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 […]
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, […]
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.
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. […]
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 […]
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.
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 […]
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 […]
Section 9-3-1 – Minimum population of municipalities.
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 […]
Section 9-3-1.1 – Minimum distance from existing municipality–Exceptions.
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, […]