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, […]
Section 9-3-2 – Survey and map showing proposed municipal boundaries–Affidavit of surveyor.
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 […]
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. […]
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 […]
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 […]
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 […]
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 9-2-4 – Form of government for existing municipalities continued.
9-2-4. Form of government for existing municipalities continued. The present form of government of existing municipalities shall continue until changed as provided by this title. Source: RC 1919, §6188; SDC 1939, §45.0402.
Section 9-1-3 – Judicial notice of municipal organization.
9-1-3. Judicial notice of municipal organization. The courts of this state shall take judicial notice of the existence of all municipalities organized under the general laws of this state and of any change of organization authorized thereby. Source: SL 1890, ch 37, art I, §5; RPolC 1903, §1174; SL 1913, ch 119, §5; RC 1919, […]