reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-1 - Continuation of existing townships.

8-1-1. Continuation of existing townships.
The civil townships heretofore established shall remain as they are, subject to alteration or division as provided in this chapter.
Source:
SL 1890, ch 34, §3; RPolC 1903, §992; RC 1919, §6028; SDC 1939, §58.0101.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-2 - Division of county into townships--Boundaries--Alterations.

8-1-2. Division of county into townships--Boundaries--Alterations.
The board of county commissioners shall continue to divide the county into as many civil townships as the conveniences of the citizens may require, and shall accurately define the boundaries thereof, and may from time to time make such alterations in the number, names, and boundaries thereof as it may deem proper, by advice of the people as provided for in this chapter.
Source:
SL 1890, ch 34, §1; RPolC 1903, §987; RC 1919, §6029; SDC 1939, §58.0102.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-3 - Maximum size and minimum number of voters in civil township.

8-1-3. Maximum size and minimum number of voters in civil township.
Any contiguous territory that has at least five resident voters and includes a maximum of four congressional townships, together with any fractional townships that are contiguous with any of the congressional townships, may be organized as a civil township.
Source:
SDC 1939, §58.0103; SL 1980, ch 59, §1; SL 1996, ch 58, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-4 - Boundary descriptions recorded by county commissioners--Alterations in boundaries.

8-1-4. Boundary descriptions recorded by county commissioners--Alterations in boundaries.
A description of the boundaries of each new civil township shall be entered at length in the records of the board of county commissioners; also all alterations in the boundaries of all civil townships which may be hereafter made.
Source:
SL 1890, ch 34, §2; RPolC 1903, §988; RC 1919, §6031; SDC 1939, §58.0104.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-5 - Organization of civil township on petition of voters.

8-1-5. Organization of civil township on petition of voters.
Whenever a majority of the legal voters of a civil township, formed as provided in §8-1-2, shall petition the board of county commissioners for civil township organization, such board shall perfect the civil township organization thereof by appointing a board of supervisors for such township to act until its officers are duly elected and qualified as provided by this title.
Source:
SL 1890, ch 34, §5; RPolC 1903, §990; RC 1919, §6032; SDC 1939, §58.0105.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-6 - Name of organized township.

8-1-6. Name of organized township.
The township so organized shall be named in accordance with the expressed wish of a majority of the voters thereof; but if they fail to so designate a name, the board of county commissioners may select the name.
Source:
SL 1890, ch 34, §10; RPolC 1903, §991; RC 1919, §6033; SDC 1939, §58.0106.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-7 - Reorganization, division or merger of civil townships authorized.

8-1-7. Reorganization, division or merger of civil townships authorized.
Any township may be reorganized, divided, or merged as provided in §§8-1-8, 8-1-9, and 8-1-10 if each resulting township contains at least five resident voters.
Source:
SDC 1939, §58.0107; SL 1996, ch 58, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-8 - Conditions for organization, reorganization, division, or merger of townships or of fractions of townships--Petition by voters.

8-1-8. Conditions for organization, reorganization, division, or merger of townships or of fractions of townships--Petition by voters.
Any township or fraction of a township may be organized, reorganized, divided, or merged with another township or fraction of a township, subject to approval by the voters in the affected civil townships and the affected portions of unorganized congressional townships as provided in §§8-1-7 to 8-1-10, inclusive, if:
(1)The board of county commissioners proposes that the townships or fractions of townships be reorganized, divided, or merged;
(2)The affected township boards propose to the board of county commissioners that the townships or fractions of townships be reorganized, divided, or merged; or
(3)A majority of the registered voters residing in the affected townships petition the board of county commissioners to propose that the townships or fractions of townships be organized, reorganized, divided, or merged.
Source: SDC 1939, §58.0114; SL 1957, ch 484; SL 1996, ch 58, §3; SL 2023, ch 23, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-9 - Hearing to consider proposed organization, reorganization, division, or merger of township or fraction of township--Notice.

8-1-9. Hearing to consider proposed organization, reorganization, division, or merger of township or fraction of township--Notice.
If the conditions of subdivision 8-1-8(1), (2), or (3) are met, the board of county commissioners must hold a public hearing to consider the proposed organization, reorganization, division, or merger. The hearing may be conducted in conjunction with a regularly scheduled meeting of the board of county commissioners. At least twenty days before the hearing, the board of county commissioners shall publish notice of the hearing in the official newspapers of the county and shall send the notice to the township clerk and to each member of the board of supervisors of the affected townships.
Source: SDC 1939, §58.0108; SL 1980, ch 59, §2; SL 1996, ch 58, §4; SL 2023, ch 23, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-10 - Election to decide reorganization, division, or merger of townships.

8-1-10. Election to decide reorganization, division, or merger of townships.
Following the hearing required in §8-1-9, the proposed reorganization, division, or merger shall be decided by the voters of the affected civil townships and the affected portions of unorganized congressional townships by ballot at the next regular township election. Any registered voter residing in the affected portion of an unorganized congressional township shall be afforded the opportunity to vote in conjunction with the election held in the township to which the unorganized area is proposed to be attached, except that the votes of such persons shall be tabulated separately by officials of the township. The board of supervisors of each affected township shall publish notice of election in the same manner as provided in chapter 8-3 for publication of notice of the annual township meeting. If any portion of an unorganized congressional township is proposed to be attached to a civil township, the affected civil township shall also publish its notice in any official newspaper of the county that is not an official newspaper of the township. If a majority of the votes cast in each of the affected townships and in the affected portion of each affected unorganized congressional township are in favor of the proposed reorganization, division, or merger, the proposal shall be implemented as provided in this chapter. If no vote is cast by any resident of an affected portion of a civil township or unorganized congressional township, the board of county commissioners of the county in which the affected portion is located shall determine the status of the affected portion for purposes of deciding the results of the election in the affected portion.
Source:
SDC 1939, §58.0108; SL 1996, ch 58, §5.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-11 - Name of merged township or newly separated township.

8-1-11. Name of merged township or newly separated township.
Any civil township so formed by merger of townships or by separation from the original township shall be named in accordance with the expressed wish of a majority of the legal voters of the new township; but if they fail to designate a name, or the same cannot be properly given to such township, the board of county commissioners may designate a name.
Source:
SDC 1939, §58.0110; SL 1996, ch 58, §6.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-12 - First annual meeting in newly separated township.

8-1-12. First annual meeting in newly separated township.
The board of county commissioners shall designate suitable places in each new civil township so formed for holding the first annual township meeting. Notice of the time and place of holding the annual township meeting shall be given by the township clerk of the township so divided as provided by law.
Source:
SDC 1939, §58.0109; SL 1963, ch 451, §1; SL 1996, ch 58, §7.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-13 - Continuation of civil township from which separation made.

8-1-13. Continuation of civil township from which separation made.
The civil township, a division of which has been declared as hereinbefore provided, shall continue as previously organized, and the officers thereof shall hold their offices until the next annual township meeting, at which meeting there shall be elected in each of the new townships so organized, by the legal voters thereof, all the township officers provided by law.
Source:
SL 1890, ch 34, §11; RPolC 1903, §997; RC 1919, §6038; SDC 1939, §58.0111.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-14 - Adjustment of assets and indebtedness after division, reorganization or merger of townships.

8-1-14. Adjustment of assets and indebtedness after division, reorganization or merger of townships.
If any civil township is subdivided, reorganized, or merged according to the provisions of this chapter, which has been bonded for school or other purposes, or against which there is any other outstanding indebtedness, and if money raised by taxation in the township has been expended for the erection of school buildings or other public improvements, which on such subdivision, reorganization, or merger inures to the benefit of one of the new townships to a greater extent than is equitable, the matter shall be adjusted as provided in §§8-1-15 to 8-1-19, inclusive.
Source:
SDC 1939, §58.0112; SL 1996, ch 58, §8.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-15 - Board for adjustment and settlement after reorganization, division or merger of township.

8-1-15. Board for adjustment and settlement after reorganization, division or merger of township.
Within ten days after the election and qualification of the boards of supervisors of the respective townships that have been reorganized, divided, or merged as provided in §8-1-8, each of the boards shall appoint one suitable person, who shall be a legal voter of the township where appointed, and the board of county commissioners at its first meeting after the township election shall choose one disinterested person, who shall be a legal voter of the county but not a resident of either of the townships. The three persons so appointed shall constitute a board for the adjustment and settlement of all differences between the townships growing out of the division, reorganization, or merger of the original township.
Source:
SDC 1939, §58.0112; SL 1996, ch 58, §9.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-16 - First meeting of board of adjustment.

8-1-16. First meeting of board of adjustment.
The first meeting of such board of adjustment shall be at a time and place to be designated by the board of county commissioners at the time of its appointment.
Source:
SL 1890, ch 34, §14; RPolC 1903, §1000; RC 1919, §6041; SDC 1939, §58.0113.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-17 - Powers of board of adjustment--Criteria for adjustment.

8-1-17. Powers of board of adjustment--Criteria for adjustment.
The board of adjustment may determine and declare what portion of the bonded or other indebtedness of the original township shall be assumed and paid by each of the new townships so organized, and also to ascertain and determine what sum either of the new townships shall pay to the other on account of school buildings or other public improvements which the township may have received prior to and retained on the division, reorganization, or merger, and also to make a just and equitable division of all money or other property belonging to the original township at the time of the division, reorganization, or merger. All such divisions and adjustments shall be made, as near as may be, on the basis of the assessed valuation of property in each of the townships, as determined by the director of equalization for the year preceding the division, reorganization, or merger, and on the value of the school buildings and other property at the time of the division, reorganization, or merger of the townships.
Source:
SDC 1939, §58.0112; SL 1989, ch 82, §41; SL 1996, ch 58, §10.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-18 - Filing of determination by board of adjustment--Binding effect.

8-1-18. Filing of determination by board of adjustment--Binding effect.
A written statement of the determination of such board, signed by the members or a majority thereof shall be filed with the township clerk of each of the newly organized townships and also with the county auditor, which determination, when so filed, shall be binding upon each of the townships to which the same relates.
Source:
SL 1890, ch 34, §13; RPolC 1903, §999; RC 1919, §6040; SDC 1939, §58.0113.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-19 - Compensation of board of adjustment.

8-1-19. Compensation of board of adjustment.
Each member of the board of adjustment shall receive a sum not to exceed thirty dollars per day for each day employed in the discharge of his duties. The sum shall be paid in equal portions by the townships represented by the board.
Source:
SL 1890, ch 34, §15; RPolC 1903, §1001; RC 1919, §6042; SDC 1939, §58.0113; SL 1981, ch 60, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-20 - Petition for separation of village from civil township--Contents and number of signers.

8-1-20. Petition for separation of village from civil township--Contents and number of signers.
Whenever in any civil township, whether such civil township is or is not coextensive in area with a congressional township, containing an area platted, developed, and occupied as a village in which reside more than twenty-five percent of the legal voters of the civil township, in which village legal voters are no less than fifty in number, and which village has a population of not less than one hundred and has not been incorporated as a municipality, sixty percent of the legal voters residing in the portion of the civil township outside the area of the village shall petition the board of county commissioners, the existing or original civil township shall be divided and the area of the village and the area of the balance of the original civil township shall be set apart and each organized into a separate civil township. The said petition shall describe the original civil township, the area of the village and give the approximate number of legal voters therein, describe the area of the balance of the original civil township and give the approximate number of legal voters therein and state that it is the wish of the signers that the original civil township be divided and that the village area and the area outside the village be set apart and each organized as a separate civil township; said petition shall have endorsed thereon and attached thereto an affidavit of three or more of the signers that it is signed by sixty percent of the legal voters of the area outside the village area.
Source:
SDC 1939, §58.0114 as added by SL 1957, ch 484.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-21 - Notice of consideration by county commissioners of petition for separation of village.

8-1-21. Notice of consideration by county commissioners of petition for separation of village.
Upon filing such petition with the county auditor such board shall appoint a time and place for consideration of such petition, not less than twenty days thereafter, and shall cause notice thereof to be sent by regular mail or delivered personally to the township clerk and to each member of the board of supervisors of the original civil township at least twenty days before the date set for hearing.
Source:
SDC 1939, §58.0114 as added by SL 1957, ch 484.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-22 - Hearing by county commissioners on separation of village from township--Decision and determination of boundaries.

8-1-22. Hearing by county commissioners on separation of village from township--Decision and determination of boundaries.
At the time and place so appointed such board of county commissioners shall proceed to the consideration of such petition, and shall at the same time afford opportunity to any resident of the civil township to be affected thereby to be heard in opposition thereto, and if upon such hearing it shall appear to such board that such petition is signed by and is in accordance with the wishes of sixty percent of the legal voters of the portion of said civil township outside the area of the village, such board shall proceed at once to divide such original civil township into separate civil townships, determine and fix the boundaries of such civil townships resulting from such division. All proceedings thereupon shall be as provided in §§8-1-7 to 8-1-9, inclusive, for the division and reorganization of townships.
Source:
SDC 1939, §58.0114 as added by SL 1957, ch 484.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-23 - Petition and election on abolition of township organization.

8-1-23. Petition and election on abolition of township organization.
Except as provided in §8-1-28, if fifteen percent of the registered voters of any civil township, based upon the total number of registered voters at the last preceding general election, petition the township clerk, the clerk, at the direction of the board of supervisors, shall call an election. The election shall be called in the manner prescribed by law for holding special township meetings and the question shall be submitted, "Shall the civil township organization of __________ township be abolished?" "Yes." "No." The election shall be held within sixty days of the filing of the petition and in the manner provided by law for holding elections for the election of civil township officers. The township clerk shall provide a sufficient number of printed ballots for the proper conduct of the election.
Source:
SDC 1939, §58.0115; SL 1987, ch 67, §8; SL 2002, ch 43, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-23.1 - Waiting period for filing petition of abolition.

8-1-23.1. Waiting period for filing petition of abolition.
No petition to abolish a township may be filed within one year following an election on the question of abolishing the township.
Source:
SL 2002, ch 43, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-24 - Abolition of township organization on approval by voters--Abstract of votes--Delivery of township property to county auditor.

8-1-24. Abolition of township organization on approval by voters--Abstract of votes--Delivery of township property to county auditor.
If a majority of the votes cast at such election shall be in favor of abolishing such civil township organization, it shall be abolished. The clerk of such township shall forthwith transmit to the county auditor, a statement of such action, together with an abstract of the number of votes cast for and against such proposition at such election. Within thirty days after the holding of such election the officers of such township shall deliver to the county auditor all township books, moneys, papers, and personal property of every kind, and shall thereupon cease to be such officers.
Source:
SL 1897, ch 117, §§3, 4; RPolC 1903, §§1165, 1166; RC 1919, §6151; SDC 1939, §58.0116.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-25 - Deposit of money and property after abolition of township organization.

8-1-25. Deposit of money and property after abolition of township organization.
The county auditor shall pay all money so received to the county treasurer to be by him disposed of as provided in this chapter. The county auditor shall make an inventory of all books, records, papers, and personal property so received. The books, papers, and records shall become a part of the permanent record of such auditor's office. The auditor shall be the custodian of all personal property belonging to such civil township until it is disposed of as provided in this chapter.
Source:
SL 1897, ch 117, §4; RPolC 1903, §1166; RC 1919, §6151; SDC 1939, §58.0116; SL 1981, ch 44, §12.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-26 - Payment of indebtedness after abolition of township organization--Disposition of property--Tax levy for outstanding indebtedness.

8-1-26. Payment of indebtedness after abolition of township organization--Disposition of property--Tax levy for outstanding indebtedness.
At its next session the board of county commissioners shall audit the accounts of such township and shall order the payment of its outstanding debts out of any money in the hands of the county treasurer to the credit of such township, and shall dispose of the personal property of such township and place the proceeds of such sale in the custody of the county treasurer to the credit of such township. If there be not sufficient money for the payment of all outstanding indebtedness, the board of county commissioners shall levy a tax sufficient for such purpose upon the property situated in such territory, which shall be extended by the county auditor upon the tax lists for the year following such election and shall be collected by the county treasurer, and shall be devoted to the extinguishing of the debts of such township in the order of their priority as shown by the records of such township.
Source:
SL 1897, ch 117, §5; RPolC 1903, §1167; RC 1919, §6151; SDC 1939, §58.0116.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-27 - Surplus funds expended for road work after abolition of township organization.

8-1-27. Surplus funds expended for road work after abolition of township organization.
At its first meeting after any township ceases to be a civil township as provided by this chapter, the board of county commissioners shall expend all money in the hands of the county treasurer to the credit of such township, in excess of the amount required to pay the indebtedness of such township, for road work in such former township territory according to the laws governing such road work.
Source:
SL 1897, ch 117, §6; RPolC 1903, §1168; RC 1919, §6152; SDC 1939, §58.0117.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-28 - Township with real property or bonded indebtedness not permitted to abolish organization.

8-1-28. Township with real property or bonded indebtedness not permitted to abolish organization.
The provisions of §§8-1-23 to 8-1-27, inclusive, relating to abolishing of township organizations shall not apply to any township having an outstanding bonded indebtedness nor to any township owning any real property.
Source:
SL 1897, ch 117, §7; RPolC 1903, §1169; RC 1919, §6153; SDC 1939, §58.0118.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-29 - Reestablishment of township--Reestablishment defined.

8-1-29. Reestablishment of township--Reestablishment defined.
Any township may be reestablished pursuant to §§8-1-29 to 8-1-32, inclusive, if such township contains at least five resident voters. For the purposes of §§8-1-29 to 8-1-32, inclusive, the term, reestablishment, means organizing a township that has been dissolved.
Source:
SL 2004, ch 71, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-30 - Reestablishment of township proposed by county commissioners or petition of voters.

8-1-30. Reestablishment of township proposed by county commissioners or petition of voters.
Any township may be reestablished subject to approval by the voters in any unorganized congressional township as provided in §§8-1-29 to 8-1-32, inclusive, if:
(1)The board of county commissioners proposes that the township be reestablished; or
(2)Fifteen percent of the registered voters residing in the affected township petition the board of county commissioners proposing that the township be reestablished.
Source:
SL 2004, ch 71, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-31 - Public hearing on reestablishment of township--Notice.

8-1-31. Public hearing on reestablishment of township--Notice.
If one of the conditions of §8-1-30 is met, the board of county commissioners shall hold a public hearing to consider the proposed reestablishment. The hearing may be conducted in conjunction with a regularly scheduled meeting of the board. At least twenty days before the hearing, the board shall publish notice of the hearing in the official newspapers of the county.
Source:
SL 2004, ch 71, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 01 - Establishment, Division, Organization And Disorganization Of Townships › Section 8-1-32 - Election on reestablishment of township.

8-1-32. Election on reestablishment of township.
Following the hearing required in §8-1-31, the proposed reestablishment shall be decided by the voters of the affected civil townships on the date set for the township election by the board of county commissioners. Any registered voter residing in the affected portion of an unorganized congressional township shall be afforded the opportunity to vote. If a majority of the votes cast in the township are in favor of the proposed reestablishment, the proposal shall be implemented as provided in this chapter.
Source:
SL 2004, ch 71, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-1 - General corporate and regulatory powers.

8-2-1. General corporate and regulatory powers.
Each organized township in the state is a body corporate and has power:
(1)To sue and be sued;
(2)To acquire, by purchase, condemnation, or other lawful means, real property within or without the limits of the township, necessary or convenient for township purposes, or for the exercise of the powers granted to the township;
(3)To make such contracts and purchase and hold such personal property as may be necessary for the exercise of its corporate or administrative powers or for the protection of the property of its inhabitants, including the purchase of or contracting for fire-fighting equipment or protection;
(4)To pass bylaws or ordinances for the government of such township and for the protection of the lives and property of its inhabitants, and to enforce the same in its corporate name before any magistrate;
(5)To make such orders for the disposition, regulation, or use of its corporate property as may be deemed by the board of supervisors conducive to the best interests of the inhabitants.
Source:
SL 1872-3, ch 51, §8; PolC 1877, ch 23, §7; CL 1887, §711; SL 1901, ch 200, §1; RPolC 1903, §1003; RC 1919, §6044; SL 1919, ch 347; SL 1925, ch 290; SDC 1939, §58.0201 (1) to (5); SL 1941, ch 365; SL 1974, ch 153, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-2 - Transactions and conveyances in township name.

8-2-2. Transactions and conveyances in township name.
All transactions by or with a township in its corporate capacity shall be conducted in the name of such township, but any conveyance of land within the limits of such township, made in any manner for the use and benefit of its inhabitants, shall have the same effect as if made to the township by name.
Source:
SL 1872-3, ch 51, §10; PolC 1877, ch 23, §9; SL 1883, ch 112, subch 1, §10; CL 1887, §713; RPolC 1903, §1005; RC 1919, §6046; SDC 1939, §58.0203.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-3 - Proceedings by and against township in township name.

8-2-3. Proceedings by and against township in township name.
In all actions and proceedings the township shall sue and be sued by its name, except where township officers are authorized by law to sue in their official capacity for the benefit of the township.
Source:
SL 1883, ch 112, subch 1, §92; CL 1887, §805; RPolC 1903, §1099; RC 1919, §6117; SDC 1939, §58.0809.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-6 - Township public library services.

8-2-6. Township public library services.
Each organized township in the state has power to provide for public library services, subject however to the same conditions as provided in chapter 14-2, and all provisions of such chapter, so far as reasonably adapted to townships, apply with reference to the establishment, management, and operation of such library services.
Source:
SL 1913, ch 217, §§7 to 13; SL 1915, ch 195, §2; RC 1919, §§9934 to 9940; SDC 1939, §58.0201 (7); SL 1976, ch 143, §25.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-7 - Liability insurance purchased by township.

8-2-7. Liability insurance purchased by township.
Any township in this state may, through its board of supervisors, when and to the extent deemed expedient by said board, obtain and pay for public liability insurance insuring the township, its board, officers, and employees from any and all claims for damages arising from or caused in the discharge, performance, or nonperformance of their duties or employment.
Source:
SL 1957, ch 486; SDC Supp 1960, §58.0201-1; SL 1963, ch 453.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-8 - Regulatory powers of township containing unincorporated town.

8-2-8. Regulatory powers of township containing unincorporated town.
Each organized township in the state has power, when an unincorporated town is within its limits:
(1)To regulate the laying of sidewalks and crosswalks along, over, or across the streets and alleys thereof;
(2)To regulate the depositing of garbage, ashes, offal, or any offensive matter which might endanger the health of its inhabitants;
(3)To prohibit within the limits of such unincorporated town the use of dangerous or defective stovepipes or chimneys;
(4)To abate any nuisance found within its corporate limits;
(5)To provide for the purchase and operation of such appliances as may be needed to protect the property of its inhabitants from fire;
(6)To provide for planting and caring for shade trees along the streets and on public squares or grounds of such town;
(7)To grant franchises and rights to persons, associations, or corporations, for the sale of electric current, the erection of lampposts, electric towers, light or powerlines, or other apparatus;
(8)To authorize and regulate the erection and maintenance of street lamps, but the township shall incur no expense for such erection or maintenance;
(9)To vote any appropriation necessary for providing a jail, and prescribe such regulations as may be necessary regarding the same. Any civil township providing such jail shall cause notice of the same to be published in the newspaper having the largest circulation in such township, if there be any, or cause the township clerk to post notice therefor in three of the most public places in the township;
(10)To construct, operate, equip, maintain, extend, and improve any system or part of a system of waterworks and sewers for supplying water and sewerage services for an unincorporated town within its boundaries for industrial and domestic use therein, for such compensation and terms and conditions as it may determine;
(11)To purchase, construct, maintain, operate, and lease parks and public recreational facilities when approved by the voters as provided by subdivision 8-3-2(8).
Source:
Subd. (1) to (6): SL 1901, ch 200; RPolC 1903, §1003, subdiv 6; RC 1919, §6044 (5); SL 1919, ch 347; SL 1925, ch 290; SDC 1939, §58.0201 (6). Subd. (7) and (8): SL 1925, ch 290; SDC 1939, §58.0201 (6). Subd. (9): PolC 1877, ch 23, §§39, 40; CL 1887, §§841, 842; RPolC 1903, §§1148, 1149; RC 1919, §§6138, 6139; SDC 1939, §58.0201 (6). Subd. (10): SDC 1939, §58.0201 (6) as added by SL 1963, ch 452; SL 1968, ch 265; SL 1977, ch 65.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-9 - Regulatory powers of township adjacent to large municipality--Subordination to powers of county or municipality.

8-2-9. Regulatory powers of township adjacent to large municipality--Subordination to powers of county or municipality.
Each organized township in the state has power, when a municipality with a population of fifty thousand or more is within four miles of the township:
(1)To regulate the depositing of garbage, ashes, offal, or any offensive matter which might endanger the health of its inhabitants;
(2)To compel any privy, sewer or cesspool maintained in such a manner as not to be offensive or endanger the health of any persons in the township;
(3)To prevent the pollution of or any injury to any water supply;
(4)To do what may be necessary or expedient for the promotion of health or the suppression of disease;
(5)To regulate the moving of any house or building into, within, or out of the township, and to prevent the moving into the township of any house or building of dangerous construction or condition, and to require that a license or permit shall first be obtained from the board of township supervisors before any house or building may be moved into, within, or out of the township. The granting of such license or permit shall be within the sound discretion of the board of township supervisors and no house or building shall be moved into, within, or out of the township until such permit or license has first been issued;
(6)To prescribe the manner of constructing buildings and structures to be erected within the township, and to require that a building permit shall be first obtained from the board of township supervisors before the construction of any building or structure within the township;
(7)To prevent and provide for remedying any dangerous construction or condition of any building, enclosure or manufactory or any equipment used therein, and to require all buildings and places to be put in a safe condition;
(8)To regulate and restrict the height, and size of buildings and other structures and the location and use of buildings, structures and land for trade, industry, residence or other purposes, with the object of promoting the health, safety, morals and the general welfare of the township, and for such purpose to divide the township into districts for zoning purposes;
(9)To abate any nuisance found within its corporate limits;
(10)To compel compliance with and to prevent the violation of any of the provisions of this section.
The powers as provided in this section shall be subordinate to any zoning or other powers of the county or adjoining municipality when such powers are, or shall be, exercised by said county or municipality in respect to said township.
Source:
SDC 1939, §58.0201 (9) as added by SL 1959, ch 448, §§1, 2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-10 - Powers restricted to those expressly granted.

8-2-10. Powers restricted to those expressly granted.
No organized township shall possess or exercise any powers except such as are enumerated in this chapter, or are especially given by law or are necessary to the exercise of the powers so enumerated or granted.
Source:
SL 1872-3, ch 51, §9; PolC 1877, ch 23, §8; SL 1883, ch 112, subch 1, §9; CL 1887, §712; RPolC 1903, §1004; RC 1919, §6045; SDC 1939, §58.0202.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-11 - Publication of township bylaws and changes--Effect.

8-2-11. Publication of township bylaws and changes--Effect.
No bylaw made by any township shall take effect before the publication thereof for three consecutive days in a daily, or for two consecutive weeks in a weekly newspaper of general circulation in said township; and such bylaws, duly made and so published, are binding upon all persons coming within the limits of the township as well as upon the inhabitants thereof, and shall remain in force until altered or repealed at some subsequent township meeting.
The township clerk shall publish notice of any changes in the bylaws in the manner hereinbefore provided and shall make an entry in the township records of the time when and the manner in which such notice was published.
Source:
SL 1883, ch 112, subch 1, §§14, 15; CL 1887, §§735, 736; RPolC 1903, §§1027, 1028; RC 1919, §§6067, 6068; SDC 1939, §58.0205; SL 1963, ch 451, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-12 - Remedies for trespass on township lands.

8-2-12. Remedies for trespass on township lands.
Whenever any action is brought to recover a penalty imposed for any trespass committed on the lands belonging to the township, if it appears on the trial thereof that the actual amount of injury to such lands in consequence of such trespass exceeds the sum of twelve dollars and fifty cents, the amount of actual damage with costs of suit shall be recovered in such action instead of any penalty for such trespass imposed by the township meeting, and such recovery shall be a bar to every other action for the same trespass.
Source:
SL 1872-3, ch 51, §87; PolC 1877, ch 23, §75; SL 1883, ch 112, subch 1, §96; CL 1887, §809; RPolC 1903, §1102; RC 1919, §6120; SDC 1939, §58.0812.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-14 - Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.

8-2-14. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any township with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the township or by the volunteer firefighters and may be managed through the township or through an insurance company or other financial institution. Such program shall be established by ordinance. Each township shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source:
SL 1986, ch 71, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-14.1 - Deferred compensation program for volunteer advanced life support personnel.

8-2-14.1. Deferred compensation program for volunteer advanced life support personnel.
Any township with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the township or by the volunteer advanced life support personnel and may be managed through the township or through an insurance company or other financial institution. Such program shall be established by ordinance. Each township shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source:
SL 2011, ch 36, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-15 - Regulation and maintenance of abandoned cemeteries.

8-2-15. Regulation and maintenance of abandoned cemeteries.
The township board of supervisors may regulate and maintain abandoned rural cemeteries within their township. The regulation and maintenance may include the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. Funds necessary to carry out the provisions of this section may be appropriated from the township general fund. The board of supervisors shall notify the board of county commissioners in writing that the board of supervisors will maintain an abandoned cemetery.
Source:
SL 1993, ch 67.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 02 - Powers And Obligations Of Organized Townships › Section 8-2-16 - Enrollment in group health, life, and disability income insurance plans--Premiums.

8-2-16. Enrollment in group health, life, and disability income insurance plans--Premiums.
A township may enroll in any group health insurance plan, group life insurance plan, or group disability income insurance plan permitted by law to be offered in this state for township officers and any employee of the township who is employed for a minimum of one thousand forty hours per year by the township. A township may only pay the premiums or any portion thereof for the insurance programs allowed by this section for such employee.
Source:
SL 2010, ch 39, §1; SL 2014, ch 48, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-1 - Time and place of annual meeting--Publication of notice.

8-3-1. Time and place of annual meeting--Publication of notice.
The citizens of each organized civil township qualified to vote at general elections shall annually assemble and hold a township meeting on the first Tuesday of March. The township board of supervisors shall by resolution establish the location where the annual township meeting shall be held. The location of the annual meeting shall be in the county where the township is located. Notice of the time and place of such township meeting shall be given by the publication thereof for three consecutive days in a daily, or for two consecutive weeks in a weekly newspaper of general circulation in the township beginning not less than twelve calendar days prior to such meeting. In case of inclement weather, any required township meeting may be rescheduled for the following Tuesday at the same place and location without additional publication in the newspaper and meeting requirements provided in §1-25-1.1. If the board of supervisors requires nominating petitions pursuant to §8-3-1.1, the notice required by this section shall include the names and the office they seek of those who have filed nominating petitions pursuant to §8-3-1.2.
Source:
SL 1872-3, ch 51, §11; PolC 1877, ch 23, §11; SL 1883, ch 112, subch 1, §11; CL 1887, §714; SL 1899, ch 85, §1; RPolC 1903, §1006; RC 1919, §6047; SDC 1939, §58.0301; SL 1963, ch 451, §1; SL 1989, ch 70, §1; SL 1990, ch 56, §4; SL 1992, ch 58, §1; SL 2014, ch 48, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-1.1 - Authority to require nominating petition.

8-3-1.1. Authority to require nominating petition.
The board of supervisors of a township may, by ordinance, require a candidate for township office to file a nominating petition pursuant to §8-3-1.2. If a township has fifty or more registered voters, ten percent or more of the registered voters may file a petition, by October first, requesting that nomination petitions be filed by all candidates for township office. If such petition is filed, the board of supervisors shall adopt a resolution requiring each candidate for township office to file a nominating petition pursuant to §8-3-1.2.
Source:
SL 1990, ch 56, §1; SL 1998, ch 43, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-1.2 - Filing nominating petition--Contents--Circulation prior to meeting.

8-3-1.2. Filing nominating petition--Contents--Circulation prior to meeting.
If the board of supervisors requires nominating petitions pursuant to §8-3-1.1, no candidate for elective township office may be nominated unless a nominating petition is filed with the township clerk no later than five p.m. of the day twenty-five days prior to the annual township meeting at which such officer is to be elected. The nominating petition shall be signed by no less than ten registered voters of the township and shall be on a form approved by the state board of elections. The nominating petition shall contain the name of the candidate, his residence and business address, and the office for which he is nominated. A formal declaration of the candidate shall be signed by him prior to the circulation of petitions. The signed declaration of the candidate, or a facsimile thereof, may accompany and be part of the petition. The original signed declaration shall accompany and be a part of the petition. The signer or the circulator of the petition shall add the signer's residence address and the date of the signing. No petition may be circulated until forty-five days prior to the annual meeting.
Source:
SL 1990, ch 56, §2.