Title 6 — LOCAL GOVERNMENT GENERALLY

After the governing board of a political subdivision has made a determination of surplus property pursuant to § 6-13-1 , the governing board shall appoint three real property owners of the political subdivision to appraise the value of such property. Such real property owners sha…

Any improvements on land shall be appraised separately from the land. Equipment or supplies which are to be traded for other property, property which is to be destroyed, property which is to be transferred to another political subdivision pursuant to § 6-5-1 , property being sold…

Any surplus property appraised pursuant to § 6-13-2 at two thousand five hundred dollars or less or any animal owned by a municipality for a zoo may be sold by the governing board at a private or public sale without notice. The governing board of the political subdivision shall g…

Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by § 6-13-4 , or the governing board may designate an official of the pol…

The provisions of §§ 6-13-4 and 6-13-5 notwithstanding, property that was conveyed to a political subdivision by a railroad may be sold to the lessee of the property or, if there is no lessee, to the owner of property abutting the property to be sold for not less than its apprais…

In lieu of receiving sealed bids as required by this chapter, a school district, municipality, or county may sell real property at public auction or by listing the property with one or more licensed real estate brokers. The governing body may accept any offer for purchase of real…

In lieu of sealed bids, the governing board of a political subdivision may sell surplus property at auction. Such governing board shall advertise such auction by publication pursuant to §

No governing board member, any officer of a county, municipality, township, or school district, who has been elected or appointed, or real property owner acting as an appraiser may purchase the surplus property except at public auction. Source: SL 1988, ch 64 , § 7; SL 1997, ch 4…

The contract for deed shall provide that in case of default in the payment of any annual installment or interest or taxes assessed and levied, the governing board, at its option, may declare the contract at an end and proceed immediately to foreclose the deed in the manner provid…

The governing body of a political subdivision of this state may, by resolution, create an endowment fund. Notwithstanding any other law to the contrary, the governing body may transfer any gift or donation to the endowment fund. The governing body may transfer ownership of the en…

The interest earned from the revenue in an endowment fund created pursuant to § 6-14-1 may be spent by the governing body of a political subdivision for any legal purpose. The principal in an endowment fund may be expended by the governing body by resolution after a public hearin…

No state law, rule, or regulation which mandates any county, municipality, or school district to engage in any new activity, to provide any new service, to increase any current level of activity or to provide any service beyond that required by existing law has the force of law u…

Section 6-15-1 does not apply to any law, rule, or regulation: (1) Concerning the conduct of elections; (2) Required by federal law; (3) Required to fund the unified judicial system; (4) Required to fund the welfare system; (5) Creating, modifying, or repealing any criminal law; …

Sections 6-16-1 to 6-16-7 , inclusive, apply to elections for the formation of certain special districts and for the initial election of the board of directors or trustees for these districts. The special districts covered are: county road, ambulance, rural fire protection, sanit…

If the proposed district is in two or more counties, each county auditor and board of county commissioners shall cooperate to perform the requirements of §§ 6-16-1 to 6-16-7 , inclusive, and the chapter specific to the formation of that district in setting the date for and conduc…

If the proposed district contains less than one thousand eligible voters as defined in § 6-16-6 , the county auditor shall set a date, time, and location for a meeting to be held within the district, or at the county seat of any county in which a portion of the proposed district …

If the proposed district contains one thousand or more eligible voters as defined in § 6-16-6 , the county auditor shall set a date for an election to be held within the district, or at the county seat of any county in which a portion of the proposed district is located, on the q…

The election shall be canvassed by the county commission. Source: SL 2008, ch 35 , § 5, eff. Feb. 27, 2008; SL 2010, ch 74 , § 3; SL 2014, ch 46 , § 2.

If there is a conflict regarding who has a right to vote in the election pursuant to §§ 6-16-4 to 6-16-6 , inclusive, the judges of election shall settle the conflict by referring to the official records of the county auditor in each county where these official records are held. …

The State Board of Elections may promulgate rules pursuant to chapter 1-26 concerning: (1) The petition form for the formation of a special district; (2) The notice of election; and (3) The nominating petition. The petition form and notice of election shall include a description …

Terms used in this chapter mean: (1) "Governing body," the board of commissioners, the common council, the executive board, or other name by which a local government entity is controlled, concerned, or affected; (2) "Local government entity," the State of South Dakota, county, mu…

The person in charge of an election shall have ballots printed for the vote upon the resolution and have them distributed as other official ballots are distributed. All questions to be voted upon at the same election may be submitted upon the same ballot. Source: SL 2001, ch 36 ,…

The person in charge of an election shall preserve all petitions requesting a resolution for at least two years. The petitions are open to public inspection upon reasonable request. Source: SL 2001, ch 36 , § 11.

No question contained in an initiated resolution may be voted upon again within one year from the date of the election thereon. Source: SL 2001, ch 36 , § 12.

A local government entity governing board may propose and adopt a resolution under this chapter and directly present it to the people for a vote as allowed under this chapter without resorting to the petition process. Source: SL 2001, ch 36 , § 13.

The court shall take judicial notice of the existence of all local government entities organized under the general laws of this state and of any change of organization authorized thereby. Source: SL 2001, ch 36 , § 14.

Any petition filed pursuant to this chapter may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law. Source: SL 2001, ch 36 , § 15.

The right to propose a resolution of cooperation or consolidation to the government of a local government entity rests with the registered voters of the local government entity. Any resolution proposed under this chapter shall be referred to a vote of the registered voters of the…

No initiated resolution of cooperation may become operative unless approved by a majority of the votes cast in each of the affected local government entities. If so approved, the resolution takes effect one hundred eighty days after the election or other date as specifically stat…

An initiated resolution may propose combining or consolidating any local government functions including those that may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions. Source: …

The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for a resolution of cooperation or consolidation petition and its verification. Source: SL 2001, ch 36 , § 5.

The signer or circulator of the petition may add the signer's place of residence and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A date may be written in …

Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that the person circulated the petition and that either the person circulating the petition or the signer added the signer's place of residence and date of signin…

When a petition to initiate a resolution is filed with a person in charge of an election, that person shall present it to the local government entity governing board at its next regular or special meeting. The local person in charge of an election shall certify that the minimum n…

If the local government entities cannot reach an agreement on sharing costs, each local government entity is responsible for its costs for the election. If there are any shared costs between the local government entities, they shall be paid in proportional shares based on the num…

6-18-4. Repealed by SL 2015, ch 55 , § 3.

Any municipality or county owning and operating an airport which has been approved by the state Aeronautics Commission for public use may contract to construct, improve, and equip buildings, hangars, runways, and structures for the improvement of its municipal or county airport. …

The revenue bonds shall be issued pursuant to and in accordance with the resolution or ordinance adopted by the governing body of the municipality or county, describing one or more buildings, hangars, runways, or structures whose revenues are to be pledged for the payment of the …

When an airport board has been organized in a municipality, the resolution or ordinance shall be adopted by that board, subject to approval by resolution of the governing body. Source: SL 1963, ch 1 , § 2; SL 1984, ch 43 , § 128; SDCL § 50-8-3 ; SL 2019, ch. 203, § 83.

No bonds may be issued unless the existing and estimated revenues pledged to the payment of the bonds are at least equal to the maximum amount of principal and interest to become due thereon in any fiscal year, and the revenues not pledged plus the taxes which may be levied withi…

The revenue bonds authorized by this chapter shall be payable solely from the revenues described in the resolution or ordinance initially adopted, except that the resolution or ordinance may also pledge therefor the revenues of any other facilities to be acquired in future, and m…

The pledge of revenues made by the initial resolution shall be sufficient to pay the interest and the principal thereof when due, and shall be irrepealable until the bonds and the interest are paid, and that the revenues not pledged and the taxes levied by the municipality or cou…

Without limitation of the generality hereof, covenants may be entered into as to the manner of operation and maintenance of the airport, the insurance of properties whose revenues are pledged for payment of the bonds, the collection, segregation, deposit, investment, safekeeping,…

In addition to any other remedy, if there be any default in the payment of the principal or interest or in any covenant materially affecting the rights of any bondholder, and such default shall continue for a period of not less than three months, or if the airport shall be misman…

Any nonprofit organization formed for historical or educational purposes, pursuant to chapter 47-22 may form and name a corporate townsite upon land owned by the corporation or in which it has a legal or equitable interest, by causing the land to be platted by a registered land s…

A historical or educational townsite may be organized without meeting the minimum population or other requirements for municipalities as required by chapter 9-3 . Source: SL 2024, ch 28 , § 2.

The officers and directors of the corporation that forms and organizes the townsite are the governing body of a historical or educational townsite. The rules and regulations of the townsite must be provided in the articles of incorporation and the bylaws of the corporation. Sourc…

No historical or educational townsite may receive any state or local tax moneys or any distribution from either state or local sources except as provided under § 7-18-12 , or as approved by a local governing body or state agency from moneys allocated for tourism or educational or…

No historical or educational townsite is subject to any management or control of the state except as specifically provided by the Legislature or under the normal police powers of the political subdivision in which the townsite is located. Source: SL 2024, ch 28 , § 5.

A townsite incorporated pursuant to this chapter may exist so long as the corporation maintains in good condition and repair all land, buildings, fences, fixtures, billboards, signs, and other improvements of the townsite, the township is actively operating for the purposes for w…