Title 9 — MUNICIPAL GOVERNMENT

If a municipality has a population of less than two hundred fifty, the owners of a majority of the real property in the municipality, both in area and assessed valuation, may file a petition for the dissolution of the municipality. The petition for dissolution must be filed in th…

If the governing body of a municipality with a population of less than one thousand at the time of filing is presented with a petition for dissolution signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the l…

Where an election is held pursuant to § 9-6-10 and a majority of the votes cast are against dissolution, another election may not be held for the purpose of dissolving the municipality until five years after the date of the first election. Source: SL 1893, ch 35 , § 1; RPolC 1903…

If a majority of all the votes cast at an election pursuant to § 9-6-10 are for dissolution and the turnout for the election was at least two - fifths of all the legal voters of the municipality, based upon the total number of registered voters at the last preceding general elect…

A petition for dissolution must show: (1) The name of the municipality; (2) The date of its incorporation; (3) The fact that it contains a population of less than two hundred fifty persons; (4) That the petitioners are the owners of more than one - half of the real property conta…

Upon the filing of a petition for dissolution, as provided in §§ 9-6-1 and 9-6-2 , the circuit court shall issue an order to the municipality to show cause why the petition should not be granted. The order must be served in the same manner as a summons in a civil action against a…

Any objections to the petition for dissolution must be filed with the circuit court within thirty days from the date of service on the municipality. Objections may be made by any public officer or employee of the municipality or any property owner or taxpayer of the municipality.…

If, after a hearing on the petition for dissolution and any objections, the court determines there are sufficient interests of the municipality and of its property owners and taxpayers to support the dissolution of the municipality, the court must appoint a referee to make an enu…

The court must render a judgment decreeing the dissolution of a municipality if: (1) The referee reports that: (a) At the time the petition for dissolution is filed, the population of the municipality is less than two hundred fifty; and (b) The petition has been executed by prope…

The clerk of courts shall enter the petition for dissolution, any objections, the report of the referee, and the judgment of dissolution into the judgment record. Source: SL 1903, ch 91 , § 3; RC 1919, § 6568; SDC 1939, § 45.3004; SL 2025, ch 38 , § 7.

A copy of the judgment of dissolution, certified by the clerk of courts, must be filed in the office of the register of deeds in the county or counties in which the municipality is situated and in the Office of the Secretary of State. Upon the filing of the copies, the municipali…

After the entry of the judgment of dissolution, the territory formerly comprising the dissolved municipality must revert to the jurisdiction of the local subdivision or organization of which it would have been a part had it never existed. The municipal governing body and other of…