9-3-1. Minimum population of municipalities. A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety […]
9-3-1.1. Minimum distance from existing municipality–Exceptions. A municipality may not be incorporated if any part of such proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any incorporated municipality, unless the incorporated municipality refuses or fails to annex a territory which is contiguous to said incorporated municipality, […]
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 […]
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 […]
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. […]
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 […]
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 […]
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.
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 […]
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, […]
9-3-2. Survey and map showing proposed municipal boundaries–Affidavit of surveyor. Persons making application for the organization of a proposed municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of the proposed municipality showing the boundaries and area thereof and the accuracy of […]
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.
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. […]
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 […]
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.
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.
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: […]
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 […]
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.
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 […]
