Title 9 — MUNICIPAL GOVERNMENT

Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the gr…

In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the p…

After the filing of a petition pursuant to § 9-45-10 , the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the peti…

A resolution of vacation pursuant to § 9-45-9 or 9-45-11 shall be published, to take effect, and be subject to referendum as other resolutions, and upon taking effect a transcript of such resolution duly certified by the auditor or clerk shall be filed for record and duly recorde…

Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and p…

A municipal governing body may vacate a street within its extraterritorial jurisdiction, as defined in § 11-6-10 , upon approval of the board of county commissioners. Source: SL 1981, ch 75 .

The governing body of any municipality by ordinance may establish the grade of any street, alley, or sidewalk in the municipality. A record of the same shall be kept, together with the profile thereof in the office of the auditor or clerk. Source: SL 1890, ch 37 , art XVI, § 18; …

After the grade of any street has been established as provided by § 9-45-14 , the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the g…

If any viaduct is declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, that may be caused to any property by reason …

The width, height, and strength of any such viaduct and approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the governing body. Source: SL 1909, ch 126 ; RC 1919, § 6366; SDC 1939, § 45.1706.

When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad c…

If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by § 9-45-18 , the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such rail…

Every municipality shall have power: (1) To name and change the name of any street, avenue, alley, or other public place; (2) To regulate the numbering of houses and lots. Source: SL 1890, ch 37 , art V, § 1, subdivs 22, 23; RPolC 1903, § 1229, subdivs 22, 23; SL 1913, ch 119 , §…

Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways. Source: SL 1895, ch 182 , § 14; RPolC 1903, § 1441; SL 1913, ch 111 , § 1; RC 1919, § 6169 (7); SDC 1939, § 45.0201 (91).

The resolution of necessity may provide that the municipality may pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street, alley, or public way in which pavement has previously been placed and paid for wholly or in part by assessment o…

Where, in the process of widening a public way, it is necessary to relocate sidewalks, the governing body of any municipality may provide by ordinance that such municipality shall share with the abutting property owners fifty percent of the assessed cost for replacement of all si…

The auditor or clerk shall keep in his office a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, alley, or other public ground, and after the confirmation of any report in such matters he shall record all the…

Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels. Source: SL 1890, ch 37 , art V, § 1, subdiv 28; RPolC 1903, § 1229, subdiv 28; SL 1913, ch 119 , § 53, subdiv 28; RC 1919, § 6170 (6); SDC 193…

Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains. Source: SL 1890, ch 37 , art V, § 1, subdiv 16; RPolC 1903, § 1229, subdiv 16; SL 1913, ch 119 , § 53, subdiv 17; RC 1919, § 6169 (49); SDC 1939, § 45.0201 (95).

When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county.…

No street, alley, or public ground, or part thereof, shall be vacated by the governing body except upon the petition and consent in writing of all of the owners of the property adjoining the part of the street, alley, or public ground to be vacated. Such petition shall set forth …

Upon the filing of a petition pursuant to § 9-45-7 , the governing body, if it deems it expedient that the matter should be proceeded with, shall order the petition to be filed with the auditor or clerk, who shall give notice by publication once each week for at least two success…

The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the grantin…