reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-3 - Census of proposed municipality--Contents--Verification.

9-3-3. Census of proposed municipality--Contents--Verification.
Any person making application for the organization of a proposed municipality shall cause an accurate census to be taken of the landowners and the legal resident population of the proposed municipality not more than thirty days previous to the time of presenting the application to the board of county commissioners. The census shall exhibit the name of each landowner and legal resident residing in the proposed municipality and the number of persons belonging to each family as of a certain date. The census shall be verified by the affidavit of the person taking the census.
Source:
SDC 1939, §45.0302; SL 1999, ch 37, §1; SL 2016, ch 48, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-4 - Survey, map, and census available for public inspection.

9-3-4. Survey, map, and census available for public inspection.
Such survey, map, and census when completed and verified shall be left at some convenient place within the proposed municipality for a period of not less than thirty days for examination by those having an interest in such application.
Source:
PolC 1877, ch 24, §3; CL 1887, §1024; RPolC 1903, §1419; RC 1919, §6173; SDC 1939, §45.0303; SL 2016, ch 48, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-5 - Voters' petition as application for incorporation--Number of signers required--Contents of petition--Presentation to county commissioners.

9-3-5. Voters' petition as application for incorporation--Number of signers required--Contents of petition--Presentation to county commissioners.
The application for incorporation of a proposed municipality shall be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the proposed municipality, the boundaries and area according to the survey, and the legal resident population according to the census taken. The application shall be presented at the time indicated in the notice of the application or as soon thereafter as the board of county commissioners can receive and consider the application.
Source:
SDC 1939, §45.0304; SL 1987, ch 67, §20; SL 1999, ch 37, §2; SL 2016, ch 48, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-6 - County commissioners' order to incorporate municipality--Name--Date for election.

9-3-6. County commissioners' order to incorporate municipality--Name--Date for election.
If the board, after proof by affidavit or oral examination of witnesses, is satisfied that the requirements of this chapter have been fully complied with, the board shall make an order declaring that the proposed municipality shall, with the assent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state, be an incorporated municipality by the name specified in the application. The name shall be different from that of any other municipality in this state. The board shall also include in the order a date for an election to be conducted pursuant to Title 12.
Source:
SDC 1939, §45.0305; SL 1999, ch 37, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-10 - Balloting on question of incorporation--Majority required for incorporation.

9-3-10. Balloting on question of incorporation--Majority required for incorporation.
The vote upon the question of incorporation of a territory shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney.
If a majority vote in favor of the incorporation, such territory is deemed a municipality by the name and style specified in the order of incorporation of the board of county commissioners.
Source:
CL 1887, §1030; SL 1901, ch 74, §1; RPolC 1903, §1425; RC 1919, §6179; SDC 1939, §45.0309; SL 2006, ch 29, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-11 - Canvass and return of votes to county commissioners.

9-3-11. Canvass and return of votes to county commissioners.
After the vote is cast and canvassed, such inspectors shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation and shall return the same to the board of county commissioners at its next session.
Source:
CL 1887, §1030; SL 1901, ch 74, §1; RPolC 1903, §1425; RC 1919, §6180; SDC 1939, §45.0310.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-12 - County commissioners' order declaring municipality incorporated--Conclusive effect.

9-3-12. County commissioners' order declaring municipality incorporated--Conclusive effect.
If satisfied of the legality of such election, the board of county commissioners shall make an order declaring that such municipality has been incorporated by the name adopted. Such order shall be conclusive of the fact of such incorporation in all suits by or against such municipality.
Source:
CL 1887, §1030; SL 1901, ch 74, §1; RPolC 1903, §1425; RC 1919, §6180; SDC 1939, §45.0310.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-13 - Adjustment of claims and accounts between municipality and civil township.

9-3-13. Adjustment of claims and accounts between municipality and civil township.
The board of county commissioners shall have full power to settle and adjust all claims and accounts existing between such municipality and the civil township or townships of which the same formed a part previous to its incorporation. It shall immediately proceed to settle and adjust such claims and accounts with due regard for the interests of all concerned.
Source:
CL 1887, §1030; SL 1901, ch 74, §1; RPolC 1903, §1425; RC 1919, §6181; SDC 1939, §45.0311.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-14 - Recording and filing of canvass of votes on incorporation--Registry maintained by secretary of state.

9-3-14. Recording and filing of canvass of votes on incorporation--Registry maintained by secretary of state.
The officers of any municipality organized under this title shall cause to be filed within thirty days thereafter in the office of the register of deeds of the county a certified copy of the canvass of the votes showing the result of the election held to determine the question of such organization, which the register of deeds shall record, and shall also cause a like certificate to be filed in the Office of the Secretary of State, who shall file the same and keep a registry of the municipalities so organized.
Source:
RPolC 1903, §1177; SL 1913, ch 119, §8; RC 1919, §6162; SDC 1939, §45.0105.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-17 - Term of office for elected officials.

9-3-17. Term of office for elected officials.
Each official elected at the first election shall hold office until the first Monday in May next following or until a successor is elected and qualified.
Source:
SDC 1939, §45.0313; SL 1981, ch 44, §17; SL 1986, ch 65; SL 1999, ch 37, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-18 - Election by plurality at first election--Tie vote--Certificate as to persons elected.

9-3-18. Election by plurality at first election--Tie vote--Certificate as to persons elected.
The person having the highest number of votes respectively for each office to be filled shall be declared elected. In case of a tie the inspectors of such election shall forthwith determine by lot which shall be deemed elected. The inspectors shall subscribe and certify a statement of the persons elected to fill the several offices in such municipality and file the same with the county auditor within ten days after the date of such election.
Source:
PolC 1877, ch 24, §16; CL 1887, §1037; RPolC 1903, §1432; SL 1905, ch 170; RC 1919, §6183; SDC 1939, §45.0313.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-19 - Recording by county auditor of certificate of election.

9-3-19. Recording by county auditor of certificate of election.
It shall be the duty of the county auditor to record in his office all certified statements concerning the election of officers, upon the organization of municipal corporations of the third class, required to be filed therein by the inspectors of such election.
Source:
PolC 1877, ch 24, §17; CL 1887, §1038; RPolC 1903, §1433; RC 1919, §5953; SDC 1939, §12.0909.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-20 - Regularity of incorporation questioned only by state.

9-3-20. Regularity of incorporation questioned only by state.
The regularity of the organization of any acting municipality shall be inquired into only in an action or proceeding instituted by or on behalf of the state.
Source:
PolC 1877, ch 24, §53; CL 1887, §1078; RPolC 1903, §1467; RC 1919, §6159; SDC 1939, §45.0111.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-21 - Validation of prior incorporation of municipalities.

9-3-21. Validation of prior incorporation of municipalities.
In all cases where application has, before July 1, 1939, been made for the organization of a municipality and such municipality has assumed to act as a municipality, the organization thereof is hereby in all things legalized, ratified, and declared valid, notwithstanding any errors, omissions, or informalities therein.
Source:
SL 1907, ch 6; SL 1907, ch 8; RC 1919, §6184; SDC 1939, §45.0314; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-22 - Municipality for historical or educational purposes authorized--Recording of plat.

9-3-22. Municipality for historical or educational purposes authorized--Recording of plat.
Any domestic corporation chartered under the laws of the State of South Dakota for historical or educational purposes, which qualifies as a tax exempt corporation under the laws of the State of South Dakota, may form and name a municipal corporation upon land owned by said corporation or in which it has a legal or equitable interest, by causing the same to be platted by a registered land surveyor and recording said plat in the office of the register of deeds of the county in which said land is located, in the same manner as other lands are platted and filed therein.
Source:
SL 1970, ch 55, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-23 - Name of historical or educational municipality.

9-3-23. Name of historical or educational municipality.
Any such municipal corporation established under §9-3-22 shall be named by the corporation forming the same and shall be known as an "historical municipality" or an "educational municipality."
Source:
SL 1970, ch 55, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-24 - Exemption of historical or educational municipality from usual requirements.

9-3-24. Exemption of historical or educational municipality from usual requirements.
Said municipality may be organized without meeting the minimum population or other requirements for municipalities as required under this chapter, and only one resident need reside therein.
Source:
SL 1970, ch 55, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-25 - Governing board of historical or educational municipality--Rules and regulations.

9-3-25. Governing board of historical or educational municipality--Rules and regulations.
The governing board of such municipality shall be the officers and directors of the corporation forming and organizing such municipality and the rules and regulations of the municipality shall be those as provided in the articles of incorporation and the bylaws of said corporation.
Source:
SL 1970, ch 55, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-26 - Historical or educational municipality--Public funds.

9-3-26. Historical or educational municipality--Public funds.
Such municipality shall not be authorized to receive any state or local tax funds or any distribution from either state or local sources except such as are specifically provided under § 7-18-12, or any amendments thereto or similar laws hereafter enacted, for tourist, educational, and recreational activities.
Source:
SL 1970, ch 55, §4; SL 2021, ch 43, § 2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-27 - Exemption of historical or educational municipality from public control.

9-3-27. Exemption of historical or educational municipality from public control.
Such corporation shall not be subject to any management or control of the state except as specifically provided by the State Legislature or under the normal police powers of the local governmental subdivision in which it is situated.
Source:
SL 1970, ch 55, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-28 - Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.

9-3-28. Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.
A municipality incorporated pursuant to §9-3-22 shall exist so long as the corporation maintains all lands, buildings, fences, fixtures, billboards, signs, and other improvements in good condition and repair, and is actively operating for the purposes for which it is incorporated, or until the corporation is dissolved in accordance with law. The municipality shall possess and maintain its historical or educational integrity of design, materials, and workmanship of the sites, buildings, structures, and objects that are located within the platted municipal corporation, including advertising and promotional signs. The municipality shall lose its historical or educational municipality designation if more than one-fourth of such properties possess any of the following conditions:
(1)Loss or disintegration of the roof or roofing materials;
(2)Loss of windows;
(3)Deterioration or missing siding material;
(4)Unstable foundations;
(5)Leaning severely from plumb; and
(6)Billboards or signs identifying, promoting, or advertising the municipality no longer conform to the requirements of chapter 31-29.
However, for the purposes of subdivision (6), the twelve continuous months required for determining a sign is abandoned does not apply.
Source:
SL 2001, ch 41, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-29 - Dissolution of municipal corporation by Department of Transportation or county.

9-3-29. Dissolution of municipal corporation by Department of Transportation or county.
The South Dakota Department of Transportation or the county in which the historic or educational municipality is located may take action, pursuant to §9-3-28, to dissolve the municipal corporation pursuant to the provisions of chapter 1-26.
Source:
SL 2001, ch 41, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-1 - Municipal governing bodies and circuit judges authorized to locate townsites under federal law.

9-3A-1. Municipal governing bodies and circuit judges authorized to locate townsites under federal law.
The governing boards of municipal corporations, through their designated officers, or the inhabitants thereof, with the approval of the governing board when authorized by federal law or regulation, or a circuit judge for the county in which an unincorporated town is situated, on petition of fifty percent of the resident freeholders in any unincorporated town, in trust for the several use and benefit of the municipality and the occupants thereof according to their respective interests in accordance with this chapter and federal statutes and regulations of appropriate federal agencies pertaining thereto, are authorized and it shall be their duty to acquire, enter, survey, dedicate, plat, make, and file all petitions, applications, statements, and transcripts necessary to acquire public land available, or made available, for townsites under the provisions of Title 43 of the United States Code, Chapter 17 thereof, relating to townsites on public lands.
Source:
SL 1881, ch 105, §1; SL 1881, ch 135, §1; CL 1887, §1168; RPolC 1903, §1570; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-2 - Subscription of funds to enter townsite--Repayment.

9-3A-2. Subscription of funds to enter townsite--Repayment.
If at any time the petition is presented as provided for in §9-3A-1 there is not in the treasury of the municipality moneys sufficient to pay for the land settled upon and occupied, the municipal authorities or the judge, as the case may be, may raise by subscription or otherwise sufficient funds to pay for said land and costs of entering the same, and any and all sums so advanced for such purpose shall be repaid in the manner provided for in §9-3A-7.
Source:
SL 1881, ch 135, §2; CL 1887, §1169; RPolC 1903, §1571; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-3 - Duty of municipal authorities or judge to dispose of trust.

9-3A-3. Duty of municipal authorities or judge to dispose of trust.
When the municipal authorities or the judge shall have entered at the proper land office the land, or any part thereof so settled and occupied as the site of such municipality, it shall be the duty of such municipal authorities or judge, his or their successors, to dispose of the trust so created and conferred by said act of Congress in the manner hereinafter specified.
Source:
SL 1881, ch 135, §3; CL 1887, §1170; RPolC 1903, §1572; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §3; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-4 - Conveyance of lots to occupants or successors--Execution and acknowledgment of deeds.

9-3A-4. Conveyance of lots to occupants or successors--Execution and acknowledgment of deeds.
Any such municipal authorities or judge shall, subject to the provisions of this chapter, by a good and sufficient deed of conveyance grant and convey the title to each and every block, lot, share, or parcel of the same to the person, persons, associations, or corporations who shall occupy or possess or be entitled to the right of possession or occupancy thereof, according to several rights and interests of the respective claimants in or to the same as they existed in law or equity at the time of the entry of such lands, or to the heirs or assigns of such claimants. Every such deed of conveyance made by such municipal authorities or judge pursuant to the provisions of this chapter shall be so executed and acknowledged as to admit the same to be recorded.
Source:
SL 1881, ch 135, §4; CL 1887, §1171; RPolC 1903, §1573; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-5 - Notice of townsite entry to be posted--Direction to occupants to file verified statements of occupancy.

9-3A-5. Notice of townsite entry to be posted--Direction to occupants to file verified statements of occupancy.
Within thirty days after the entry of such lands, or if entered before July 1, 1971, on or before July 31, 1971, such authorities or judge so entering the same, shall give posted notice of entry in such municipality and publish notice thereof once each week for at least two consecutive weeks in the county where such land is situated. Such notice shall contain an accurate description of the lands so entered as stated in the certificate of entry or duplicate receipt for the purchase money thereof. Such notice shall direct that each and every person, association, or corporation claiming to be an occupant or to have, possess, or be entitled to the right of possession or occupancy of such lands, or any lot, share, or parcel thereof, shall within sixty days from the date of the first publication or posting of such notice, in person or by his, her or their or its duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular lot, lots, parcel, or parcels of land in which he, she, they or it claim to have an interest; and the specified right, interest or estate so claimed therein, the character and value of the improvements thereon, and how occupied or possessed by such claimant, and for how long a time, and any other matter or thing illustrating or supporting such claimant's right to a deed of the tract so described, such statement to be verified by the affidavit of the party or parties signing the same.
Source:
SL 1881, ch 135, §7; CL 1887, §1174; RPolC 1903, §1576; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §5; SL 1972, ch 33, §4; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-6 - Time allowed to occupants to file statements--Claims barred by failure to file.

9-3A-6. Time allowed to occupants to file statements--Claims barred by failure to file.
Every person claiming to be entitled to such land or any part thereof, or his duly authorized agent or attorney, shall within sixty days after the first publication of such notice, sign a written statement containing an accurate description of the parcel or parts in which he claims to have an interest and the specific right, interest or estate which he claims to be entitled to receive and shall deliver the same to such authorities or judge; and any person failing to sign and deliver such statement within the time herein specified, shall as against adverse claimants, be forever barred from the right of claiming or recovering such lands, or any estate or interest therein in any court.
Source:
SL 1971, ch 69, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-7 - Account of expenses filed--Prorata payment by land claimants.

9-3A-7. Account of expenses filed--Prorata payment by land claimants.
As soon as may be after the expiration of sixty days from the time of the first published notice required by §9-3A-5, the authorities or judge holding the title to lands described in such notice shall make a written statement, containing a true account of moneys expended in the acquisition of the title and the administration of the trust, including moneys paid for the purchase of such lands, all necessary traveling expenses, posting and publishing notices, serving summons, subpoenas, and other processes and all other necessary expenses incident to such trust, and also an account of charges for services rendered as such trustee. The whole amount of such statement of account shall be a charge in favor of the trustee upon the lands as held in trust and shall be paid pro rata by the claimants to such land, as their respective entitled shares thereof appear.
Source:
SL 1971, ch 69, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-8 - Settlement of adverse claims.

9-3A-8. Settlement of adverse claims.
In case there are adverse claimants to such lands or any part thereof, and the controversy is not settled by written agreement, it may be determined by submission in writing by the parties to reference or arbitration and by the written award of the arbitrators. If it is not so settled or determined within three months from the time of entry of such land, either claimant may commence an action against the other pursuant to chapter 15-3.
Source:
SL 1971, ch 69, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-9 - Payment of share of expenses required before conveyance by municipal authorities or judge.

9-3A-9. Payment of share of expenses required before conveyance by municipal authorities or judge.
Before any authorities or judge shall be required to execute, acknowledge, or deliver any deed of conveyance of land or any part thereof, as hereinbefore provided, to any person entitled to that deed, the person shall pay or tender to the authorities or judge the amount shown by the statement provided in §9-3A-7, chargeable upon the same or that part to be conveyed, together with interest on each of the items of the account at the Category A rate of interest as established in §54-3-16 from the date of each item, and also other amounts as are reasonable for preparing, executing, and acknowledging the deed and acknowledgment fees.
Source:
SL 1971, ch 69, §9; SL 1983, ch 28, §19; SL 1984, ch 319, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-10 - Examination by municipal authorities or judge of claims to lots--Conveyances.

9-3A-10. Examination by municipal authorities or judge of claims to lots--Conveyances.
After the expiration of sixty days from the date of the first publication of the notice required by §9-3A-5, the municipal authorities or judge shall proceed to award the lot or lots, parcel or parcels of land as provided in this chapter and for that purpose shall as soon as practicable and as near as practicable in the order of the time of filing the claimant's statements, examine each and every claim, read proofs filed, and hear additional testimony if deemed advisable; and if the claim should be found to comply with the provisions of this chapter, and no adverse claim and notice of contest shall have been filed, the said municipal authorities or judge shall proceed forthwith to make such claimant or claimants a good and sufficient deed of conveyance for such lot or lots or parcels of land so claimed.
Source:
SL 1881, ch 135, §12; CL 1887, §1179; RPolC 1903, §1581; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-11 - Unclaimed lots conveyed to school board.

9-3A-11. Unclaimed lots conveyed to school board.
When any lots or parcels of land within the limits of any municipality shall remain unclaimed, after the expiration of the time allowed by this chapter for filing of claimant's statements, it shall be the duty of the municipal authority or the judge to convey the lots or parcels of land so remaining unclaimed, by good and sufficient deed, to the Board of Education or district school board in which such municipality is situated, to be taken and disposed of by such Board of Education or district school board for school purposes, and for the exclusive use and benefit of the occupants of such townsite, under such limitations as are provided by this chapter.
Source:
SL 1883, ch 114, §1; CL 1887, §1180; SL 1893, ch 165, §1; RPolC 1903, §1582; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §11; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-12 - Sale of unclaimed lots in absence of school board.

9-3A-12. Sale of unclaimed lots in absence of school board.
If there is no such Board of Education or district school board, then the municipal authorities or judge shall sell and dispose of the said unclaimed lots or parcels of land so remaining for school purposes, and for the exclusive use and benefit of the occupants of such townsite, under the directions, limitations, and provisions contained in this chapter.
Source:
SL 1883, ch 114, §2; CL 1887, §1181; SL 1893, ch 165, §2; RPolC 1903, §1583; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-13 - Appraisement of lots to be sold.

9-3A-13. Appraisement of lots to be sold.
The Board of Education, municipal authorities, or judge aforesaid shall appoint three competent and suitable freeholders of such municipality a board of appraisers, whose duty it shall be to make a careful inspection and examination of all the unclaimed lots or parcels of land aforesaid; and upon each of such lots or parcels of land they shall affix a reasonable and just valuation, and upon the completion of their appraisement they shall make and return a full and complete report of their proceedings and appraisement to the Board of Education, district school board, municipal authorities, or judge of the circuit court, which said report shall contain a full schedule of each and every lot or parcel of land remaining unclaimed, giving an exact description of said lots by their numbers and the numbers of their block, and all parcels of land not so numbered shall be described by metes and boundaries, and upon each lot or parcel of land separately they shall designate the valuation thereof as fixed by their appraisement. Said appraisement and report shall be subscribed and sworn to by at least two of said appraisers.
Source:
SL 1883, ch 114, §3; CL 1887, §1182; SL 1893, ch 165, §3; RPolC 1903, §1584; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §13; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-14 - Notice of sale at public auction.

9-3A-14. Notice of sale at public auction.
The Board of Education, district school board, municipal authorities, or judge, shall within thirty days after the receipt of the aforesaid report of said board of appraisers give public notice that all such unclaimed lots or parcels of land, or so much thereof as may be considered for the best interest of the school district, will be sold at public auction to the highest bidder for cash, said notice to be given by publication in at least one newspaper of general circulation in the state once each week for at least two successive weeks immediately prior to such sale, specifying the time and place when said unclaimed lots or parcels of land will be sold, together with a description of the same as returned by the Board of Appraisers.
Source:
SL 1883, ch 114, §4; CL 1887, §1183; SL 1893, ch 165, §3; RPolC 1903, §1585; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §14; SL 1972, ch 28, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-15 - Auction sale of unclaimed lots--Minimum price--Adjournment of sale--Private sale.

9-3A-15. Auction sale of unclaimed lots--Minimum price--Adjournment of sale--Private sale.
At the time and place appointed in said notice the Board of Education, district school board, municipal authorities, or judge shall offer for sale at public auction subject to competitive bids all the lots and parcels of land, or so much thereof as may be considered for the best interest of the school district, returned by the report of said Board of Appraisers as unclaimed; provided, that no bid shall be received or lot or parcel of land sold for a less sum than the appraised valuation; and such sale shall continue open from day to day until all such lots or parcels of land, or so much thereof as may be considered for the best interest of the school district, shall have been offered for sale. Any lots or parcels of land remaining unsold at the close of such sale for want of bids equal to the appraised valuation thereof may thereafter be sold at private sale by said Board of Education, municipal authorities, or judge of the circuit court for a sum of money not less than the appraised valuation thereof, and not otherwise.
Source:
SL 1883, ch 114, §5; CL 1887, §1184; SL 1893, ch 165, §3; RPolC 1903, §1586; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §15.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-16 - Conveyance fee required of purchaser--Combined conveyances.

9-3A-16. Conveyance fee required of purchaser--Combined conveyances.
Any purchaser at such sale, in addition to the amount of purchase money paid for any lot, lots, or parcel of land shall pay to the Board of Education, district school board, municipal authorities, or judge the sum of five dollars as a fee for making, executing, and acknowledging a deed of conveyance therefor; and all such lots or parcels of land purchased by any one person may be conveyed to such purchaser in one deed, which fee shall be in full for all charges of conducting sale, giving notice, appointing appraisers, etc.
Source:
SL 1883, ch 114, §6; CL 1887, §1185; SL 1893, ch 165, §3; RPolC 1903, §1587; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-17 - Proceeds of sale used for educational purposes.

9-3A-17. Proceeds of sale used for educational purposes.
The proceeds derived from the sale of such lots or parcels of unclaimed land, after first paying the expenses of advertising, printing, and a per diem of not more than ten dollars per day to each member of the Board of Appraisers, for the days actually and necessarily employed by them in making such appraisements and report as aforesaid, and other expenses actually and necessarily incurred in the proper conduct and management of such sale, shall be immediately turned over at the close of said sale by the Board of Education or district school board, to be, by said treasurer, placed to the credit of a fund of said municipality to be used exclusively for the purchase of ground for school buildings, for the erection, enlarging, repairing, and furnishing of school buildings, and the payment of outstanding bonds, warrants, or other indebtedness contracted or created in the erection or construction of schoolhouses and procuring grounds. And if there be no such Board of Education or district school board, then the net proceeds of such sale of unclaimed lots or parcels of land shall be held by the municipal authorities or the judge of the circuit court, in trust, as a fund for the exclusive use and benefit of the occupants of such townsite for any purpose related to education.
Source:
SL 1883, ch 114, §7; CL 1887, §1186; SL 1893, ch 165, §4; RPolC 1903, §1588; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §17; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-18 - Selection of lands for public purposes--Purchase from occupants.

9-3A-18. Selection of lands for public purposes--Purchase from occupants.
Whenever any portion of the public lands of the United States shall be entered at the proper land office as a townsite by the municipal authorities of any municipality, it shall be the duty of such municipal authorities to immediately select so much of said land for the use of said municipality as they shall deem necessary and proper for the purpose of public parks, public buildings, and public school buildings; provided, however, that they shall not select any lands settled upon and occupied as a townsite by individuals or corporations at the time of the entry of such townsite; provided further, that if at the time of such selection any of said lands are settled upon and occupied so as to entitle the claimant to a deed therefor, and the authorities deem it for the best interests of said municipality to obtain said parcels of land to complete their selection, or to have such selection in a compact form, the said municipal authorities are hereby authorized to pay a reasonable compensation for said lands so settled upon and occupied.
Source:
SL 1895, ch 153, §1; RPolC 1903, §1591; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §18; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-19 - Municipal share of expenses.

9-3A-19. Municipal share of expenses.
The said municipality shall pay its proportionate share of the expenses as provided in §9-3A-7.
Source:
SL 1895, ch 153, §2; RPolC 1903, §1592; repealed by omission RC 1919; re-enacted SL 1971, ch 69, §19.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03A - Townsite Locations On Federal Lands › Section 9-3A-20 - Validation of past proceedings.

9-3A-20. Validation of past proceedings.
All acts done by any such corporate authorities or judge and all proceedings had and taken before any county court, in accordance with the provisions of the Revised Political Code of 1903, Article 15, sections 1570 through 1593, inclusive, and amendments thereof, between January 1, 1919, and July 1, 1971, are hereby legalized and validated in all respects, and shall have the same force and effect as if the same had not been repealed by the Revised Code of 1919.
Source:
SL 1971, ch 69, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-1 - Annexation of territory on petition by voters and landowners.

9-4-1. Annexation of territory on petition by voters and landowners.
The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the municipality.
For purposes of this section, the term, contiguous, includes territory separated from the municipality by reason of intervening ownership of land used as a golf course, railroad, or any land owned by the State of South Dakota or any subdivisions thereof.
Source:
SL 1887, ch 104, §1; CL 1887, §1114; RPolC 1903, §§1375, 1508; RC 1919, §6559; SDC 1939, §45.2905; SL 1969, ch 183; SL 1975, ch 85; SL 1982, ch 71, §2; SL 2009, ch 32, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-1.1 - Municipalities authorized to enter into annexation and development agreements with landowners.

9-4-1.1. Municipalities authorized to enter into annexation and development agreements with landowners.
A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be annexed pursuant to §9-4-1 or developed.
Source:
SL 2004, ch 102, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.1 - Study required before annexation without petition.

9-4-4.1. Study required before annexation without petition.
Except as provided by §9-4-1, before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries.
Source:
SDC 1939, §45.2906 as added by SL 1955, ch 215, §1; SDCL, §9-4-3; SL 1979, ch 47, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.2 - Resolution of intent to annex--Contents for large municipalities.

9-4-4.2. Resolution of intent to annex--Contents for large municipalities.
Based on the study provided for in §9-4-4.1, the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of one thousand or more as determined in the last federal census, shall contain the following:
(1)The description and boundaries of the territory to be annexed;
(2)That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;
(3)That municipal utilities and a major street network are considered in terms of the proposed boundary extension and that there is a definite timetable upon which municipal service will be extended into the contiguous territory;
(4)The approximate cost of the extended service to the residents of the contiguous territory and the municipality;
(5)The estimated difference in tax assessment rate for the residents in the contiguous territory;
(6)That exclusions and irregularities in boundary lines are not the result of arbitrariness;
(7)That there is reasonable present or demonstrable future need for annexing the contiguous territory; and
(8)That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.
Source:
PolC 1877, ch 24, §48; CL 1887, §1073; RPolC 1903, §§1378, 1379, 1462; RC 1919, §6560; SDC 1939, §45.2906; SL 1955, ch 215, §1; SDCL, §§9-4-2, 9-4-3; SL 1979, ch 47, §2; SL 1984, ch 52, §1; SL 1988, ch 74, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.3 - Notice of hearing on resolution to landowners and county auditor--Adoption.

9-4-4.3. Notice of hearing on resolution to landowners and county auditor--Adoption.
Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the resolution of intent and notice of public hearing regarding the resolution of intent to the county commissioners. The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The resolution of intent may be adopted, pursuant to chapter 9-19, with or without amendments after the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners.
Source:
SDC 1939, §45.2906 as added by SL 1955, ch 215, §1; SDCL §9-4-4; SL 1979, ch 47, §3; SL 1984, ch 52, §2; SL 2012, ch 54, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.4 - Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.

9-4-4.4. Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.
The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in §§9-4-4.2 and 9-4-4.11. Prior to adoption of the resolution of annexation, a copy of the adopted resolution of intent and a notice of the time and place of the public hearing on the resolution of annexation shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the adopted resolution of intent and notice of public hearing regarding the resolution of annexation to the county commissioners. The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. The governing body may adopt an annexation resolution, containing the description and boundaries of the territory to be annexed, pursuant to chapter 9-19, within one hundred and twenty days of the public hearing. The governing body shall consider any objections to the resolution of annexation and the adopted resolution of intent, and may adopt the resolution of annexation with or without amendments, and may also add to the resolution of annexation any amendments to the resolution of intent. No amendment may be made affecting any property not described in the original resolution.
Source:
SDC 1939, §45.2906; SL 1955, ch 215, §1; SDCL §§9-4-3, 9-4-4; SL 1979, ch 47, §§4, 5; SL 1984, ch 52, §3; SL 1988, ch 74, §3; SL 2012, ch 54, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.5 - Petition for submission of annexation resolution to voters.

9-4-4.5. Petition for submission of annexation resolution to voters.
The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.
Source:
SL 1979, ch 47, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.6 - Contents of referendum petition--Signatures--Verification.

9-4-4.6. Contents of referendum petition--Signatures--Verification.
The petition shall contain the title of the resolution or the subject of the resolution and the date of its passage. The petition shall be signed by at least five percent of the registered voters residing in the combined area of the municipality and the special annexation precinct established pursuant to §9-4-4.8. The percentage shall be based on the number of voters in the municipality at the last preceding general election. Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall state that each person signing the petition is a resident and registered voter of the municipality or special annexation precinct. No signature on the petition is valid if signed more than six months prior to the filing of the petition.
Source:
SL 1979, ch 47, §8; SL 1983, ch 52, §1; SL 1988, ch 63, §4; SL 2000, ch 19, §2.