Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL § 7-3-1 Petition for division of county--Contents and filing--Minimum size of new county
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If fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, residing in any portion consisting of not less than twenty - four congressional townships or any portion consisting of not less than one hundred m…
SDCL § 7-3-10 Auditor - general's apportionment final if no action brought
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In case no action is brought within the time prescribed in § 7-3-9 , the apportionment made by the auditor - general shall be final and binding upon all counties and persons affected. Source: SL 1917, ch 175 , § 3; RC 1919, § 5778; SDC 1939, § 12.0405.
SDCL § 7-3-11 Warrants issued for settlement of accounts between counties
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It shall be the duty of the boards of county commissioners of such counties at their next regular meeting after the expiration of thirty days from the filing of the report of the auditor - general, to issue warrants upon the several funds to the creditor county to pay any amounts…
SDCL § 7-3-12 Expenses of auditor - general--Apportionment and payment by counties
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For the work herein provided, the auditor - general shall be paid at the rate and in the manner fixed by law for such auditor - general, and the expense of making such apportionment shall be charged to each of the counties and the amount thereof apportioned to each county ratably…
SDCL § 7-3-13 Transfer of books, records, and files relating exclusively to new county
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Whenever an organized county has been or shall be divided and a division of the books, records, and files has not been made, it shall be the duty of the county commissioners of the new county or counties to procure from the original county, and it shall be the duty of the proper …
SDCL § 7-3-14 Indexing and marginal notation by original county of records transferred to new county--Indexing and preservation in new county
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In all cases where any files delivered under the provisions of this chapter are indexed in the office of the original county, it shall be the duty of the custodian of such files, before delivering the same, to note in the margin or other proper place in such index that such files…
SDCL § 7-3-15 Inventory of books, records and files transferred to new county
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Before any officer of an original county which has been divided or from which the territory has been detached, as mentioned in § 7-3-13 , shall surrender any books, records, or files from his office, it shall be the duty of such officer to make a detailed inventory of such books,…
SDCL § 7-3-16 Transferred records deemed original records--Certified copies as evidence
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The records transferred under the provisions of this chapter shall, after such transfer, be deemed original records of the new county to which they are transferred and certified copies shall be received in all courts in evidence with the same force and effect as original records …
SDCL § 7-3-17 Transcript of records obtained by new county--Evidentiary value
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Whenever an organized county shall be divided, it shall be the duty of the board of county commissioners of such newly organized county at once to secure a full, true, and complete transcript of such records of the original county as may relate to, or in any manner affect, proper…
SDCL § 7-3-18 Contract for transcription of records for new county--Certification of instruments transcribed
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The board of county commissioners may contract the transcribing of records or any part thereof to the lowest and best bidder. The person transcribing the records of any particular office shall attach the transcriber's certificate without extra cost to each instrument or matter tr…
SDCL § 7-3-2 Voters' approval of division--Name and organization of new county
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If a majority of the votes cast at the next general election in such county, and also in each portion thereof proposed to be organized into a new county, shall be favorable to a division of such county, the portion in which the county seat thereof is located shall retain the name…
SDCL § 7-3-20 Affidavit as to transcription of all records
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Each person to whom such transcribing work shall be let or who shall have in charge the transcribing of the records of any particular office, shall make an affidavit which shall state that the instruments transcribed by such person, included within certain books and pages to be d…
SDCL § 7-3-21 County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed
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It shall be the duty of the board of county commissioners of such newly organized county, as soon as the work of transcribing the records of the original county shall have been completed, to file a certificate to that effect with the auditor of such newly organized county and, un…
SDCL § 7-3-22 County commissioners' discretion in transcription of records
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Any matter pertaining to the transcribing of such records, not before specifically designated, shall be left to the discretion of the board of county commissioners of such newly organized county subject to the right of appeal as provided by law. Source: SL 1915, ch 132 , § 5; RC …
SDCL § 7-3-3 Revision of commissioner districts after division of county
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Whenever the area of any county in this state has been altered by division or by the changing of its boundaries, it shall be the duty of the board of county commissioners of such county, at the first regular meeting thereafter, to establish commissioner districts in such county a…
SDCL § 7-3-4 Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county
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Any bonded indebtedness of such original county shall be apportioned to each division ratably upon the basis of the last equalized assessment previous to the division thereof and each of such divisions shall be charged with, assume, and pay its just portion of such debt upon the …
SDCL § 7-3-5 Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share
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The floating or warrant indebtedness of such original county shall also be apportioned in the same manner to each division and each new county shall be charged with, assume, and pay the amount so apportioned to it. In any case where, at an election on the question of division of …
SDCL § 7-3-6 Sale of county bonds based on advertising and award before division
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When such original county has, by and through its board of county commissioners, duly advertised for sale its funding bonds so voted and authorized, and has awarded such bonds to the highest and best bidder therefor pursuant to the advertisement for bids, it shall be unnecessary …
SDCL § 7-3-7 Inventory and apportionment of assets and liabilities by auditor-general
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If a new county is organized or created out of an organized county in this state or in counties which have been divided and the liabilities and assets of the county as it existed prior to the division of the county have not been apportioned and divided by the board of county comm…
SDCL § 7-3-8 Auditor - general's report filed with county auditors--Conclusive evidence
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The auditor - general shall file a report of such apportionment with the county auditor of the original and new county or counties within thirty days after such apportionment is made, and such report shall be conclusive evidence of the amounts due from one county to the other or …
SDCL § 7-3-9 County action to set aside auditor - general's report--Time for filing--Estimate and appraisement as prima facie evidence
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Any county affected by such apportionment as provided in § 7-3-7 , at any time within thirty days after the report of the auditor - general has been filed, may bring its action in equity in the circuit court of such county for the purpose of setting aside such apportionment and c…