reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.7 - Time of election on annexation--Referendum provisions applicable.

9-4-4.7. Time of election on annexation--Referendum provisions applicable.
The governing body shall within ten days after the presentation of a petition pursuant to §9-4-4.5, fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body. If a petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of §9-13-14, the question shall be submitted at that annual municipal election. The special election shall be conducted pursuant to §§9-20-12 to 9-20-14, inclusive, and §§9-20-16 and 9-20-17 and shall be under the charge of the municipal finance officer.
Source:
SL 1979, ch 47, §10; SL 1981, ch 63; SL 1983, ch 53, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.8 - Special precinct for area to be annexed--Registration lists.

9-4-4.8. Special precinct for area to be annexed--Registration lists.
Upon the filing of a petition pursuant to §9-4-4.5, the county commissioners of the county in which the area to be annexed lies, shall upon request of the municipal finance officer, establish a special election precinct comprising all of the registered voters residing in the area to be annexed. The county commission shall also submit the necessary registration lists to the municipal official in charge of the election at least one day prior to the election.
Source:
SL 1979, ch 47, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.9 - Vote required to approve annexation--Effective date.

9-4-4.9. Vote required to approve annexation--Effective date.
The referred resolution so submitted shall become operative if approved by a majority of the votes cast, in the combined area of the municipality and special annexation precinct. If approved, it shall take effect upon completion of the canvass of the special election returns.
Source:
SL 1979, ch 47, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.10 - Proceedings to enforce terms of resolution of annexation or resolution of intent.

9-4-4.10. Proceedings to enforce terms of resolution of annexation or resolution of intent.
Any person of the annexed area may institute proceedings in the circuit court to compel performance of any aspect of the resolution of intent or the resolution of annexation as finally adopted extending the municipal boundaries and services. The proceedings shall be instituted within seven years of the adoption of the resolution of annexation.
Source:
SL 1979, ch 47, §12; SL 1984, ch 52, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-4.11 - Resolution of intent to annex--Contents for small municipalities.

9-4-4.11. Resolution of intent to annex--Contents for small 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 less than one thousand in population 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)The estimated difference in tax assessment rate for the residents in the contiguous territory;
(4)That exclusions and irregularities in boundary lines are not the result of arbitrariness;
(5)That there is reasonable present or demonstrable future need for annexing the contiguous territory; and
(6)That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.
Source:
SL 1988, ch 74, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-5 - Annexation of unplatted territory subject to approval by county commissioners.

9-4-5. Annexation of unplatted territory subject to approval by county commissioners.
No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been platted by a duly recorded plat or any agricultural land as defined in §10-6-110.
Source:
SDC 1939, §45.2906 as added by SL 1955, ch 215, §1; SL 1982, ch 71, §1; SL 2021, ch 44, § 44.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-6 - Exclusion of territory from municipality on petition or by vote of governing body.

9-4-6. Exclusion of territory from municipality on petition or by vote of governing body.
Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the governing body may by resolution exclude the territory from the municipality. However, if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition must be signed by the owner only.
Source:
SL 1887, ch 104, §2; CL 1887, §1115; RPolC 1903, §1509; RC 1919, §6555; SDC 1939, §45.2901; SL 1939, ch 191; SL 2016, ch 52, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-7 - Publication of petition for exclusion of territory.

9-4-7. Publication of petition for exclusion of territory.
No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of §9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks.
Source:
SL 1887, ch 104, §3; CL 1887, §1116; RPolC 1903, §1510; RC 1919, §6556; SDC 1939, §45.2902.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-8 - Petition to circuit court for exclusion of territory after refusal by governing body.

9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body.
Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§9-4-6 and 9-4-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts.
Source:
SL 1887, ch 104, §4; CL 1887, §1117; RPolC 1903, §1511; RC 1919, §6557; SDC 1939, §45.2903.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-9 - Service of notice of petition to circuit court--Hearing at term or in vacation.

9-4-9. Service of notice of petition to circuit court--Hearing at term or in vacation.
Notice of filing pursuant to §9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the date of such hearing.
The hearing on the petition may be had by the court at a regular or special term or in vacation.
Source:
SL 1887, ch 104, §4; CL 1887, §1117; RPolC 1903, §1511; RC 1919, §6557; SDC 1939, §45.2903.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-10 - Court order for exclusion of territory--Dismissal of petition.

9-4-10. Court order for exclusion of territory--Dismissal of petition.
If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order.
If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners.
Source:
SL 1887, ch 104, §5; CL 1887, §1118; RPolC 1903, §1512; RC 1919, §6558; SDC 1939, §45.2904.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-11 - Recording of resolution or decree changing municipal boundaries--Effective date.

9-4-11. Recording of resolution or decree changing municipal boundaries--Effective date.
Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such territory, together with a copy of the resolution or decree duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated, and thereupon such territory shall become and be a part of such municipality or be excluded therefrom as the case may be.
Source:
SL 1887, ch 104, §6; CL 1887, §1119; RPolC 1903, §1513; RC 1919, §6563; SDC 1939, §45.2908; SL 1955, ch 215, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-12 - Annexation of territory near municipal airport prohibited--Exception.

9-4-12. Annexation of territory near municipal airport prohibited--Exception.
No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A. However, if the governing body of the airport-operating municipality consents, by resolution, to such a proposed annexation by another municipality, the provisions of this section do not apply to the extent of the waiver provided in the consent resolution of the airport-operating municipality.
Source:
SL 2003, ch 42, §1; SL 2005, ch 47, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 04 - Change Of Municipal Boundaries › Section 9-4-14 - Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.

9-4-14. Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.
If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of §9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality annexes such airport, the municipality may exercise extraterritorial jurisdiction pursuant to chapter 11-6, but only to the extent of one and one-quarter miles of the exterior boundary of the airport property. Such one and one-quarter mile extraterritorial jurisdiction supercedes the three-mile extraterritorial jurisdiction of any other municipality or jurisdiction of any other governmental entity, except as provided in Title 50.
Such one and one-quarter mile extraterritorial jurisdiction does not include property located within the corporate limits of another municipality. However, the latter municipality may not allow any airport hazards as defined in Title 50 in its corporate limits within the one and one-quarter mile extraterritorial jurisdiction around the airport property.
Source:
SL 2003, ch 42, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-1 - Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.

9-5-1. Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.
No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who are also named as owners of real property in the tax list of the last preceding year, shall file with the municipal finance officer a petition requesting consolidation. When such petition has been filed the governing bodies of the municipalities concerned shall meet and fix the terms upon which the proposed annexation shall be made. If both governing bodies agree upon the proposed terms, they shall by identical resolutions so declare.
Source:
SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01; SL 1987, ch 67, §21.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-2 - Publication of resolutions of annexation--Approval of voters required.

9-5-2. Publication of resolutions of annexation--Approval of voters required.
All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provided.
Source:
SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-3 - Notice, conduct, and canvass of elections on annexation.

9-5-3. Notice, conduct, and canvass of elections on annexation.
Such elections on the proposition of consolidating such contiguous municipalities as fixed and called by resolution shall be noticed, held, conducted, and canvassed as provided for a special or annual election as the case be.
Source:
SL 1951, ch 249, §2; SL 1955, ch 214, §2; SDC Supp 1960, §45.29A02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-4 - Waiting period after rejection of annexation by voters.

9-5-4. Waiting period after rejection of annexation by voters.
If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation.
Source:
SL 1951, ch 249, §2; SL 1955, ch 214, §2; SDC Supp 1960, §45.29A02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-5 - Submission of question to voters of municipality to be annexed--Date of election.

9-5-5. Submission of question to voters of municipality to be annexed--Date of election.
After the resolutions proposing the plan for annexation shall take effect, the municipality to be annexed shall, by resolution, submit the question of annexation to the voters of such municipality at a special election called for that purpose fixing the date thereof or at the next annual municipal election, provided that any such election shall be held within sixty days after the said resolutions proposing the plan for annexation shall take effect.
Source:
SL 1951, ch 249, §1; SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-6 - Form of ballot on question of annexation.

9-5-6. Form of ballot on question of annexation.
The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross () or check mark () in a square or circle preceding the phrase "For the annexation of (naming the municipality) to (naming the municipality)" or "Against the annexation of (naming the municipality) to (naming the municipality)."
Source:
SL 1951, ch 249, §3; SDC Supp 1960, §45.29A03.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-7 - Resolution declaring approval by voters of municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election.

9-5-7. Resolution declaring approval by voters of municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election.
If a majority of the votes cast in the election held in the municipality desiring to be annexed are in favor of annexation, the governing body of the municipality shall so declare by resolution. A certified copy of the whole proceedings for the annexation shall be filed within ten days after the election with the auditor of the municipality to which the annexation is to be made. Upon the filing of the certified copy as provided in this section, the municipality to which annexation is to be made shall by resolution submit the question of annexation to the voters of the municipality at a special election called for that purpose fixing the date thereof within sixty days after the filing of the certified copy of the proceedings as provided in this section. If the filing is on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of §9-13-14, the question shall be submitted at that annual municipal election.
Source:
SL 1955, ch 214, §1; SDC Supp 1960, §45.29A01; SL 1983, ch 53, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-8 - Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.

9-5-8. Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.
If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of such municipality and he shall file a certified copy of such proceedings and a certified copy of the proceedings of the municipality to be annexed with the secretary of state, and in the office of the register of deeds of the county, who shall record the same.
Source:
SL 1951, ch 249, §4; SL 1955, ch 214, §3; SDC Supp 1960, §45.29A04.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-9 - Effective date of annexation--Implementing ordinance.

9-5-9. Effective date of annexation--Implementing ordinance.
Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordinance as will carry into effect such annexation, and thereafter the municipality annexed shall be a part of the municipality to which the annexation is made.
Source:
SL 1951, ch 249, §5; SL 1953, ch 267; SDC Supp 1960, §45.29A05.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-11 - Title to municipal property after annexation.

9-5-11. Title to municipal property after annexation.
The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities.
Source:
SL 1951, ch 249, §9; SDC Supp 1960, §45.29A09.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-12 - Assumption of municipal debts and obligations after annexation.

9-5-12. Assumption of municipal debts and obligations after annexation.
All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation.
Source:
SL 1951, ch 249, §10; SDC Supp 1960, §45.29A10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-13 - Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.

9-5-13. Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.
Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed municipality shall ever be subjected, in any way, to the payment of any part of said bonded indebtedness.
Source:
SL 1951, ch 249, §7; SDC Supp 1960, §45.29A07.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-14 - Bonded indebtedness of annexed municipality--Tax levy.

9-5-14. Bonded indebtedness of annexed municipality--Tax levy.
Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such municipality so annexed, and to continue such tax from year to year so long as the same shall be necessary.
Source:
SL 1951, ch 249, §8; SDC Supp 1960, §45.29A08.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-15 - Enforcement of claims and demands against annexed municipality--Payment of judgments.

9-5-15. Enforcement of claims and demands against annexed municipality--Payment of judgments.
Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in §9-5-12 for the payment of the indebtedness of such annexed municipality.
Source:
SL 1951, ch 249, §11; SDC Supp 1960, §45.29A11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-16 - School districts consolidated on annexation.

9-5-16. School districts consolidated on annexation.
Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality.
Source:
SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-17 - Title to school district property after consolidation--Assumption of debts and obligations.

9-5-17. Title to school district property after consolidation--Assumption of debts and obligations.
The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and paid by the school district as enlarged by such consolidation.
Source:
SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-18 - Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.

9-5-18. Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.
Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed school district shall ever be subjected in any way to the payment of any part of said bonded indebtedness.
Source:
SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-19 - Bonded indebtedness of annexed school district--Tax levy.

9-5-19. Bonded indebtedness of annexed school district--Tax levy.
Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such school district so annexed and to continue such tax from year to year so long as the same shall be necessary.
Source:
SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 05 - Annexation Of Contiguous Municipalities › Section 9-5-20 - Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district.

9-5-20. Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district.
All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, discharged, modified, repealed, or otherwise changed in the manner provided by law.
Source:
SL 1951, ch 249, §13; SDC Supp 1960, §45.29A13.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-1 - Landowners' petition to circuit court for dissolution by decree.

9-6-1. Landowners' petition to circuit court for dissolution by decree.
Whenever a municipality shall have less than two hundred fifty population, the owners of a majority of the real property therein, both in area and assessed valuation, may petition the circuit court of the county in which such municipality or any part thereof is situated for the dissolution of the municipality.
Source:
SL 1903, ch 91, §1; RC 1919, §6566; SDC 1939, §45.3002.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-2 - Contents of petition for dissolution by decree--Verification and filing.

9-6-2. Contents of petition for dissolution by decree--Verification and filing.
Such petition must show the name of the municipality, the date of its incorporation, the fact that it contains a population of less than two hundred fifty persons, and that the petitioners are the owners of more than one-half of the real property contained within its limits, in area, and of more than one-half of such real property in assessed valuation, as shown by the last assessment thereof prior to the filing of such petition. Such petition shall be verified by the affidavit of two or more of the petitioners to the effect that the statements contained in it are true and be filed in the office of the clerk of the circuit court.
Source:
SL 1903, ch 91, §1; RC 1919, §6566; SDC 1939, §45.3002.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-3 - Show cause order to municipality on petition for dissolution--Service.

9-6-3. Show cause order to municipality on petition for dissolution--Service.
Upon the filing of a petition as provided in §§9-6-1 and 9-6-2 the circuit court shall issue an order to the municipality, returnable in not less than ten nor more than thirty days, to show cause why the petition should not be granted. Such order shall be served in the same manner as summonses in civil action against municipalities not less than ten nor more than thirty days before the return date thereof.
Source:
SL 1903, ch 91, §2; RC 1919, §6567; SDC 1939, §45.3003.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-4 - Objections to petition for dissolution--Taking of evidence.

9-6-4. Objections to petition for dissolution--Taking of evidence.
Upon the return day of such order, or any day to which the hearing thereon may be adjourned, objections to the petition may be filed on behalf of the municipality or any property owner or taxpayer thereof, which objections shall be in writing and be verified in the same manner as the petition.
The court may upon such hearing take such evidence as it may deem proper to a determination of the petition and objections thereto.
Source:
SL 1903, ch 91, §2; RC 1919, §6567; SDC 1939, §45.3003.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-5 - Referee to determine facts on petition for dissolution--Report of referee.

9-6-5. Referee to determine facts on petition for dissolution--Report of referee.
If upon such hearing it appears to the satisfaction of the court that the interests of such municipality and of its property owners and taxpayers require that the municipality be dissolved, the court shall appoint a referee to make an enumeration of its population and to examine the records of such municipality and of the county in which the same is situated, to ascertain whether such petition has been executed by persons owning more than one-half of the real property within such corporation, both in area and assessed valuation.
The court may also refer to such referee any other question in controversy which may arise upon the petition and objections thereto.
Such referee shall with all convenient speed make his report to the court of all matters referred to him, and upon the filing of such report and upon not less than six days' notice to the municipality, the court shall consider the report of the referee.
Source:
SL 1903, ch 91, §3; RC 1919, §6568; SDC 1939, §45.3004.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-6 - Decree of dissolution of municipality.

9-6-6. Decree of dissolution of municipality.
If it appears from such report that the population of such municipality is less than two hundred fifty, and that such petition has been executed by property owners owning more than one-half of the real property within such municipality, both in area and in assessed valuation; and if it further appears to the satisfaction of the court that it is to the best interests of such municipality and of the property owners thereof that it be dissolved, the court shall render a judgment adjudging and decreeing the dissolution of such municipality.
Source:
SL 1903, ch 91, §3; RC 1919, §6568; SDC 1939, §45.3004.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-7 - Judgment record in proceedings for dissolution.

9-6-7. Judgment record in proceedings for dissolution.
The petition and all objections thereto, the report of the referee, and the judgment of dissolution shall be entered by the clerk of courts upon his judgment record, the same as judgments are entered in civil cases.
Source:
SL 1903, ch 91, §3; RC 1919, §6568; SDC 1939, §45.3004.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-8 - Filing and recording of decree of dissolution--Cessation of municipal existence.

9-6-8. Filing and recording of decree of dissolution--Cessation of municipal existence.
A copy of the judgment of dissolution, certified by the clerk of courts, shall be filed in the office of the register of deeds in the county or counties in which such municipality is situated and in the Office of the Secretary of State, and upon the filing of such copies such municipality shall be deemed to be dissolved, and it shall cease to be a municipality excepting as set forth in §9-6-9.
Source:
SL 1903, ch 91, §4; RC 1919, §6569; SDC 1939, §45.3005.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-9 - Jurisdiction of municipal territory after dissolution--Power of municipal officers to wind up affairs.

9-6-9. Jurisdiction of municipal territory after dissolution--Power of municipal officers to wind up affairs.
After the entry of the judgment of dissolution the territory comprised in such municipality shall revert to the jurisdiction and control and shall become a part of the local subdivision or organization of which it would have been a part had it never existed.
Its governing body and other officers shall cease to possess any powers except that they shall remain in office and shall possess, under the direction of the circuit court, all powers necessary to the winding up of the corporate affairs of such municipality, including the power to levy and collect taxes to pay its indebtedness, and to make all orders necessary for the disposal of its property and for the proper distribution of the proceeds thereof. Such governing body and other officers shall remain in office for such purposes only for the period of six months after the entry of the judgment of dissolution unless the court entering such judgment shall order an extension of such period of six months for the purpose of permitting the affairs of such municipality to be fully closed.
Source:
SL 1903, ch 91, §5; RC 1919, §6570; SDC 1939, §45.3006.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-10 - Application for dissolution by election--Ballot form and conduct of election.

9-6-10. Application for dissolution by election--Ballot form and conduct of election.
If an application signed by fifteen percent of the registered voters of any municipality, based upon the total number of registered voters at the last preceding general election, having less than one thousand inhabitants is presented to the governing body asking for the dissolution of the municipality, the governing body shall call a special election by giving fifty days' published notice thereof to determine whether the municipality shall be dissolved. No signature on the application is valid if signed more than six months prior to the filing of the application. If any such application is presented on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of §9-13-14, the question shall be submitted at that annual municipal election.
The vote upon the question of dissolution shall be by ballot and cast in the manner provided by chapter 9-13.
Source:
SL 1893, ch 35, §1; RPolC 1903, §§1415, 1465; RC 1919, §6564; SDC 1939, §45.3001; SL 1983, ch 52, §2; SL 1983, ch 53, §3; SL 1987, ch 67, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 06 - Dissolution Of Municipalities › Section 9-6-11 - Waiting period after rejection of dissolution by voters.

9-6-11. Waiting period after rejection of dissolution by voters.
Where an election is had under §9-6-10 and a majority of the votes cast at such election shall be against dissolution, there shall be no other election held for the purpose of dissolving the municipality until five years after the date of such first election.
Source:
SL 1893, ch 35, §1; RPolC 1903, §§1415, 1465; RC 1919, §6564; SDC 1939, §45.3001.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 07 - Third Class Municipality Board Of Trustees › Section 9-7-1 - Composition and election of board--Qualifications of trustee--Change in number.

9-7-1. Composition and election of board--Qualifications of trustee--Change in number.
The Board of Trustees of a third class municipality shall consist of not less than three nor more than five members elected at large. Each shall be a legal voter of the municipality. The number of trustees of a municipality may be increased to five or reduced to three in the manner prescribed by chapter 9-11.
Source:
PolC 1877, ch 24, §15; CL 1887, §1036; SL 1895, ch 182, §1; RPolC 1903, §1431; SL 1905, ch 170; SL 1907, ch 243; RC 1919, §6196; SL 1933, ch 151; SDC 1939, §45.0601; SL 1979, ch 48, §§1, 2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 07 - Third Class Municipality Board Of Trustees › Section 9-7-3 - Terms of office of trustees--Vacancy.

9-7-3. Terms of office of trustees--Vacancy.
The members of the Board of Trustees shall hold office for three years and until their successors are elected and qualified. A vacancy on the board shall be filled as provided in §9-13-14.1 or 9-13-14.2.
When a municipality is organized, the trustees shall be elected for terms of one, two, and three years respectively at the first annual election. At subsequent elections each trustee shall be elected for a term of three years.
Source:
SL 1907, ch 243, §1; RC 1919, §6197; SL 1931, ch 200, §1; SDC 1939, §45.0602; SL 1992, ch 60, §2; SL 2014, ch 50, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 07 - Third Class Municipality Board Of Trustees › Section 9-7-5 - President of board.

9-7-5. President of board.
At the first regular meeting after their election the members of the Board of Trustees shall elect one of their number as president to serve for one year and until his successor is elected and qualified.
Source:
PolC 1877, ch 24, §19; CL 1887, §1040; RPolC 1903, §1435; RC 1919, §6200; SDC 1939, §45.0605.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 07 - Third Class Municipality Board Of Trustees › Section 9-7-6 - Regular and special meetings of board.

9-7-6. Regular and special meetings of board.
The board shall hold regular meetings at such times as may be provided by ordinance.
Special meetings of the board may be held at any time upon call of the president or clerk by oral or written notice to the members present within the municipality.
Source:
PolC 1877, ch 24, §21; CL 1887, §1042; RPolC 1903, §1437; RC 1919, §§6201, 6202; SDC 1939, §45.0606; SL 1989, ch 72, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 07 - Third Class Municipality Board Of Trustees › Section 9-7-7 - Quorum--Majority required for action.

9-7-7. Quorum--Majority required for action.
A majority of the members of the board shall constitute a quorum, but no act of the board shall be effective unless assented to by a majority of the members.
Source:
RC 1919, §6203; SDC 1939, §45.0607.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-1 - Mayor--Term of office.

9-8-1. Mayor--Term of office.
The chief executive officer of a municipality under the aldermanic form is the mayor. The mayor holds office for a term of not less than two nor more than five years as determined by ordinance. A mayor may hold office for more than one term.
Source:
SDC 1939, §45.0701; SL 1959, ch 267; SL 1984, ch 53, §1; SL 1992, ch 60, §2; SL 1992, ch 61, §1; SL 2001, ch 42, §1; SL 2017, ch 56, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-1.1 - Qualifications of mayor and alderman.

9-8-1.1. Qualifications of mayor and alderman.
A person may be nominated, elected, or appointed as a mayor or as an alderman if the person is a citizen of the United States, a voter of and resident of the municipality, and, if an alderman, a voter of and resident of the ward for which the person is to hold office.
Source:
SL 1992, ch 61, §2; SL 2017, ch 56, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-2 - Vacancy in office of mayor--Temporary absence or disability.

9-8-2. Vacancy in office of mayor--Temporary absence or disability.
If there is a vacancy from any cause in the office of the mayor, the vacancy shall be filled by appointment by a majority vote of the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in §9-13-14.2. Until the vacancy is filled or during the time of temporary absence or disability of the mayor, the powers and duties of mayor are executed by the president or vice president of the council as provided in §9-8-7.
Source:
SL 1890, ch 37, art III, §2; RPolC 1903, §§1182, 1184; SL 1907, ch 89; RC 1919, §6205; SDC 1939, §45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, §1; SL 2017, ch 56, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-3 - Powers and duties of mayor--Veto power.

9-8-3. Powers and duties of mayor--Veto power.
The mayor presides at all meetings of the council but only votes in case of a tie. The mayor performs other duties as may be prescribed by the laws and ordinances, and takes care that the laws and ordinances are faithfully executed. The mayor shall annually, or as may be necessary, give the council information relative to the affairs of the municipality, and recommend for the council's consideration the measures the mayor deems expedient. The mayor may sign or veto any ordinance or resolution passed by the common council, and may veto any part or item of an ordinance or resolution appropriating money.
Source:
SL 1890, ch 37, art III, §§4, 8, 10, 14; RPolC 1903, §§1185, 1189, 1191, 1195; RC 1919, §§6206 to 6208; SDC 1939, §45.0702; SL 1992, ch 60, §2; SL 2017, ch 56, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-4 - Composition of common council--Election and terms of office of aldermen--Vacancy.

9-8-4. Composition of common council--Election and terms of office of aldermen--Vacancy.
The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. The mayor and aldermen hold office until their successors are elected and qualified. At the first election of aldermen, the council shall stagger the initial terms of the alderman in each ward to provide that the two aldermen are not up for reelection in the same year. A person may hold office for more than one term. The vacancy of an alderman is filled as provided in §9-13-14.1 or 9-13-14.2
Source:
SDC 1939, §45.0703; SL 1998, ch 44, §1; SL 2005, ch 48, §2; SL 2017, ch 56, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-4.1 - Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.

9-8-4.1. Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.
Notwithstanding §9-8-4, the voters of any second or third class municipality may, by majority vote, choose to elect aldermen to the common council at large using the process provided in §9-11-6. The voters may revert to electing aldermen by ward in the same manner provided in this section, subject to the waiting period in §9-11-8.
Source: SL 2022, ch 21, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-5 - Power of council to judge members and govern proceedings--Bribery vacating office.

9-8-5. Power of council to judge members and govern proceedings--Bribery vacating office.
The council is the judge of the election and qualification of its members. The council determines its rules of procedure, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen may expel a member.
Any alderman who is convicted of bribery shall vacate the position.
Source:
SL 1890, ch 37, art IV, §§6, 7; RPolC 1903, §§1203, 1204; RC 1919, §6210; SDC 1939, §45.0704; SL 2017, ch 56, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-7 - President and vice president of council--Election and duties.

9-8-7. President and vice president of council--Election and duties.
At the first regular meeting after the annual election in each year and after the qualification of the newly elected aldermen, the council shall elect from among its members a president and vice president, who shall hold their respective offices for the municipal year.
The president of the council in the absence of the mayor acts as the presiding officer of the council. During the absence of the mayor from the municipality or the mayor's temporary disability, the president of the council is acting mayor and has all the powers of the mayor.
In the absence or disability of the mayor and president of the council, the vice president of the council shall perform the duties of the mayor and president of the council.
However, the president of the council or vice president of the council acting as the mayor shall only vote as an alderman. No alderman acting as mayor may vote as the mayor to break a tie vote.
Source:
SL 1890, ch 37, art IV, §10; RPolC 1903, §1207; RC 1919, §6213; SDC 1939, §45.0706; SL 1992, ch 60, §2; SL 2017, ch 56, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 08 - Aldermanic Form Of Government › Section 9-8-8 - Meetings of council--Quorum--Journal of proceedings.

9-8-8. Meetings of council--Quorum--Journal of proceedings.
The council holds its regular meetings on the first Monday of each month but may, by ordinance, change the day of its regular monthly meetings. The council may prescribe by ordinance the manner in which special meetings may be called.
A majority of the aldermen constitutes a quorum to do business. When a seat on a council is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining aldermen who are qualified to serve as aldermen by election or appointment pursuant to chapter 9-13. The council may compel the attendance of absentees under such penalties as may be prescribed by ordinance.
The meetings of the council are open to the public and it shall keep a journal of its proceedings.
Source:
SL 1890, ch 37, art IV, §§9, 11; RPolC 1903, §§1205, 1206, 1208; RC 1919, §§6211, 6212, 6214; SDC 1939, §45.0705; SL 2017, ch 56, §8.