US Lawyer Database

Section 9-1-7 – Existing rights unaffected–Remedies cumulative .

9-1-7. Existing rights unaffected–Remedies cumulative. The adoption of this code, except as otherwise specifically provided, shall not affect any then existing right or liability of or prosecution by any municipality, but any different applicable remedy provided shall be cumulative to existing remedies. Source: SL 1890, ch 37, art I, §7; RPolC 1903, §1176; SL 1913, […]

Section 9-1-9 – Appeal to circuit court–Transcript–Conditional use permit.

9-1-9. Appeal to circuit court–Transcript–Conditional use permit. An appeal and transcript, if a transcript exists, shall be filed by the finance officer as soon as practicable and shall stand for trial as soon as possible. Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. An appeal relating […]

Section 9-2-1 – Classes enumerated–Population groups.

9-2-1. Classes enumerated–Population groups. There shall be the following three classes of municipal corporations: (1)Municipalities of the first class are municipal corporations with a population of five thousand and over; (2)Municipalities of the second class are municipal corporations with a population between five hundred and five thousand; (3)Municipalities of the third class are municipal corporations […]

Section 9-2-2 – Population determined by census–Estimate by election totals after change of municipal boundaries.

9-2-2. Population determined by census–Estimate by election totals after change of municipal boundaries. For the purpose of classification the population of each municipality shall be determined by the last preceding federal census. Whenever the enumeration of such last preceding census was made with reference to territory substantially different from that embraced by the boundaries of […]

Section 9-2-3 – Form of municipal government.

9-2-3. Form of municipal government. Each municipality shall be governed by a board of trustees, a mayor and common council, or by a board of commissioners. A city manager may serve with any of the forms of government. Source: SDC 1939, §45.0401; SL 1992, ch 60, §2; SL 2000, ch 34, §1.

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, […]

Section 9-1-4 – Corporate seal–Corporate name.

9-1-4. Corporate seal–Corporate name. Every municipality shall have and use a corporate seal, which it may change at pleasure. It also shall have a corporate name and be styled the “city of ____” or the “town of ____,” by which style it may exercise the powers conferred upon it. Source: SL 1890, ch 37, art […]

Section 9-1-1 – Definition of terms.

9-1-1. Definition of terms. Terms used in this title, unless the context otherwise plainly requires, shall mean: (1)”County,” the county or counties wherein the municipality concerned or affected is located; (2)”Elector(s)” or “qualified elector(s),” voter(s); (3)General terms descriptive of an officer, act, proceeding, or thing shall have reference to a municipality concerned or affected; (4)”Governing […]

Section 9-1-2 – Municipalities governed by title.

9-1-2. Municipalities governed by title. All municipalities organized under the provisions of this title shall be governed by the provisions of this title. Source: SL 1890, ch 37, art I, §4; RPolC 1903, §§1170, 1173; RC 1919, §§6155, 6156; SDC 1939, §45.0104; SL 1975, ch 84.