Title 9 — MUNICIPAL GOVERNMENT
59 chapters · 1,226 sections in this title.
SDCL § 9-4-1 Annexation of territory on petition by voters and landowners
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The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if …
SDCL § 9-4-1.1 Municipalities authorized to enter into annexation and development agreements with landowners
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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. 9-4-2 to 9-4-4. Repealed by SL 1979, ch 47 , §§ 13 to 15.
SDCL § 9-4-10 Court order for exclusion of territory--Dismissal of petition
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If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order. If the court shall find against the petitioners, the petition shall be dismiss…
SDCL § 9-4-11 Recording of resolution or decree changing municipal boundaries--Effective date
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Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such territory, together with a copy of the resolution or decr…
SDCL § 9-4-12 Annexation of territory near municipal airport prohibited--Exception
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No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A . However, if the governing body of the airport-operating municipality consents, by res…
SDCL § 9-4-13 Repealed
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Source: SL 2003, ch 42 , § 2; SL 2020, ch 28 , § 1.
SDCL § 9-4-14 Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality
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If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of § 9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality…
SDCL § 9-4-4.1 Study required before annexation without petition
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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.…
SDCL § 9-4-4.10 Proceedings to enforce terms of resolution of annexation or resolution of intent
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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 instituted wi…
SDCL § 9-4-4.11 SDCL 9-4-4.11
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The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. Th…
SDCL § 9-4-4.2 Resolution of intent to annex--Contents for large municipalities
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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 one thousand or more as determined in the last federal census, shall contain the following: (1) The description and bo…
SDCL § 9-4-4.21 SDCL 9-4-4.21
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Transferred to §
SDCL § 9-4-4.3 Notice of hearing on resolution to landowners and county auditor--Adoption
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Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the resolution of intent and notice of public hearing regardi…
SDCL § 9-4-4.4 Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents
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The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and
SDCL § 9-4-4.5 Petition for submission of annexation resolution to voters
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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…
SDCL § 9-4-4.6 Contents of referendum petition--Signatures--Verification
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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 precinc…
SDCL § 9-4-4.7 Time of election on annexation--Referendum provisions applicable
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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 body. If a petition is fil…
SDCL § 9-4-4.8 The percentage shall be based on the number of voters in the municipality at the last preceding general election
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Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall st…
SDCL § 9-4-4.9 Vote required to approve annexation--Effective date
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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. Sou…
SDCL § 9-4-5 Annexation of unplatted territory subject to approval by county commissioners
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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 been…
SDCL § 9-4-6 Exclusion of territory from municipality on petition or by vote of governing body
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Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the …
SDCL § 9-4-7 Publication of petition for exclusion of territory
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No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of § 9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks. Source: …
SDCL § 9-4-8 Petition to circuit court for exclusion of territory after refusal by governing body
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Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§ 9-4-6 and 9-4-7 , for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present th…
SDCL § 9-4-9 Service of notice of petition to circuit court--Hearing at term or in vacation
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Notice of filing pursuant to § 9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the dat…