Title 31 — HIGHWAYS AND BRIDGES

Any area outside the boundary of a municipality, which is situated so that the construction or maintenance of roads becomes desirable, may be incorporated as a road district pursuant to this chapter. Source: SL 1977, ch 241 , § 1; SL 1982, ch 224 , § 1; SL 1998, ch 36 , § 9; SL 1…

Notwithstanding any other provision of chapter 31-12A , an area with three or fewer landowners may be formed into a road district pursuant to this chapter. Each landowner shall be a trustee at large and no election of trustees is required. After the district is incorporated and t…

As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent ele…

If a majority vote in favor of the incorporation, the territory is deemed a road district by the name and style specified in the order of incorporation issued by the board of county commissioners; otherwise, no further proceedings may be taken. However, any owner of land classifi…

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the road district is incorporated by the name adopted. The order shall be conclusive of the fact of such incorporation in all suits by or against the road distric…

Such road district, created and established under this chapter, shall be a governmental subdivision of this state and a public body, corporate and politic. Source: SL 1977, ch 241 , § 13.

The board of county commissioners is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provis…

31-12A-15.1 Notice of meeting and election--Contents--Notice upon vacancy. 31-12A-16 Election of trustees at large--Terms of office--Annual elections. 31-12A-17 Nominations for trustee--Certificates of nomination. 31-12A-18 Trustees not compensated--Election of president. 31-12A-…

In each road district, after the initial election provided for in §§ 6-16-5 and 6-16-5.2 , an annual election of officers shall be held on the first Tuesday in May at a place in the district as the board of trustees shall designate. Unless otherwise specified, the election shall …

Notice of the meeting and election required by § 31-12A-15 shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated or notice may be given by posting in a public place within the dist…

There shall be elected from among the eligible voters of the district at the first election of a road district, held pursuant to § 6-16-5 or 6-16-5.2 , three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and…

If the initial trustees are to be elected at the meeting at which the incorporation election is held as provided in § 6-16-5 , the trustees shall be nominated by the eligible voters in attendance at the meeting. Otherwise, the initial trustees shall be nominated as provided in §

The members of the board of trustees shall serve without compensation. They shall organize by electing one of their number president, whose duty it shall be to preside over all meetings of said board and to call all special meetings of said board when he or a majority of said boa…

The board of trustees shall adopt such rules and regulations for the conduct of the business of said board, and shall fix a stated time at which the regular meetings of said board shall be held. A majority of the board of trustees shall constitute a quorum but a smaller number ma…

Any person making application for the organization of a road district shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the road district, showing the boundaries and area of the district. The accuracy of the survey and map…

The board of trustees shall cause to be kept a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, rules, and regulations. Source: SL 1977, ch 241 , § 20.

The board of trustees of any sanitary district incorporated under chapter 34A-5 may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question of whether the district shall be authorized to exercis…

The board of trustees may: (1) Appoint a treasurer and a clerk, an engineer, attorney, and other employees for the road district and fix their compensation. These officers shall hold their respective offices at the pleasure of the board, and be bonded for the faithful performance…

The board of trustees shall have the power to pass all necessary ordinances, resolutions, orders, rules, and regulations for the proper management and conduct of the business of said road district, and to carry into effect the ordinances, orders, resolutions, rules, and regulatio…

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for road district service rendered or made available to any land within and part of the district, which are due and unpaid on the first day of October in each year to be certifie…

No trustee or employee of a road district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other pro…

All proceedings for constructing and maintaining the roads and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26 , 9-40 , 9-43 , 9-45 , and 9-46 . Source: SL 1977, ch 241 , § 24; …

Any road constructed or maintained pursuant to this chapter is a public highway, and any speed limits, vehicle weight limits, and any other vehicle or traffic regulations on such roads may be enforced by any law enforcement officer. Source: SL 1999, ch 151 , § 3.

Notwithstanding any other provision of this chapter, a road district may contract for and expend district funds for road work projects to be constructed outside of the geographical area of the road district, if the board of trustees approves that action by a two-thirds vote of th…

A majority of the eligible voters of a road district may petition a court of competent jurisdiction for the dissolution of the road district. Dissolution proceedings shall, to the extent applicable, conform to the provisions for dissolution of municipalities pursuant to chapter 9…

Notwithstanding the provisions of § 31-12A-27 , the board of trustees of a road district may, by unanimously adopting a proper resolution, provide for the dissolution of the district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Before a…

Two or more road districts may form a consolidated road district that comprises their combined area pursuant to §§ 31-12A-29 to 31-12A-36 , inclusive. The governing body of each road district shall by resolution propose the formation of the consolidated road district, specifying …

Not less than twenty-five percent of the eligible voters as defined in § 31-12A-1.2 who own land lying within the limits of the territory proposed to be organized into a road district may file a petition with the board of county commissioners asking that a road district be organi…

The governing body of each road district described in § 31-12A-29 shall submit by resolution the question of consolidation to the eligible voters of each road district at a special election called for that purpose pursuant to chapter 6-16 . The proposition shall be submitted to t…

If the eligible voters of each road district approve the formation of the consolidated road district by a majority of the votes cast on the consolidation question, the governing body of each road district shall so declare by resolution and file a certified copy of each proceeding…

The consolidated board of trustees shall be elected as provided in chapter 6-16 and this chapter and shall govern the consolidated road district as provided in this chapter. Source: SL 2001, ch 159 , § 4; SL 2014, ch 46 , § 20.

The consolidated road district does not, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any road district included within its boundaries. Source: SL 2001, ch 159 , § 5.

A consolidated road district may contract with any road district for the purchase or use of property that the road district is authorized to construct or acquire and maintain pursuant to this chapter. Source: SL 2001, ch 159 , § 6.

After the creation of a road district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the curren…

A contiguous area may be annexed to a road district by circulation of an initiating petition for annexation signed by twenty-five percent of the eligible voters in the area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initia…

Such survey, map, and petition when completed and verified shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within such territory for a period of not less than twenty day…

31-12A-5.1 Territory within subdivision jurisdiction of municipality--Requirement for approval of petition. 31-12A-5.2 Transfer of jurisdiction over public highway to road district prohibited. 31-12A-6 Order declaring territory incorporated--Name of district--Election. 31-12A-7 3…

If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county b…

No political subdivision of the state may relinquish or transfer jurisdiction over any public highway to a road district. Source: SL 1999, ch 151 , § 13.

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the eligible voters, as specified in § 6-16-2 , in an election as provided …

The certificate shall be in writing and shall contain the name of the candidate, residence, business address, and the office for which the candidate is named, and shall be signed by at least five percent of the eligible voters. Source: SL 1977, ch 241 , § 17; SL 1998, ch 36 , § 1…