Title 31 — HIGHWAYS AND BRIDGES

Notwithstanding any other provision of this chapter, a road district may contract for and expend district funds for road work projects to be constructed outside of the geographical area of the road district, if the board of trustees approves that action by a two-thirds vote of th…

A majority of the eligible voters of a road district may petition a court of competent jurisdiction for the dissolution of the road district. Dissolution proceedings shall, to the extent applicable, conform to the provisions for dissolution of municipalities pursuant to chapter 9…

Notwithstanding the provisions of § 31-12A-27 , the board of trustees of a road district may, by unanimously adopting a proper resolution, provide for the dissolution of the district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Before a…

Two or more road districts may form a consolidated road district that comprises their combined area pursuant to §§ 31-12A-29 to 31-12A-36 , inclusive. The governing body of each road district shall by resolution propose the formation of the consolidated road district, specifying …

Not less than twenty-five percent of the eligible voters as defined in § 31-12A-1.2 who own land lying within the limits of the territory proposed to be organized into a road district may file a petition with the board of county commissioners asking that a road district be organi…

The governing body of each road district described in § 31-12A-29 shall submit by resolution the question of consolidation to the eligible voters of each road district at a special election called for that purpose pursuant to chapter 6-16 . The proposition shall be submitted to t…

If the eligible voters of each road district approve the formation of the consolidated road district by a majority of the votes cast on the consolidation question, the governing body of each road district shall so declare by resolution and file a certified copy of each proceeding…

The consolidated board of trustees shall be elected as provided in chapter 6-16 and this chapter and shall govern the consolidated road district as provided in this chapter. Source: SL 2001, ch 159 , § 4; SL 2014, ch 46 , § 20.

The consolidated road district does not, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any road district included within its boundaries. Source: SL 2001, ch 159 , § 5.

A consolidated road district may contract with any road district for the purchase or use of property that the road district is authorized to construct or acquire and maintain pursuant to this chapter. Source: SL 2001, ch 159 , § 6.

After the creation of a road district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the curren…

A contiguous area may be annexed to a road district by circulation of an initiating petition for annexation signed by twenty-five percent of the eligible voters in the area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initia…

Such survey, map, and petition when completed and verified shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within such territory for a period of not less than twenty day…

31-12A-5.1 Territory within subdivision jurisdiction of municipality--Requirement for approval of petition. 31-12A-5.2 Transfer of jurisdiction over public highway to road district prohibited. 31-12A-6 Order declaring territory incorporated--Name of district--Election. 31-12A-7 3…

If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county b…

No political subdivision of the state may relinquish or transfer jurisdiction over any public highway to a road district. Source: SL 1999, ch 151 , § 13.

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the eligible voters, as specified in § 6-16-2 , in an election as provided …

The certificate shall be in writing and shall contain the name of the candidate, residence, business address, and the office for which the candidate is named, and shall be signed by at least five percent of the eligible voters. Source: SL 1977, ch 241 , § 17; SL 1998, ch 36 , § 1…

The board of township supervisors shall construct, repair, and maintain all of the township roads within the township except for section lines designated as no maintenance section lines pursuant to § 31-13-1.4 and roads designated as no maintenance roads pursuant to §

The board of township supervisors shall post signs on a minimum maintenance road to notify the motoring public that it is a minimum maintenance road and that the public travels on the road at its own risk. The signs shall be posted at the entry points to and at regular intervals …

The board shall, at its annual meeting, designate which township roads are full maintenance roads and which are minimum maintenance roads. The board of township supervisors shall publish any resolution designating a township road as minimum maintenance if the road is a school rou…

The board of township supervisors may designate an unimproved section line not maintained for vehicle travel as a no maintenance section line. The board shall identify the beginning and end point of the section line designated as no maintenance. The board does not have any respon…

The board of township supervisors shall post signs on a no maintenance section line to notify the motoring public that it is a no maintenance section line and that no travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance …

The board of township supervisors may designate a road that is unsafe for vehicle travel as a no maintenance road. The board shall identify the beginning and end point of the road designated as no maintenance. The board does not have any responsibility on a no maintenance road ex…

The board of township supervisors shall post signs on a no maintenance road to notify the motoring public that it is a no maintenance road and that no vehicle travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance road. A …

There shall be voted and levied each year in each civil township, as taxes for other township purposes are voted and levied, a highway tax for the construction and repair of secondary highways within such township. Source: SL 1899, ch 41 , § 4; RPolC 1903, § 2138; SL 1911, ch 221…

It shall be the duty of the township clerk, immediately after the board of township supervisors shall have made a levy of taxes for highway purposes, or within three days thereafter, to notify the county auditor of the amount of the levy, who shall enter the same upon the county …

The board of county commissioners of each county is hereby empowered to designate in its discretion township roads or roads in unorganized townships within the county, as it may deem advisable and in the public interest as "county aid roads," and to expend any funds available fro…

The board of supervisors of any township may jointly contract with the county of which the township is a part, and also with any municipality within or adjoining the township, for the laying out, construction, graveling, hard surfacing, or maintenance of designated township roads…

31-13-15 Road districts. 31-13-16 Petition for improvement of road district--Notice to property owners. 31-13-17 Road district improvement--Hearing--Assessment. 31-13-18 Affidavit of township failure to maintain mail route--Service of affidavit and notice on township. 31-13-19 Co…

Each organized township in the state has power to transfer upon resolution to the county in which it is situated for its highway purposes surplus funds acquired from the prorationing of the fees from the motor vehicle licenses as provided in §§ 32-11-4.1 to 32-11-7 , inclusive. S…

Each organized township may divide the roads or streets in the township into road districts which shall include not more than: (1) One-half mile of township road which provides access to a rural subdivision or unincorporated town; (2) Three miles of streets in an unincorporated t…

Whenever the owners of eighty percent of the property fronting upon any road in a road district established pursuant to § 31-13-15 shall by petition in writing filed with the township clerk request that the property in the road district be assessed for road improvement, the super…

The board of supervisors shall consider the petition at the time of the hearing pursuant to §

Whenever it shall appear by an affidavit filed by a patron of the mail route with the county auditor that a certain described secondary road in any township of the county is regularly used as part of a United States mail route, and is, in certain designated places, in urgent need…

If the fact of the execution of the repairs or maintenance referred to in § 31-13-18 be not certified to the county auditor within a reasonable time, or if the county auditor be satisfied that such repairs or maintenance have not been or will not be attended to by the township bo…

The board of township supervisors shall designate at least one of its members to attend to the road business in the township. The member shall receive for the member's services twenty dollars per hour, unless otherwise provided by resolution at the annual township meeting. Not mo…

Each expense incurred for repair and maintenance pursuant to § 31-13-19 must be paid, on the presentment of itemized and verified vouchers approved by the county highway superintendent, to the county auditor, by warrants drawn on the county treasurer payable out of township funds…

When a warrant as provided in § 31-13-20 is presented and there are insufficient funds in the county treasury to pay it, the county treasurer shall register the warrant and endorse the date of registration on the back thereof and shall pay it, with interest to be negotiated by th…

The board of township supervisors may establish a township snow removal reserve fund by the levy of a tax up to but not exceeding sixty cents per thousand dollars of taxable valuation within the township, and which levy hereby authorized shall be in addition to all other township…

The intent of §§ 31-13-22 to 31-13-28 , inclusive, is for the accumulation and continuation of a sufficient fund for the use of the respective townships so as to permit and make possible in any year the efficient and immediate snow removal on township roads and for repairs thereo…

All money collected and received under the provisions of the tax levy authorized by § 31-13-22 shall be remitted at the times and in the manner required by the laws of this state relating to townships. All money allowed and paid from said fund shall first be authorized and approv…

The township snow removal reserve fund after the creation thereof shall be used as provided by §§ 31-13-26 to 31-13-28 , inclusive, and for these purposes only. Source: SL 1953, ch 480 , § 2; SL 1955, ch 427 ; SDC Supp 1960, § 58.0512; SL 1969, ch 278 , § 1.

After establishment of a township snow removal reserve fund, the board of township supervisors is hereby authorized to contract for the removal of snow on township roads, to purchase equipment for the removal of snow or repair the same, and to repair damages to township roads res…

If the projected total cost of a contract for winter road maintenance under § 31-13-26 is less than ten thousand dollars, the township supervisors are not required to advertise for bids for the contract. If the township supervisors anticipate that snow removal or road repair cost…

In the event that in the judgment of the board of township supervisors a disaster exists resulting from snow and that the public peace and the health or safety of the people or their property is in jeopardy, the board of township supervisors may by resolution declare that an emer…

Any unexpended balance remaining in the township snow removal reserve fund shall be allowed to accumulate as a reserve fund and available for future use as set forth under §§ 31-13-26 and

When any highway within any township is regularly traveled by a bus or other motor vehicle used for free transportation of school children, the township board may, in its discretion, open snowbound roads and keep them passable for such vehicles. Such expense shall be paid from th…

The township supervisors may hire such help as may be necessary by the hour at such rates as may be agreed upon by the township board of supervisors. Source: SL 1911, ch 221 , § 4; SL 1913, ch 232 , § 2; SL 1917, ch 369 , § 1; RC 1919, § 8552; SDC 1939, § 28.0405; SL 1953, ch 146…

The township board of supervisors may establish a secondary road capital improvement fund for the purpose of constructing, reconstructing, repairing, and maintaining secondary roads, bridges, and culverts under the jurisdiction of the township board of supervisors. Source: SL 201…