Title 9 — MUNICIPAL GOVERNMENT

Source: SL 1883, ch 114 , § 7; CL 1887, § 1186; SL 1893, ch 165 , § 4; RPolC 1903, § 1588; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 17; SL 1992, ch 60 , § 2; SL 2024, ch 28 , § 64.

Source: SL 1895, ch 153 , § 1; RPolC 1903, § 1591; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 18; SL 1992, ch 60 , § 2; SL 2024, ch 28 , § 65.

Source: SL 1895, ch 153 , § 2; RPolC 1903, § 1592; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 19; SL 2024, ch 28 , § 66.

Source: SL 1881, ch 135 , § 2; CL 1887, § 1169; RPolC 1903, § 1571; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 2; SL 2024, ch 28 , § 49.

Source: SL 1971, ch 69 , § 20; SL 2024, ch 28 , § 67.

Source: SL 1881, ch 135 , § 3; CL 1887, § 1170; RPolC 1903, § 1572; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 3; SL 1992, ch 60 , § 2; SL 2024, ch 28 , § 50.

Source: SL 1881, ch 135 , § 4; CL 1887, § 1171; RPolC 1903, § 1573; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 4; SL 2024, ch 28 , § 51.

Source: SL 1881, ch 135 , § 7; CL 1887, § 1174; RPolC 1903, § 1576; repealed by omission RC 1919; re-enacted SL 1971, ch 69 , § 5; SL 1972, ch 33 , § 4; SL 1992, ch 60 , § 2; SL 2024, ch 28 , § 52.

Source: SL 1971, ch 69 , § 6; SL 2024, ch 28 , § 53.

Source: SL 1971, ch 69 , § 7; SL 2024, ch 28 , § 54.

Source: SL 1971, ch 69 , § 8; SL 2024, ch 28 , § 55.

Source: SL 1971, ch 69 , § 9; SL 1983, ch 28 , § 19; SL 1984, ch 319 , § 7; SL 2024, ch 28 , § 56.

The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if …

A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be annexed pursuant to § 9-4-1 or developed. Source: SL 2004, ch 102 , § 2. 9-4-2 to 9-4-4. Repealed by SL 1979, ch 47 , §§ 13 to 15.

If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order. If the court shall find against the petitioners, the petition shall be dismiss…

Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such territory, together with a copy of the resolution or decr…

No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A . However, if the governing body of the airport-operating municipality consents, by res…

Source: SL 2003, ch 42 , § 2; SL 2020, ch 28 , § 1.

If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of § 9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality…

Except as provided by § 9-4-1 , before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries.…

Any person of the annexed area may institute proceedings in the circuit court to compel performance of any aspect of the resolution of intent or the resolution of annexation as finally adopted extending the municipal boundaries and services. The proceedings shall be instituted wi…

The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. Th…

Based on the study provided for in § 9-4-4.1 , the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of one thousand or more as determined in the last federal census, shall contain the following: (1) The description and bo…

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Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the resolution of intent and notice of public hearing regardi…

The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and

The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation…

The petition shall contain the title of the resolution or the subject of the resolution and the date of its passage. The petition shall be signed by at least five percent of the registered voters residing in the combined area of the municipality and the special annexation precinc…

The governing body shall within ten days after the presentation of a petition pursuant to § 9-4-4.5 , fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body. If a petition is fil…

Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall st…

The referred resolution so submitted shall become operative if approved by a majority of the votes cast, in the combined area of the municipality and special annexation precinct. If approved, it shall take effect upon completion of the canvass of the special election returns. Sou…

No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been…

Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the …

No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of § 9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks. Source: …

Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§ 9-4-6 and 9-4-7 , for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present th…

Notice of filing pursuant to § 9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the dat…

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…

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…

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.

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.

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…

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…

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…

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; …

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…

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…

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 …

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…

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, …

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…