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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]