59 chapters · 1,226 sections in this title.
SDCL § 9-5-1 Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies
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No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who are also named as ow…
SDCL § 9-5-10 Proceedings to compel compliance with terms of annexation--Existing rights and liabilities preserved
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Any citizen of the annexed municipality may maintain legal proceedings to compel the municipality and the governing body thereof, to which annexation is made, to execute such terms and conditions, but such annexation shall not affect or impair any rights or liabilities then exist…
SDCL § 9-5-11 Title to municipal property after annexation
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The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities. Source: SL 1951, ch 249 , § 9; SDC Supp 1960, § 45.29A09.
SDCL § 9-5-12 Assumption of municipal debts and obligations after annexation
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All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation. Source: SL 1951, ch 249 , § 10; SDC Supp 1960, § 45.29A10.
SDCL § 9-5-13 Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt
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Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as…
SDCL § 9-5-14 Bonded indebtedness of annexed municipality--Tax levy
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Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide…
SDCL § 9-5-15 Enforcement of claims and demands against annexed municipality--Payment of judgments
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Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in § 9-5-12 for the payment of the indebtedne…
SDCL § 9-5-16 School districts consolidated on annexation
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Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality. Source: SL 1951, ch 249 , § 12; …
SDCL § 9-5-17 Title to school district property after consolidation--Assumption of debts and obligations
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The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and pa…
SDCL § 9-5-18 Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt
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Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district by a tax to be levied exclusively upon the property subject to taxation within the limits of the s…
SDCL § 9-5-19 Bonded indebtedness of annexed school district--Tax levy
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Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide …
SDCL § 9-5-2 Publication of resolutions of annexation--Approval of voters required
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All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provide…
SDCL § 9-5-20 Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district
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All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, …
SDCL § 9-5-3 Notice, conduct, and canvass of election
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An election on the proposition of consolidating contiguous municipalities, as called by resolution, must be noticed, held, conducted, and canvassed, as provided for a special or regular municipal election set pursuant to § 9-13-1 or 9-13-1.3 , as applicable. Source: SL 1951, ch 2…
SDCL § 9-5-4 Waiting period after rejection of annexation by voters
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If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation. Source: SL 1951, ch 249 , § 2; SL 1955, ch 214 , § 2; SDC Supp 1960, § 45.29A02.
SDCL § 9-5-5 Submission to voters of municipality to be annexed--Date of election
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After the resolutions proposing the plan for annexation take effect, the municipality to be annexed must, by resolution, submit the question of annexation to the voters of the municipality, at a special election called for that purpose and held pursuant to § 9-13-14 , or at the n…
SDCL § 9-5-6 Form of ballot on question of annexation
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The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross ( ) or check mark ( ) in a s…
SDCL § 9-5-7 Resolution declaring approval by municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election
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If a majority of the votes cast in the election held in the municipality to be annexed are in favor of annexation, the governing body of the municipality must adopt a resolution to publish the result of the election. Within ten days after the election, the financial officer of th…
SDCL § 9-5-8 Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings
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If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of …
SDCL § 9-5-9 Effective date of annexation--Implementing ordinance
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Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordi…