reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-12 - "Local government" defined.

6-1-12."Local government" defined.
As used in §6-1-13 local government unit is any political subdivision of this state including a county, township, municipality, or other unit of government, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
Source:
SL 1990, ch 51, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-13 - Rent control of private residential property prohibited.

6-1-13. Rent control of private residential property prohibited.
No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
Source:
SL 1990, ch 51, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-14 - Limitation on delegation, transfer, or assignment of taxing authority.

6-1-14. Limitation on delegation, transfer, or assignment of taxing authority.
No governing body of any county, municipality, school district, township, or special taxing district may delegate, transfer, or assign its taxing authority to any commission, board, person, or corporate entity which is entirely or partly comprised of members not duly elected by the voters of said jurisdiction.
Source:
SL 1995, ch 265, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-15 - Health and dental insurance.

6-1-15. Health and dental insurance.
Any municipality, county, or school district may obtain and pay for all forms of health insurance, a dental insurance plan, or both, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24.
Source:
SL 1997, ch 31, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-16 - Insurance for retiring employees.

6-1-16. Insurance for retiring employees.
Any municipality, county, or school district may provide for health insurance for retiring employees and their spouses and dependents as the governing body may deem appropriate.
Source:
SL 1997, ch 31, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-17 - Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.

6-1-17. Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.
No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:
(1)The official has a direct pecuniary interest in the matter before the governing body; or
(2)At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.
If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.
Source:
SL 2005, ch 40, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-18 - Officer may consider relevant information from any source--Reliance on experience.

6-1-18. Officer may consider relevant information from any source--Reliance on experience.
An elected or appointed municipal, county, or township officer may receive and consider relevant information from any source to perform the duties of office. An elected or appointed municipal, county, or township officer may rely on his or her own experience and background on any official matters, subject to the applicable law and rule concerning recusal and disqualification of a public officer.
Source:
SL 2015, ch 54, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-19 - Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution.

6-1-19. Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution.
Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding any proposed ordinance, resolution, or regulation on any subject is legislative in nature and may be conducted informally to the extent the officer deems necessary to secure public comment on matters of public interest. The formal rules of procedure and evidence do not apply to the conduct of the public hearing or meeting. This provision does not abrogate any open meeting requirements in chapter 1-25.
Source:
SL 2015, ch 54, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-20 - Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence.

6-1-20. Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence.
Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding a quasi-judicial matter as defined in subdivision 1-32-1(10) may be conducted informally to secure the information required to make a decision. The formal rules of procedure and evidence do not apply to the conduct of the public hearing or meeting. If an officer relies upon any evidence not produced at a public hearing or meeting, the officer shall disclose the evidence publicly and include the information in the public record to afford all parties an opportunity to respond or participate. Failure to make this disclosure may be grounds for the municipal, county, or township officer's disqualification for that particular decision, pursuant to the grounds for disqualification pursuant to §6-1-21.
Source:
SL 2015, ch 54, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-21 - Grounds for disqualification of officer in quasi-judicial proceeding.

6-1-21. Grounds for disqualification of officer in quasi-judicial proceeding.
An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in another capacity. An elected or appointed officer is presumed to be objective and capable of making decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general experience and background. Only by a showing of clear and convincing evidence that the officer's authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.
Source:
SL 2015, ch 54, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-22 - Members of governing bodies displaced by natural disaster to continue term of office.

6-1-22. Members of governing bodies displaced by natural disaster to continue term of office.
Any member of a governing body of a county, municipality, school district, township, or special purpose district, who is displaced from the district, county, municipality, township, ward, or precinct from which the member was elected or appointed to serve by flood, tornado, fire, or other natural disaster may continue to serve until the expiration of the member's term.
Source:
SL 2016, ch 42, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-23 - Fuel gas appliances--Ban prohibited--Exclusions.

6-1-23. Fuel gas appliances--Ban prohibited--Exclusions.
No local ordinance or regulation may prohibit the use, production, manufacture, or transport of fuel gas appliances within the state. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to prohibit the use, production, manufacture, or transport of fuel gas appliances within the state.
For the purpose of this section, the term, fuel gas, means natural gas or propane.
Source: SL 2023, ch 19, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 01 - Acts and Records of Local Officers › Section 6-1-24 - Fuel gas service--Ban prohibited--Exclusions.

6-1-24. Fuel gas service--Ban prohibited--Exclusions.
No local governmental unit, as defined in §6-1-12, may enact or implement any ordinance, resolution, or policy that prohibits or has the effect of prohibiting the use, production, or transportation of natural gas, propane, or any other fuel gas service as a type or class of service. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to affect a prohibition on the use, production, or transportation of natural gas, propane, or any other fuel gas service as a type or class of service.
Source: SL 2023, ch 20, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 02 - Liquidation of Retirement Programs › Section 6-2-1 - Liquidation authorized--Vested rights protected.

6-2-1. Liquidation authorized--Vested rights protected.
Authority is herewith granted any governmental subdivision of this state to liquidate any pension, annuity, or other retirement program existing between the subdivisions of government and its employees where no vested rights in the employees are involved, or, where vested rights are involved, to liquidate such a program with the consent of all the employees covered by the program. Liquidation may be had in such instances by formal action of the governing body of the subdivision of government, without more.
Source:
SL 1951, ch 101, §1; SDC Supp 1960, §17.1213.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 02 - Liquidation of Retirement Programs › Section 6-2-2 - Security for employees retired before liquidation--Retention of funds.

6-2-2. Security for employees retired before liquidation--Retention of funds.
In the event any subdivision of government shall liquidate any pension, annuity, or other retirement program existing between the subdivision of government and its employees, the subdivision of government is herewith authorized to secure any employee retired before liquidation of the program in his retirement in a program substantially equivalent to the retirement for which he qualified and the subdivision of government shall retain so much of the money-raising powers granted it to effect the program in the first instance as is necessary to so secure such retired employees.
Source:
SL 1951, ch 101, §2; SDC Supp 1960, §17.1213.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 02 - Liquidation of Retirement Programs › Section 6-2-3 - Judges' retirement program unaffected.

6-2-3. Judges' retirement program unaffected.
Nothing within the provisions of this chapter shall change or alter the effect of any pension, annuity, or other retirement program authorized and established by the Legislature of the State of South Dakota relating to Supreme and Circuit Court judges.
Source:
SL 1951, ch 101, §3; SDC Supp 1960, §17.1213.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-1 - Construction, furnishing, operation, and maintenance of common building authorized--Use of existing building.

6-3-1. Construction, furnishing, operation, and maintenance of common building authorized--Use of existing building.
As used in §§6-3-1 to 6-3-8, inclusive, the term, political subdivision, means any county, any municipality, improvement district, or any school district. Any two or more political subdivisions, each of which has territory overlapping that of all of the others, may agree in the manner set forth in §6-3-2 to acquire a site for, purchase or construct, equip, furnish, operate, and maintain a public building for their common use, for the purposes authorized by law in the case of each such subdivision, or to improve, extend, equip, and furnish, for such purposes, any such building previously owned by the participating subdivisions or any of them.
Source:
SL 1949, ch 447, §1; SDC Supp 1960, §65.0714; SL 1991, ch 64, §8; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-2 - Execution of agreement for common building--Contents and filing--Amendment and supplementation.

6-3-2. Execution of agreement for common building--Contents and filing--Amendment and supplementation.
The agreement referred to in §6-3-1 shall be set forth in writing, approved by resolutions of the governing bodies of the participating political subdivisions and executed by their officers thereunto duly authorized, and shall state the purposes for which the building or improvement shall be used, the estimated cost thereof, the estimated amount of such cost to be borne by each subdivision, the proportion and method of allocating the expenses of operation and maintenance of such building or improvement, and the disposition to be made of any revenues to be derived therefrom; and copies of such written agreement shall be filed and kept of public record by the recording officers of each participating subdivision. Such agreement may be amended or supplemented from time to time by action of the governing bodies of the participating subdivisions, and all such amendments or supplements shall be filed with the recording officers of the respective subdivisions.
Source:
SL 1949, ch 447, §2; SDC Supp 1960, §65.0715.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-3 - Appropriations and bonds authorized for common building--Bond issue prohibited until financing provisions complete.

6-3-3. Appropriations and bonds authorized for common building--Bond issue prohibited until financing provisions complete.
The governing body of each participating political subdivision may appropriate money or may also issue the general obligation bonds of the subdivision, as provided in chapter 6-8B for the authorization, issuance, and sale of bonds, for the payment of its share of the cost of the building or improvement. No bonds may be issued until provision has been made by each of the other participating subdivisions for the payment of the subdivision's share of the cost.
Source:
SL 1949, ch 447, §3; SDC Supp 1960, §65.0716; SL 1984, ch 43, §60; SL 1999, ch 30, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-4 - Contents of resolution or ordinance, notice and ballot on bond issue.

6-3-4. Contents of resolution or ordinance, notice and ballot on bond issue.
The resolution or ordinance, notice and ballot as provided in chapter 6-8B shall include the estimated total cost of the building or improvement, the names of the other participating subdivisions, and shall refer to the agreement on file in the office of the recording officer.
Source:
SL 1949, ch 447, §3; SDC Supp 1960, §65.0716; SL 1984, ch 43, §61.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-5 - Resubmission of bond proposition after rejection by voters.

6-3-5. Resubmission of bond proposition after rejection by voters.
In the event that the proposition of issuing bonds of any of the participating subdivisions for the purposes of §§6-3-1 to 6-3-8, inclusive, fails to carry by the requisite vote, such proposition may be resubmitted by the governing body at any time, with the consent of the governing bodies of the other participating subdivisions.
Source:
SL 1949, ch 447, §4; SDC Supp 1960, §65.0717; SL 1999, ch 30, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-6 - Additional appropriations or bonds when cost exceeds estimates.

6-3-6. Additional appropriations or bonds when cost exceeds estimates.
In the event that the cost of any such building or improvement is greater than originally estimated, the governing body of each of the participating subdivisions shall have the power to appropriate additional moneys or submit to the electors the question of the issuance of additional bonds to pay such portion of the increased cost as shall be agreed to be borne by such subdivision.
Source:
SL 1949, ch 447, §4; SDC Supp 1960, §65.0717.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-7 - Improvements and equipping of building by participating subdivision.

6-3-7. Improvements and equipping of building by participating subdivision.
Each participating subdivision shall have the power, with the consent of the governing bodies of the other participating subdivisions, to add to, improve, and equip any such building for its own purposes to the same extent and in the same manner as if said building were wholly owned by and devoted to the uses of such subdivision.
Source:
SL 1949, ch 447, §4; SDC Supp 1960, §65.0717.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-8 - Supplemental nature of powers granted.

6-3-8. Supplemental nature of powers granted.
The powers granted and procedures prescribed by §§6-3-1 to 6-3-7, inclusive, shall be in addition to and not in derogation of any other powers conferred by law upon any of the participating subdivisions to make agreements, to appropriate and expend money, and to issue bonds for the same or similar purposes, or any other methods prescribed by law for the accomplishment of such purposes, and no existing law shall be deemed to be repealed hereby.
Source:
SL 1949, ch 447, §5; SDC Supp 1960, §65.0718.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-9 - Joint county-municipal building in county seat--Resolutions of governing bodies--Plans and specifications.

6-3-9. Joint county-municipal building in county seat--Resolutions of governing bodies--Plans and specifications.
The board of county commissioners of any county and the governing body of the county seat of such county, whenever both of such governing bodies by separate resolutions declare that it is for the best interests of the county, or municipality to erect and maintain a joint building for county, municipal, community, and memorial purposes, shall have the power to employ competent architects and engineers and secure plans and specifications for such proposed joint building and shall determine the approximate cost thereof and the proportion thereof to be borne by each.
Source:
SL 1921, ch 164, §1; SDC 1939, §12.2304; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-10 - Elections on bonds for joint building.

6-3-10. Elections on bonds for joint building.
After the governing bodies have decided and agreed upon plans and specifications that will provide for all of the needs of the county, municipality, and community and after determining the approximate costs thereof, the governing bodies shall submit the question of issuing bonds of the county and municipality, to cover its share of expense of joint building at the same time and at the same election.
Source:
SL 1921, ch 164, §1; SDC 1939, §12.2304; SL 1984, ch 43, §62; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-11 - Resubmission of bond question after rejection by voters.

6-3-11. Resubmission of bond question after rejection by voters.
If the county, or municipality shall fail to authorize said bond issue, the county or municipality failing to authorize said bond issue may resubmit the same as provided in §6-3-10 within six months and if then authorized the county or municipality may proceed with such work, otherwise, no further work shall be done until a new vote is had by both the county and municipality interested.
Source:
SL 1921, ch 164, §1; SDC 1939, §12.2304; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-12 - Erection and maintenance of joint building in county seat--Selection of site.

6-3-12. Erection and maintenance of joint building in county seat--Selection of site.
After the issuance of bonds is authorized as provided in §6-3-10, it shall be lawful for the county and municipality to join in the erection and completion of such building, and they shall have authority to make provisions for the maintenance of the same. The site for any such building shall be determined upon by the commissioners and the governing body and they shall have authority to use any site owned by either or they may secure a new site.
Source:
SL 1921, ch 164, §1; SDC 1939, §12.2304; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 03 - Joint County-municipal-school District Buildings › Section 6-3-13 - Tax proceeds usable for joint building--Special building funds--Bonds--Private subscriptions and donations.

6-3-13. Tax proceeds usable for joint building--Special building funds--Bonds--Private subscriptions and donations.
Counties or municipalities joining pursuant to §6-3-12 are authorized to use any and all moneys realized from taxes levied for county, municipal, community, or memorial buildings, and the governing board of any county or municipality so joining is hereby empowered to transfer any building fund moneys now on hand to a special fund to be used for the purpose specified in §6-3-9, except that funds heretofore raised by taxation for a state memorial building shall not be used by said county. Such counties or municipalities so joining are further empowered to issue their bonds, as now provided by law, and accept private subscriptions and donations for the furtherance and maintenance of such buildings as are erected in compliance with §§6-3-9 to 6-3-13, inclusive.
Source:
SL 1921, ch 164, §§2, 3; SDC 1939, §12.2304; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 04 - Auditorium Building Funds › Section 6-4-1 - Percentage of admission charge collected for fund--Restrictions on use of fund.

6-4-1. Percentage of admission charge collected for fund--Restrictions on use of fund.
Any county, municipality, or school district operating or maintaining, either jointly or severally, an auditorium, coliseum, public gymnasium, or public community house, shall have the power to establish a fund and may collect for such fund not exceeding ten percent of the admission charge paid by each person, except such students or any other group or classification of persons which may be specifically exempted therefrom by the governing body, for admission to such building for any recreational, athletic, or educational activity, exhibition, or entertainment, whether conducted or sponsored by any municipality or any person, firm, organization, or public or private corporation. The money derived shall be kept separate from all other funds of the governmental subdivision and shall be known as the auditorium building fund, and shall not be used for any other purpose except the erection or remodeling of an auditorium, coliseum, public gymnasium, or public community house, and for the acquisition of sites and equipment therefor.
Source:
SL 1953, ch 488, §1; SDC Supp 1960, §65.0719.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 04 - Auditorium Building Funds › Section 6-4-2 - Investment of money in fund--Disposition of income.

6-4-2. Investment of money in fund--Disposition of income.
The governing body of such county, municipality, or school district shall have power and authority to invest, from time to time and as such fund accumulates, the moneys derived therefrom in bonds of the State of South Dakota, bonds of any subdivision of government of this state, or bonds of the United States government, and the income derived from such investment shall be paid into and kept in such auditorium building fund.
Source:
SL 1953, ch 488, §2; SDC Supp 1960, §65.0720.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 04 - Auditorium Building Funds › Section 6-4-3 - Purposes for which fund used.

6-4-3. Purposes for which fund used.
The governing body may use the moneys in the auditorium building fund with any other funds that may come into its possession for the erection, construction, or remodeling of an auditorium, coliseum, public gymnasium, or public community house, and for the acquisition of sites and equipment therefor.
Source:
SL 1953, ch 488, §2; SDC Supp 1960, §65.0721.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05 - Exchanges of Property and Work › Section 6-5-1 - Transfers of land or property between political subdivisions permitted--Work exchanges--Agreements of governing bodies.

6-5-1. Transfers of land or property between political subdivisions permitted--Work exchanges--Agreements of governing bodies.
All counties, municipalities, sanitary districts, improvement districts, townships, and school districts of this state may exchange with each other and to transfer and convey from one to the other any land or property belonging to them and under their respective jurisdictions and to perform and exchange work between themselves. All transfers of property and work as authorized by this section shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
Source:
SL 1959, ch 35; SDC Supp 1960, §45.2713; SL 1976, ch 64; SL 1991, ch 64, §9.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05 - Exchanges of Property and Work › Section 6-5-2 - Gratuitous transfers of property to another political subdivision or nonprofit corporation.

6-5-2. Gratuitous transfers of property to another political subdivision or nonprofit corporation.
Any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property.
Source:
SL 1971, ch 41, §1; SL 1984, ch 42, §1; SL 2012, ch 48, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05 - Exchanges of Property and Work › Section 6-5-3 - Resolution for gratuitous transfer of real property--Conveyance.

6-5-3. Resolution for gratuitous transfer of real property--Conveyance.
If the governing body deems it advisable and to the best interest of the public to convey any such property to another political subdivision or nonprofit corporation pursuant to §6-5-2, it shall by resolution direct that said property be so conveyed and transferred. Thereupon a deed of conveyance shall be made to the political subdivision or nonprofit corporation, which deed vests in the grantee all the right, title and interest of the transferor in and to the real property so conveyed.
Source:
SL 1971, ch 41, §2; SL 1984, ch 42, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05 - Exchanges of Property and Work › Section 6-5-4 - Exchange of land with private owner--Appraisal--Public notice and hearing.

6-5-4. Exchange of land with private owner--Appraisal--Public notice and hearing.
Any county, municipality, sanitary district, township, or school district of this state may, by resolution, exchange any land belonging to them 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 county, municipality, sanitary district, township, or school district 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, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05 - Exchanges of Property and Work › Section 6-5-5 - Local governments permitted to lease, sell, give, or otherwise convey real and personal property to other units of government.

6-5-5. Local governments permitted to lease, sell, give, or otherwise convey real and personal property to other units of government.
Notwithstanding any other provision of law to the contrary, but, in compliance with the provisions of the Constitution of the State of South Dakota, every county, municipality, school district, civil township, or other entity authorized by law to levy taxes may lease or sell or give and convey any personal property, real property, or money of such entity or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conveyance, or the performance of such work, to be authorized, shall be made or done on the terms and in the manner provided by resolutions of the governing body. However, no money may be transferred from any sinking or interest fund unless sufficient money is left therein to pay all interest which may accrue on and the principal of all outstanding bonds.
Source:
SL 1991, ch 55.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 05A - Local Improvement Assessments › Section 6-5A-1 - Railroad property assessment.

6-5A-1. Railroad property assessment.
Whenever a railroad's right-of-way, street, or railroad properties owned or operated for railway purposes shall be included within any assessment for local improvement, such railroad right-of-way, street, or railroad properties owned or operated for railway purposes shall be assessed only if, and to the extent that, it is determined by the Department of Revenue that it will benefit from the proposed improvements. In determining whether or not such railroad right-of-way, street, or railroad properties operated for railway purposes benefits, its existing use as a railroad right-of-way, street, or railroad properties operated for railway purposes shall be presumed to be permanent.
Source:
SL 1974, ch 53.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 06 - Emergency Relocation of Local Governments › Section 6-6-1 - Meeting of governing body after or on threat of enemy attack--Designation of substitute place of government--Location within or without subdivision or state.

6-6-1. Meeting of governing body after or on threat of enemy attack--Designation of substitute place of government--Location within or without subdivision or state.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate, or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.
Source:
SL 1961, ch 467, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 06 - Emergency Relocation of Local Governments › Section 6-6-3 - Supremacy of chapter over other provisions.

6-6-3. Supremacy of chapter over other provisions.
The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
Source:
SL 1961, ch 467, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08 - Validation of Prior Bonds of Political Subdivisions › Section 6-8-1 - Validation of obligations--Subdivisions and obligations included.

6-8-1. Validation of obligations--Subdivisions and obligations included.
As used in §§6-8-1 to 6-8-4, inclusive, the term, political subdivision, means any county, township, improvement district, municipality, or school district in the State of South Dakota, and the term, bonds, means any obligation payable at a specified future date, including but without limiting the generality hereof, revenue bonds, assessment bonds, improvement bonds, general obligation bonds, and revenue bonds under chapter 9-38, 9-40, 9-41, or 9-52 and assessment bonds or certificates issued pursuant to chapter 9-43, and improvement bonds issued pursuant to chapter 9-44, and all bonds issued pursuant to §§6-3-1 to 6-3-8, inclusive, and all bonds issued pursuant to chapter 7-24 or 7-25A.
Source:
SL 1967, ch 350, §1; SL 1969, ch 291, §1; SL 1991, ch 64, §5; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08 - Validation of Prior Bonds of Political Subdivisions › Section 6-8-2 - Time period of obligations and proceedings validated.

6-8-2. Time period of obligations and proceedings validated.
The provisions of §6-8-3 apply in all cases where a political subdivision has, prior to January 1, 2001, issued bonds or has theretofore commenced proceedings to issue bonds for any lawful purpose.
Source:
SL 1967, ch 350, §2; SL 1969, ch 291, §2; SL 1971, ch 40, §1; SL 1973, ch 41, §1; SL 1984, ch 43, §62A; SL 1991, ch 64, §6; SL 1993, ch 62, §1; SL 2001, ch 34, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08 - Validation of Prior Bonds of Political Subdivisions › Section 6-8-3 - Validation of obligations and proceedings despite irregularities and defects--Constitutional requirements not waived.

6-8-3. Validation of obligations and proceedings despite irregularities and defects--Constitutional requirements not waived.
In all such cases as described in §6-8-2, the bonds so issued and all proceedings taken before January 1, 2001, for the issuance of such bonds and for the levy and appropriation of taxes, assessments, or revenues for the payment thereof and all covenants heretofore made for the security of such bonds are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of said bonds including, but without limitation of the generality hereof, any defect or irregularity in any election, notice of election, publication, or petition required by law, or in any of the obligations issued before January 1, 2001, which are funded or refunded, by bonds heretofore issued or authorized to be issued, including special assessment proceedings and special assessment certificates or bonds issued in lieu thereof; and all such bonds issued pursuant to said proceedings heretofore taken, shall be legal, valid, and binding obligations of the political subdivision issuing the same, notwithstanding any defects or irregularities, other than actions prohibited by the Constitution or omissions or actions required by the Constitution, in the proceedings taken for the issuance of such bonds.
Source:
SL 1967, ch 350, §3; SL 1969, ch 291, §3; SL 1971, ch 40, §2; SL 1973, ch 41, §2; SL 1984, ch 43, §62B; SL 1991, ch 64, §7; SL 1993, ch 62, §2; SL 2001, ch 34, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08 - Validation of Prior Bonds of Political Subdivisions › Section 6-8-4 - Obligations exceeding debt limitations not validated.

6-8-4. Obligations exceeding debt limitations not validated.
Section 6-8-3 shall not be construed as attempting to validate evidences of indebtedness issued by such political subdivision in excess of the constitutional or statutory limitations upon its indebtedness.
Source:
SL 1967, ch 350, §4; SL 1969, ch 291, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-1 - Definitions.

6-8B-1. Definitions.
Terms used in this chapter, unless the context otherwise plainly requires, mean:
(1)"Bond," any obligation for the payment of a specified sum of money at a specified future date, for the repayment of money borrowed by a public body, issued by a public body pursuant to authority granted in any law, including but not limited to revenue bonds, assessment bonds, and general obligation bonds;
(2)"Clerk," the clerk, auditor, finance officer, business manager, secretary, or other recording or financial officer of a public body;
(3)"Federal securities," the bills, certificates of indebtedness, notes, bonds, or similar obligations which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America;
(4)"Governing body," the common council, commission, board of commissioners, board of trustees, board of supervisors, board of directors, school board, or other legislative body in which the legislative powers of the public body are vested;
(5)"Ordinance or resolution," an ordinance, resolution, or other proceeding by which a governing body takes formal action and adopts legislative provisions and matters of some permanency;
(6)"Public body," any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, water user district, or improvement district;
(7)"Refunding bond," a bond which is authorized to be issued pursuant to §§6-8B-30 to 6-8B-52, inclusive.
Source:
SL 1984, ch 43, §1; SL 1990, ch 52, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-2 - Election required for issuance.

6-8B-2. Election required for issuance.
Unless otherwise provided, no bonds may be issued either for general or special purposes by any public body unless at an election sixty percent of voters of the public body voting upon the question vote in favor of issuing the bonds. The election shall be held in the manner described by law for other elections of the public body.
Source:
SL 1984, ch 43, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-3 - Resolution or ordinance declaring necessity of bond issue--Contents--Election.

6-8B-3. Resolution or ordinance declaring necessity of bond issue--Contents--Election.
If it is determined by the governing body to be necessary or expedient for any public body to issue its bonds the governing body at a regular meeting thereof or a special meeting duly called may by resolution or ordinance declare the necessity thereof and may submit the question of the issuance of bonds to the voters of the public body at any annual election or at a special election called for that purpose. The resolution or ordinance shall set forth clearly the purpose for which the bonds are to be issued and the maximum amount of the bonds. The resolution or ordinance may also include the maximum rate of interest which they draw, and the maximum time within which they shall become due and payable or other matters the governing body determines relevant to the bond issue.
Source:
SL 1984, ch 43, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-4 - Notice of election.

6-8B-4. Notice of election.
The governing body shall publish notice of the election once each week for two consecutive weeks in all official newspapers designated by the public body or if there is no official newspaper, a newspaper of general circulation serving the public body. The second notice shall be published not less than four nor more than ten days before the election.
The notice shall state the maximum amount of bonds to be issued, the purpose for which bonds are to be issued, and other matters the governing body determines to be necessary.
Source:
SL 1984, ch 43, §4; SL 2008, ch 34, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-5 - Ballot form.

6-8B-5. Ballot form.
The ballots shall have printed thereon substantially the same language as is included in the notice of election, and there shall be printed the words "Shall the above proposition be approved and the bonds issued?" with the words "Yes" and "No" printed immediately at the left thereof, each preceded by a square or circle wherein the voter shall make a cross (x) or check mark () before the word "Yes" for voting in favor of the proposition, or a cross (x) or check mark () in the square or circle before the word "No" for voting against the same.
Source:
SL 1984, ch 43, §5.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-6 - Improvement--Authorization of bonds for purchase or construction--Expenditures authorized.

6-8B-6. Improvement--Authorization of bonds for purchase or construction--Expenditures authorized.
The question of the issuance of bonds for the purchase or the construction of any building, facility, or improvement may be treated and submitted as a single proposition, and the governing body may determine, if bonds are authorized, whether the purchase or the construction thereof will better serve the interests of the public body. The authorization of bonds for the purpose of purchase or construction of any building, facility, or improvement includes the authorization to expend the proceeds for any equipment and furnishings, the purchase of any land, and the payment of all fees and expenses reasonably necessary to complete the building, facility, or improvement for the purpose intended. Expenditures for the above purposes need not be included in any annual appropriation ordinance of the public body.
Source:
SL 1984, ch 43, §6.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-7 - School, street, or utility improvements--Authorization of bonds.

6-8B-7. School, street, or utility improvements--Authorization of bonds.
The question of the issuance of bonds for the purchase, construction, or improvements to school buildings, streets, or to any plant and distribution system owned and operated by the public body for the furnishing of utility services may be submitted as a single proposition, without specification of the amount to be expended on each improvement.
Source:
SL 1984, ch 43, §7.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-8 - Issuance of bonds on approval by voters.

6-8B-8. Issuance of bonds on approval by voters.
If the requisite percentage of the voters cast their vote in favor of a bond issue, the governing body without further act may issue bonds to the amount voted for and sell and negotiate the same.
Source:
SL 1984, ch 43, §8.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-9 - Issuance, form, and terms of bonds.

6-8B-9. Issuance, form, and terms of bonds.
Bonds may be issued in one or more series, may bear the date or dates and mature at the time or times and in the amounts as the governing body may provide, except that no bond may mature more than fifty years from the date of its issue. The bonds may bear interest at the rate or rates, payable on the date or dates, may be issued in the denominations, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places within or without the state, and be subject to redemption, prior to maturity, at the times and prices as the governing body may provide. Bonds may be issued in registered form and shall be so issued when necessary under federal law and regulations as a condition for the exemption of the interest thereon from federal income taxation; or otherwise may be issued in bearer form, with coupons attached representing the interest payable thereon, or may be issued in form permitting registration of ownership of principal only.
Source:
SL 1984, ch 43, §9.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-10 - Public or private sale--Notice and procedure for public sale.

6-8B-10. Public or private sale--Notice and procedure for public sale.
The governing body may sell its bonds at a public or private sale at the price or prices the governing body determines. If the governing body determines to sell bonds at a public sale, no bonds may be sold until the sale has been advertised once a week for at least two successive weeks the first publication being at least ten days before the sale in the official newspaper of the public body, and if directed by the governing body, in any other newspaper or publication. The notice of sale shall describe the bond issue, the time and place of sale, the method of competitive bidding, which method may describe different forms or alternative forms of bids, and the place where bids will be received.
Source:
SL 1984, ch 43, §10.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 08B - Bonds of Local Public Bodies › Section 6-8B-11 - Single issue of bonds separately approved.

6-8B-11. Single issue of bonds separately approved.
Bonds separately voted for two or more purposes may be sold and delivered as a single issue if the governing body determines.
Source:
SL 1984, ch 43, §11.