a vote of the voters thereof.
Source:
SL 1903, ch 81; SL 1905, ch 65, §1; RC 1919, §6423; SDC 1939, §45.2317; SL 1964, ch 143.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-21 - Amount of judgment bonds--Issuance--Sale--Maximum levy in small municipalities.

9-26-21. Amount of judgment bonds--Issuance--Sale--Maximum levy in small municipalities.
The principal of the judgment bonds may not exceed the amount due upon the judgment at the date which the bonds bear. All bonds shall be issued and sold as provided in chapter 6-8B. However, in municipalities with less than five hundred population the tax levy for the bonds may not exceed ten dollars per thousand dollars of taxable valuation a year.
Source:
SL 1905, ch 65, §3; RC 1919, §6425; SL 1929, ch 78; SDC 1939, §45.2319; SL 1975, ch 47, §8; SL 1982, ch 75, §5; SL 1983, ch 63; SL 1984, ch 43, §70.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-22 - Compromise of judgment by delivery of bonds to creditor.

9-26-22. Compromise of judgment by delivery of bonds to creditor.
Any municipality may compromise and settle with any such judgment creditor by the delivery of any amount of judgment bonds less than the amount due upon such judgment that such creditor may be willing to accept in settlement of such judgment.
Source:
SL 1905, ch 65, §4; RC 1919, §6426; SDC 1939, §45.2320.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-23 - Agreement with judgment creditor for satisfaction of judgment on delivery of bonds--Filing of agreement.

9-26-23. Agreement with judgment creditor for satisfaction of judgment on delivery of bonds--Filing of agreement.
No judgment bonds shall be issued and delivered to the judgment creditor until after the execution of an agreement between such municipality and such judgment creditor to the effect that upon the payment of the principal and interest upon said bonds according to the terms thereof, such judgment shall be satisfied and discharged, and that prior to the payment in full of the principal and interest of said bonds, together with interest thereon according to the terms and conditions thereof, said judgment shall remain in full force and effect as security for the payment of such principal and interest; and that so long as such municipality shall not make default for more than sixty days in the payment of the principal of such bonds or of the interest thereon, said judgment creditor shall take no proceedings at law or otherwise to enforce payment of such judgment.
Such agreement shall be executed in triplicate and one copy thereof shall be delivered to the judgment creditor, one copy shall remain in the custody of the auditor or clerk, and the third copy shall be filed in the office of the clerk of the court in which such judgment is entered and a memorandum of such contract entered upon the judgment docket of the court.
Source:
SL 1905, ch 65, §2; RC 1919, §6424; SDC 1939, §45.2318.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-24 - Validity of bonds not impaired by misapplication of proceeds--Change of purpose by new election.

9-26-24. Validity of bonds not impaired by misapplication of proceeds--Change of purpose by new election.
The validity of bonds which have been sold and the proceeds thereof received by the municipality shall not be impaired by the failure to use the proceeds for the authorized purpose or the insufficiency of the proceeds to accomplish such purpose in whole or in part, but the use of all or part of the proceeds for another purpose may be submitted to and authorized by the voters in the same manner as would have been required if the bonds had originally been authorized for the new purpose; provided, that the proceeds of funding or refunding bonds shall never be used for any purpose other than the payment of outstanding indebtedness.
Source:
SDC 1939, §45.2301 as added by SL 1949, ch 190, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-25 - Tax levy for retirement of general obligation bonds.

9-26-25. Tax levy for retirement of general obligation bonds.
Whenever any general obligation bonds are issued by a municipality, it shall be the duty of the governing body by ordinance to levy an annual tax upon the taxable property within the municipality of such an amount as will pay the annual interest thereon and the principal of said bonds at the time they become due.
Source:
SD Const, art 13, §5; RC 1919, §6998; SL 1919, ch 270; SL 1931, ch 188; SDC 1939, §45.2303; SL 1949, ch 190, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-26 - Transmission of tax levy to county auditor--Application to property within municipality.

9-26-26. Transmission of tax levy to county auditor--Application to property within municipality.
Within thirty days after the adoption and publication of the ordinance required by §9-26-25 the auditor or clerk shall transmit to the county auditor a certified copy thereof.
Thereupon the county auditor shall spread the tax levied in said ordinance upon all of the taxable property within the municipality at the same time that the other general taxes are spread upon the tax records in his office, and he shall continue so to do from year to year until the provisions of the tax levy in said ordinance are complied with. When any municipality issuing bonds is located within more than one county a copy of the tax levy ordinance shall be certified to the auditor of each such county, who shall spread each annual levy upon all of the taxable property in the municipality and in his county, in such proportion as the assessed valuation of such property bears to the total assessed valuation of taxable property within the municipality.
Source:
SL 1919, ch 270; SL 1931, ch 188; SDC 1939, §45.2303; SL 1949, ch 190, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 26 - General Obligation Bonds › Section 9-26-27 - Tax proceeds placed in debt service fund--Application of debt service fund--Reduction of levy after transfers to debt service fund.

9-26-27. Tax proceeds placed in debt service fund--Application of debt service fund--Reduction of levy after transfers to debt service fund.
All taxes so levied when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that if any moneys shall upon the expiration of any fiscal year be transferred from other funds and irrevocably appropriated to said debt service fund, pursuant to the provisions of §9-21-26.1, the governing body may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by such lesser amount as shall be directed by the governing body.
Source:
SDC 1939, §45.2303 as added by SL 1949, ch 190, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-1 - Appropriation and condemnation of private property--Resolution of necessity.

9-27-1. Appropriation and condemnation of private property--Resolution of necessity.
Except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the Supreme Court.
Source:
SL 1890, ch 37, art XIX, §1; RPolC 1903, §1340; SL 1905, ch 154, §§2, 3; RC 1919, §6571; SDC 1939, §45.2712.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-2 - Acceptance of deed in satisfaction of tax or assessment lien--Freedom from other liens required.

9-27-2. Acceptance of deed in satisfaction of tax or assessment lien--Freedom from other liens required.
Any municipality may accept, as herein provided, from the owner a deed to any real estate within the boundary of such municipality in cases where the municipality has a lien on said real estate for general taxes or special assessments.
The governing body shall not accept such deed to any real estate that is not free from the lien of any mortgage, mechanic's lien, judgment, or other lien or encumbrance except the lien of the state, county, school district, or other taxing subdivision for general taxes, or other special assessments that are a prior lien on said real estate.
Source:
SL 1935, ch 156, §§1, 2; SDC 1939, §45.2120.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-3 - Payment by municipality of prior lien--Foreclosure after municipal failure to pay.

9-27-3. Payment by municipality of prior lien--Foreclosure after municipal failure to pay.
The governing body shall have power to pay a prior lien or liens out of any moneys in its general fund in order to protect its interests in property described by §9-27-2. The holder of a prior lien may foreclose or otherwise realize upon the same if such municipality shall fail to pay said lien either by a sale of such property or otherwise within ninety days after written demand shall have been made upon the governing body.
Source:
SL 1935, ch 156, §3; SDC 1939, §45.2120.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-8 - Proceeds of sale applied to payment of liens--Cancellation of unpaid balance.

9-27-8. Proceeds of sale applied to payment of liens--Cancellation of unpaid balance.
Such municipality shall hold real estate acquired pursuant to §9-27-2 as a trustee for itself and any other taxing unit having a lien thereon, and upon a sale of said real estate all such liens shall be paid in their order of priority. When all the money received less costs has been applied upon the payment of the tax liens, if there be any unpaid balance left, it shall be canceled.
Source:
SL 1935, ch 156, §3; SDC 1939, §45.2120.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-9 - Purchase of tax sale certificates authorized--Amount paid to county.

9-27-9. Purchase of tax sale certificates authorized--Amount paid to county.
Every municipality shall have power to purchase the assignment of tax sale certificates as provided by this section. Whenever any county has bid in at tax sale any lot within the limits of any municipality, the governing body thereof may authorize by resolution the treasurer to demand of the county treasurer an assignment of such certificate of tax sale. Thereupon the county treasurer shall make out and deliver to such municipality an assignment of such certificate upon payment to him of the amount of all the original taxes against such lot, after deducting the amount of the tax belonging to such municipality exclusive of any penalties, interest, or costs.
Source:
SL 1899, ch 48, §1; RPolC 1903, §1562; RC 1919, §6533; SL 1931, ch 199, §1; SDC 1939, §§45.0201 (83), 45.1431.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-29 - Conveyance to school district of property not required for public purposes.

9-27-29. Conveyance to school district of property not required for public purposes.
Every municipality may convey any real property which is now or may hereafter be held or owned by it, the title to which has been or may be obtained from any source and which is not held for public use or which is about to be abandoned for public purposes, to the school district in which such municipality is located, to be used by the district for school purposes, without offering the property for sale and without requiring the school district to pay therefor.
Source:
SL 1925, ch 244, §1; SDC 1939, §45.2710; SL 1981, ch 44, §30.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-30 - Resolution for transfer to school district--Deed of conveyance.

9-27-30. Resolution for transfer to school district--Deed of conveyance.
Whenever the governing body deems it advisable and to the best interests of the municipality to convey any property to a school district pursuant to §9-27-29, it shall by resolution direct that the property be so transferred and conveyed.
Thereupon a deed of conveyance shall be made to the school district, which deed shall vest in the school district all the right, title, and interest of the municipality in and to the real property so conveyed.
Source:
SL 1925, ch 244, §2; SDC 1939, §45.2710; SL 1981, ch 44, §31.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-31 - Petition for donation of courthouse site to county--Submission to voters.

9-27-31. Petition for donation of courthouse site to county--Submission to voters.
If any municipality owns land which is suitable for a site upon which to build a courthouse for the county in which such municipality is located, and the county seat of such county has been permanently located in such municipality, fifteen percent of the registered voters of such municipality, based upon the total number of registered voters at the last preceding general election, may petition that the question of donating such site to the county for a courthouse building site be submitted to a vote of the municipality. The petition shall be filed with the municipal finance officer twenty days before the election. The governing body shall submit the proposition to the voters of such municipality either at the annual municipal election or at a special election called for that purpose.
The question shall be submitted on a separate ballot, which shall be in the form and which shall be cast in the manner provided by chapter 9-13.
Source:
SL 1915, ch 157, §§1, 2; RC 1919, §§6576, 6577; SDC 1939, §45.2709; SL 1987, ch 67, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-32 - Conveyance to county of courthouse site after approval by voters.

9-27-32. Conveyance to county of courthouse site after approval by voters.
If a majority of those voting upon a proposition submitted pursuant to §9-27-31 are in favor of such donation, the governing body shall be authorized to execute a conveyance to such land to such county for a courthouse building site.
Source:
SL 1915, ch 157, §3; RC 1919, §6578; SDC 1939, §45.2709.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-33 - Acquisition and conveyance or lease to United States of sites for federal buildings.

9-27-33. Acquisition and conveyance or lease to United States of sites for federal buildings.
Every municipality shall have power to acquire land within the limits of such municipality as sites for federal buildings or institutions which have been or may be located therein by the government of the United States, and to sell, convey, or lease property so acquired to the United States upon such terms as may be determined by the governing body.
Source:
SL 1931, ch 201; SDC 1939, §45.2711.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-34 - Exchange of lands with United States.

9-27-34. Exchange of lands with United States.
Any municipality or other political subdivision of the State of South Dakota, is hereby authorized and empowered to exchange by and with the approval of the federal government, or any agency thereof, any lands or other properties belonging to such municipality or such political subdivision for any lands belonging to the United States of America, or any agency thereof, located within the county making such exchange, or located within the county in which such municipality or such political subdivision is situated. Such exchanges, transfers, and conveyances from one to the other shall be made upon such terms, conditions, and in such manner as may be determined and agreed upon by the parties to such exchanges.
Source:
SL 1953, ch 499; SDC Supp 1960, §45.0208.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-34.1 - Exchange of land with private owner--Appraisal--Public notice and hearing.

9-27-34.1. Exchange of land with private owner--Appraisal--Public notice and hearing.
Any municipality may, by resolution, exchange any land belonging to such municipality with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the real property to be appraised by a board of three disinterested appraisers who are freeholders within the municipality or by one or more persons licensed by the state to do fee appraisals. Any exchange shall be made upon such terms, conditions and in such manner as may be determined and agreed upon by the parties, following public notice and hearing. The notice of the proposed exchange and hearing shall be published once at least ten days before the hearing. The notice shall contain a description of the lands to be exchanged.
Source:
SL 1987, ch 65, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-35 - Validation of prior conveyances by municipalities--Limitation on enforcement of vested rights.

9-27-35. Validation of prior conveyances by municipalities--Limitation on enforcement of vested rights.
All instruments of conveyance of real property made by any municipal corporation prior to January 1, 1992, are, notwithstanding any omission, irregularities, defects, in the proceedings and resolutions, had and taken by said municipal corporation to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyance shall operate to convey to the person named as such grantee in such instruments of conveyance, all of the right, title and interest of said municipal corporation in and to such real property.
If any person has any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun before July 1, 1993, such right shall be forever barred; and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state unless, before July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1955, ch 444; SDC Supp 1960, §65.0333; SL 1963, ch 462; SL 1976, ch 83; SL 1985, ch 64; SL 1992, ch 307, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-36 - Sale or lease of municipal real property for industrial development or public purposes--Terms of lease.

9-27-36. Sale or lease of municipal real property for industrial development or public purposes--Terms of lease.
Every municipality shall have power to lease or sell on a negotiated basis and to convey any of its real property to a county or the state or another municipality, or to a nonprofit local industrial development corporation as defined by §9-27-37 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 governing body.
Source:
SL 1976, ch 63, §1; SL 1977, ch 48, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 27 - Acquisition And Disposition Of Real Estate › Section 9-27-37 - Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.

9-27-37. Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
Local industrial development corporation, as that term is used in §9-27-36, is any 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. The corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than ten members in municipalities of the first class and no fewer than five in municipalities of the second and third class. 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 at least 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 this section and §9-27-36. 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 1990, ch 63; SL 1996, ch 40, §3; SL 2000, ch 36, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-1 - Territorial jurisdiction of municipalities.

9-29-1. Territorial jurisdiction of municipalities.
Every municipality shall have power to exercise jurisdiction for all authorized purposes over all territory within the corporate limits and over any public ground or park belonging to the municipality, whether within or without the corporate limits, and in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits or of any public ground or park belonging to the municipality outside the corporate limits, for the purpose of promoting the health, safety, morals, and general welfare of the community, and of enforcing its ordinances and resolutions relating thereto.
Source:
PolC 1877, ch 24, §23; CL 1887, §1044; SL 1890, ch 37, art IV, §15; RPolC 1903, §§1212, 1439; SL 1913, ch 119, §30; RC 1919, §6187; SL 1931, ch 193; SDC 1939, §45.0201 (24).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-2 - Regulation of police of municipality.

9-29-2. Regulation of police of municipality.
Every municipality shall have power to regulate the police of the municipality and pass and enforce all necessary police ordinances.
Source:
SL 1913, ch 119, §53, subdiv 56; RC 1919, §6169 (34); SDC 1939, §45.0201 (23).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-3 - Prohibition of disorders and disturbances.

9-29-3. Prohibition of disorders and disturbances.
Every municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place.
Source:
PolC 1877, ch 24, §22, subdiv 12; CL 1887, §1043, subdiv 12; SL 1890, ch 37, art V, §1, subdiv 47, 57; RPolC 1903, §1229, subdiv 47, 57; RPolC 1903, §1438, subdiv 12; SL 1913, ch 119, §53, subdiv 47, 57; RC 1919, §6169 (35), (36); SDC 1939, §45.0201 (25).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-4 - Disorderly houses and houses of ill fame.

9-29-4. Disorderly houses and houses of ill fame.
Every municipality shall have power to suppress bawdy or disorderly houses and houses of ill fame.
Source:
SL 1890, ch 37, art V, §1, subdiv 34; RPolC 1903, §1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, §53, subdiv 34; RC 1919, §6169 (57); SDC 1939, §45.0201 (28).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-5 - Gambling and fraudulent practices--Seizure and destruction of instruments and devices--Exemption of state lottery.

9-29-5. Gambling and fraudulent practices--Seizure and destruction of instruments and devices--Exemption of state lottery.
Any municipality may suppress gambling, gaming and gambling houses, lotteries and all fraudulent devices and practices used for obtaining money or property. Any municipality may enter any place where any such activity is practiced or allowed to be practiced, and seize and destroy any instrument, device or thing used for such purpose found therein. The provisions of this section do not apply to any lottery owned and operated by this state.
Source:
SL 1890, ch 37, art V, §1, subdiv 34; RPolC 1903, §1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, §53, subdiv 34; RC 1919, §6169 (57); SDC 1939, §45.0201 (29); SL 1987, ch 313, §41.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-6 - Retailing of alcoholic beverages.

9-29-6. Retailing of alcoholic beverages.
Every municipality shall have power to engage in retailing alcoholic beverages as provided in Title 35.
Source:
SDC 1939, §45.0201 (31); SL 1971, ch 65, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-7 - Regulation of alcoholic beverage sales, use, and consumption.

9-29-7. Regulation of alcoholic beverage sales, use, and consumption.
Each municipality may prohibit or regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, establish the number of on- and off-sale licenses which may be issued and the fees to be charged for the licenses, and provide for reasonable classifications of on-sale and off-sale licenses consistent with the provisions of Title 35.
Source:
SL 1941, ch 209; SDC Supp 1960, §45.0201-1 (3); SL 1971, ch 65, §2; SL 1980, ch 251, §3; SL 2010, ch 183, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-9 - Obscene and immoral publications.

9-29-9. Obscene and immoral publications.
Every municipality shall have power to prohibit the sale or exhibition of any obscene or immoral publication, print, film, picture, or illustration.
Source:
SL 1890, ch 37, art V, §1, subdiv 34; RPolC 1903, §1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, §53, subdiv 34; RC 1919, §6169 (57); SDC 1939, §45.0201 (27).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-10 - Begging.

9-29-10. Begging.
A municipality may regulate the practice of begging.
Source:
SL 1890, ch 37, art V, §1, subdiv 59; RPolC 1903, §1229, subdiv 59; SL 1909, ch 50; SL 1913, ch 119, §53, subdiv 59; RC 1919, §6169 (63); SDC 1939, §45.0201 (26); SL 1981, ch 44, §32; SL 1982, ch 77.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-11 - Cruelty to animals.

9-29-11. Cruelty to animals.
Every municipality shall have power to prohibit and punish cruelty to animals.
Source:
SL 1890, ch 37, art V, §1, subdiv 58; RPolC 1903, §1229, subdiv 58; SL 1913, ch 119, §53, subdiv 58; RC 1919, §6169 (39); SDC 1939, §45.0201 (46).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-12 - Animals running at large--Pounds--Dog licenses.

9-29-12. Animals running at large--Pounds--Dog licenses.
Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large.
Source:
SL 1890, ch 37, art V, §1, subdiv 65; RPolC 1903, §1229, subdiv 65; RPolC 1903, §1438, subdiv 5, 17; SL 1907, ch 86; SL 1913, ch 119, §53, subdiv 65; SL 1913, ch 120; RC 1919, §6169 (37), (38); SDC 1939, §45.0201 (47).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-13 - Abatement of nuisances.

9-29-13. Abatement of nuisances.
Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same.
Source:
SL 1890, ch 37, art V, §1, subdiv 60; RPolC 1903, §1229, subdiv 60; RPolC 1903, §1438, subdiv 4; SL 1913, ch 119, §53, subdiv 60; RC 1919, §6169 (40); SDC 1939, §45.0201 (34).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-14 - Fences and party walls.

9-29-14. Fences and party walls.
Every municipality shall have power to regulate partition fences and party walls.
Source:
SL 1890, ch 37, art V, §1, subdiv 48; RPolC 1903, §1229, subdiv 48; SL 1913, ch 119, §53, subdiv 48; RC 1919, §6169 (28); SDC 1939, §45.0201 (49).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-15 - Interference with radio reception.

9-29-15. Interference with radio reception.
Every municipality shall have power to regulate the installation and operation of motors and other electrical or mechanical devices so as to prevent interference with radio reception.
Source:
SL 1929, ch 196; SDC 1939, §45.0201 (50).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-16 - Police powers of mayor, commissioners, and town marshals.

9-29-16. Police powers of mayor, commissioners, and town marshals.
The mayor of a first or second class municipality having a common council, each member of a board of city commissioners, and each town marshal shall possess, within the jurisdiction of the municipality, all the powers conferred by law upon sheriffs to suppress disorder and keep the peace.
Source:
PolC 1877, ch 24, §41; CL 1887, §1066; SL 1890, ch 37, art III, §6; RPolC 1903, §§1187, 1455; SL 1905, ch 170, §1; SL 1913, ch 119, §24; RC 1919, §6279; SDC 1939, §45.1112; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-17 - Mayor's power to summon aid in preserving order.

9-29-17. Mayor's power to summon aid in preserving order.
The mayor of every first or second class municipality shall have the power, when necessary, to call upon every inhabitant of the municipality over the age of eighteen years to aid in enforcing the laws and ordinances, and to call out any organized militia within the county in which the municipality is situated, in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the Governor as commander in chief thereof.
Source:
SL 1890, ch 37, art III, §11; RPolC 1903, §1192; SL 1913, ch 119, §27; RC 1919, §6280; SDC 1939, §45.1113; SL 1981, ch 44, §33; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-18 - Duties of chief of police.

9-29-18. Duties of chief of police.
The chief of police shall perform such duties as shall be prescribed by the governing body for the preservation of the peace.
Source:
SL 1890, ch 37, art XIII, §1; RPolC 1903, §1282; SL 1913, ch 119, §101; RC 1919, §6301; SL 1923, ch 239, §1; SDC 1939, §45.1133.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-19 - Powers of policemen--Arrest.

9-29-19. Powers of policemen--Arrest.
All policemen of any municipality shall possess the powers of constables. They may pursue and arrest any person fleeing from justice in any part of the state, and when performing the duties aforesaid may arrest and detain any person guilty of any breach of the peace or any violation of the laws of the state or ordinance of the municipality.
Source:
SL 1890, ch 37, art XIII, §1; RPolC 1903, §1282; SL 1913, ch 119, §101; RC 1919, §6301; SL 1923, ch 239, §1; SDC 1939, §45.1133; SL 1981, ch 44, §34.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-19.1 - Arrest for ordinance violation--Complaint--Release on promise to appear.

9-29-19.1. Arrest for ordinance violation--Complaint--Release on promise to appear.
Whenever any person is arrested for a violation of any municipal ordinance, which occurs in the presence of the arresting law enforcement officer, such officer may take the name and address of the person arrested and issue a complaint or otherwise notify him in writing to appear at a time and place to be specified in such complaint or notice. The time so specified shall be at least five days after the arrest unless the person arrested shall demand an earlier hearing. Such officer may allow the person arrested an earlier hearing. Such officer may allow the person arrested to be released from custody, upon the giving by such person of his written promise to appear at such time and place. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.
Source:
SL 1977, ch 76.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-20 - Powers of sheriff or constable within municipality.

9-29-20. Powers of sheriff or constable within municipality.
The sheriff or any constable of the county or counties in which the municipality is situated may serve any process or make any arrest authorized to be made by any municipal officer.
Source:
SL 1890, ch 37, art V, §6; RPolC 1903, §1233; SL 1913, ch 119, §57; RC 1919, §6313; SDC 1939, §45.1140.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-21 - Salaried police receiving fees for criminal process as misdemeanor.

9-29-21. Salaried police receiving fees for criminal process as misdemeanor.
It is a Class 2 misdemeanor for any chief of police or other policeman receiving a salary for services to charge or receive any fee or compensation for the service of any process issued out of any court of this state in any criminal case.
Source:
SL 1911, ch 155, §3; RC 1919, §6304; SDC 1939, §45.1135; SL 1981, ch 43, §19.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-22 - Costs in unsuccessful prosecutions for ordinance violations.

9-29-22. Costs in unsuccessful prosecutions for ordinance violations.
In any action prosecuted by the city attorney for the violation of any municipal ordinance, if unsuccessful, the municipality shall pay the costs.
Source:
SL 1907, ch 191, §25; SL 1909, ch 176, §12; SL 1915, ch 151, §1; RC 1919, §6314; SDC 1939, §45.1141; SL 1947, ch 203; SL 1981, ch 44, §35.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 29 - General Police Powers And Violations › Section 9-29-23 - Release and remission of penalties for ordinance violations.

9-29-23. Release and remission of penalties for ordinance violations.
The mayor in first or second class municipalities having a common council, and the governing body in all other municipalities may release any person imprisoned for violation of any ordinance or remit any fine or penalty for violation thereof, the reasons therefor being made a matter of record in the office of the auditor or clerk.
Source:
SL 1890, ch 37, art III, §8; RPolC 1903, §1188; SL 1913, ch 119, §25; RC 1919, §6281; SDC 1939, §45.1114; SL 1992, ch 60, §2.