Title 7 — COUNTIES
39 chapters · 737 sections in this title.
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…
SDCL § 7-5-1 Petition and election on abolishment of county organization--Form of ballot
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Whenever not less than fifteen percent of the registered voters of any organized county in this state, based upon the total number of registered voters at the last preceding general election, shall on or before the first day of July in any general election year, file in the offic…
SDCL § 7-5-2 Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness
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If a majority of the votes cast at such election shall be in favor of abolishing such county organization, the county auditor shall within ten days after the canvass of said vote, certify under the seal of his office to the Governor, the result of the canvass of the votes cast at…
SDCL § 7-5-3 Communication to Legislature of election result--Attachment for judicial purposes after county organization dissolved
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The Governor at the next convention of the annual session of the State Legislature shall communicate the result of such election in such county to the presiding officer of each branch of the Legislature, and thereupon the Legislature shall designate by joint resolution the county…
SDCL § 7-5-4 Governor's proclamation of dissolution of county organization--Notice--Effective date
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Upon such designation by the Legislature, the Governor shall publicly proclaim the result of such election and of the designation of the county to which such disorganizing county shall be attached for state and judicial purposes, and officially notify the county auditor of the co…
SDCL § 7-5-5 Laws applicable after county organization dissolved--Tax levy to pay indebtedness
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Such county so disorganized shall thereafter be subject to all the laws relating to unorganized counties, and all of the indebtedness of such county contracted when an organized county shall be paid out of taxes levied on the property in the territory embraced within the boundari…
SDCL § 7-6-1 Submission to voters of location of permanent county seat--Publication of notice
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The board of county commissioners of any organized county in this state in which the county seat has not been located by a majority vote, may submit the question of location of the county seat to the voters of its county at the next general election. Notice of the submission of t…
SDCL § 7-6-2 Form and casting of ballots for selection of county seat--Application of general election law
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The ballots used at said election for the location of the county seat shall be in such form as the county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers, and shall be received …
SDCL § 7-6-3 Time required before resubmission of county seat location
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If upon a canvass of the votes cast, as provided in § 7-6-2 , any municipality shall have received a majority of all votes cast at such election, the question of location of the county seat shall not again be submitted before the expiration of four years; provided that where such…
SDCL § 7-6-4 Relocating county seat--Petition--Verification--Election--Publication of notice
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To relocate a county seat, a petition signed by twenty percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, must be filed with the county auditor on or before July first. The county auditor shall,…
SDCL § 7-6-5 Form and casting of ballots on change of county seat--Application of general election law
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The ballots used at said election for the change of the county seat shall be in such form as the board of county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers and shall be rec…
SDCL § 7-6-6 Time required before resubmission of change of county seat
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If upon a canvass of the votes cast as provided in § 7-6-5 any municipality shall not have received the vote as required by the Constitution, the question of the change of the location of the county seat shall not again be submitted before the expiration of four years. Source: SD…
SDCL § 7-6-7 Moving to new county seat--Time permitted
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If the question to relocate the county seat is approved by the voters as specified in § 7-6-5 , the county officers whose offices are required by law to be kept at the county seat shall remove their respective offices, files, records, office fixtures, furniture, and all other pro…
SDCL § 7-7-1 Commencement of terms of county officers--Vacancy occurring before commencement of term
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Except when otherwise expressly provided, the regular term of office for all county officers, when elected for a full term, shall commence on the first Monday in January next succeeding their election, except the office of county auditor, the term of which shall begin on the firs…
SDCL § 7-7-1.1 County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices
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Unless otherwise provided by county charter, at primary and general elections there shall be nominated and elected in each organized county of this state county officers as follows: (1) In 1974 and each fourth year thereafter, a sheriff, county auditor, and register of deeds; (2)…
SDCL § 7-7-1.10 Procedure upon vacancy of a combined office
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If the offices are combined pursuant to § 7-7-1.2 and a vacancy occurs in one of the combined offices, the county commission shall appoint the remaining officer to hold the newly combined position until an officer can be nominated and elected. Source: SL 1989, ch 65 .
SDCL § 7-7-1.2 Combining county offices
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The board of county commissioners may, by ordinance, combine two or more county offices and that one person shall be elected to, and perform the duties of, the combined offices. Source: SL 1976, ch 66 , § 1; SL 1987, ch 67 , § 4; SL 1988, ch 65 , § 2.
SDCL § 7-7-1.3 First election of officer for combined office--Term--Salary
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If a majority of those voting shall approve the question at the special election pursuant to § 7-7-1.5 or if the offices are combined pursuant to § 7-7-1.2 , an officer shall be nominated and elected at the next general election to the combined office in the same manner provided …
SDCL § 7-7-1.4 Appointment--Coroner
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Notwithstanding the provisions of § 7-7-1.1 , the board of county commissioners in any county may, by resolution, appoint a coroner who shall serve at the pleasure of such board. However, no board of county commissioners may exercise the authority granted pursuant to this section…
SDCL § 7-7-1.5 Submission of question of combined offices to voters--Procedure
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The board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question whether two…
SDCL § 7-7-1.6 Submitting to voters the question of combining with other counties a county office--Procedure
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Notwithstanding the provisions of § 7-7-1.1 , the board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the…
SDCL § 7-7-1.7 Nomination and election of officer to combined office--Term
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If a majority of those voting in each county shall approve the question provided in § 7-7-1.6 at the special election, an officer shall be nominated and elected at the next general election to the combined office provided for in §
SDCL § 7-7-1.8 If the election submitted pursuant to § 7-7-1.5 is held at a primary election, each candidate for the vacant officer shall run as an independent candidate as provided in chapter 12-7 , except that the petition filing deadline shall be the first Tuesday in August
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The officer shall be voted upon by the voters of the counties that have resolved to combine the office. Such officer shall hold office for a term of four years commencing on the first Monday of January following the officer's election. Source: SL 1988, ch 65 , § 8; SL 2002, ch 74…
SDCL § 7-7-1.9 Nomination and election of officer to combined office--Election--Term
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An officer shall be nominated and elected at the next general election to the combined office provided for in §
SDCL § 7-7-10 Repealed by SL 1974, ch 56 , § 2
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7-7-10.1 Salary for combination of two or more elected positions. 7-7-11
SDCL § 7-7-10.1 Salary for combination of two or more elected positions
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Salary for combination of two or more elected positions. The board of county commissioners shall establish, by resolution, the salary payable for the combination of two or more of the following county elected positions. The salary payable may not be less than the minimum salary p…
SDCL § 7-7-11 Repealed by SL 1972, ch 38 , § 2
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7-7-12 Salary for state's attorney--Contract for services--Prohibitions. 7-7-13
SDCL § 7-7-12 Salary for state's attorney--Contract for services--Prohibitions
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The board of county commissioners shall establish, by resolution, the salary payable to the state's attorney. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties: County Population Salary…
SDCL § 7-7-13 Repealed by SL 1984, ch 44 , § 4
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7-7-14 Determination of population of newly created or organized county. 7-7-15
SDCL § 7-7-14 Determination of population of newly created or organized county
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The population of the counties of this state as the basis of salaries of county officers shall be determined by the last federal census. In all counties created or organized since the last federal census has been taken, the county commissioners shall provide for the taking of the…
SDCL § 7-7-15 Repealed by SL 1985, ch 15 , § 3
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7-7-16
SDCL § 7-7-16 Repealed by SL 1971, ch 44 , § 5
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7-7-17 Salaries as full compensation--Fees paid into treasury. 7-7-18
SDCL § 7-7-17 Salaries as full compensation--Fees paid into treasury
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Except as provided in subdivision 7-8-20(11), the salaries provided in § 7-7-9.1 shall be full compensation for all services rendered by such county officials. All fees and per diem collected by any such county officials shall be paid to the county treasurer of their respective c…
SDCL § 7-7-18 Repealed by SL 1971, ch 44 , § 5
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7-7-19
SDCL § 7-7-19 Repealed by SL 1985, ch 77 , § 42
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7-7-20 Authorization for employment of deputies and clerks--Payment of compensation. 7-7-21 Appointment and removal of deputies and clerks--Oath of office and bond. 7-7-22 Powers of deputies--Responsibility of elected officer. 7-7-23 Officer receiving salary of deputy or clerk as…
SDCL § 7-7-2 Hours of operation for county offices established by board of county commissioners--Exceptions
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The board of county commissioners shall, by resolution, establish the hours of operation for each county government office, except for the offices of the sheriff and state's attorney. The county auditor's office shall remain open, if requested by the person in charge of a school …