Title 9 — MUNICIPAL GOVERNMENT

The treasurer shall pay and cancel such warrants upon presentation. Source: SL 1874-5, ch 74 , § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186 , § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.

The municipal governing body may, by resolution, cancel any check or warrant that has not been presented for payment at any time within one hundred eighty days of the date on which the check or warrant was issued. Upon such resolution the auditor, clerk or finance officer shall n…

Notwithstanding any provision for cancellation of any check or warrant, the municipal governing body shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof until such time as the amount payable on such check or warrant is submit…

A municipality may establish an incidental account in an amount determined by the governing body by setting aside on an imprest basis money from the general fund. The incidental account shall be kept and used by the officer designated by the governing body for advanced payment or…

Every warrant on the municipal treasurer shall be paid upon presentation if there is sufficient money in the fund upon which it is drawn to pay the same. If not paid, it shall be registered as provided by law. Source: SL 1890, ch 37 , art VIII, § 4; RPolC 1903, § 1250; SL 1913, c…

All warrants upon the treasurer shall be paid out of the fund on which they were drawn in the order of their presentation. Source: SL 1874-5, ch 74 , § 1; PolC 1877, ch 50, § 1; CL 1887, § 1671; SL 1890, ch 37 , art VIII, § 4; RPolC 1903, §§ 1250, 2251; SL 1913, ch 119 , § 71; SL…

The treasurer shall note on the back of each warrant presented the date of such presentation, when payment is made, and the date of such payment. Source: SL 1890, ch 37 , art VIII, § 4; RPolC 1903, § 1250; SL 1913, ch 119 , § 71; RC 1919, § 6291; SDC 1939, § 45.1123.

The treasurer shall keep a warrant register which shall show the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of pa…

Whenever any warrant shall be presented to the treasurer for payment and there shall be no funds in the treasury appropriated for that purpose, he shall enter such warrant in his warrant register for payment in the order of presentation. Source: SL 1874-5, ch 74 , § 3; PolC 1877,…

Any action for recovery of damages for personal injury or death caused by the negligence of a municipality or its employees, elected and appointed officials, and volunteers authorized by the municipality at the time of the alleged negligent act shall be commenced within two years…

Property and assets of every kind belonging to any municipality shall be exempt from taxation and levy and sale on execution. Source: SL 1890, ch 37 , art XXII, § 3; RPolC 1903, § 1382; RC 1919, § 6574; SDC 1939, § 45.1425.

The maximum liability of any municipality operating an airport shall be five million dollars for any accident or occurrence at or in connection with the operation of the airport resulting in bodily injury or death to any person, or damage to property, or any combination thereof. …

Every municipality shall have power to borrow money on the credit of the municipality for any authorized corporate purpose within the constitutional limitations of municipal indebtedness and to issue its negotiable bonds therefor in such amounts, forms, and upon such conditions a…

A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 9-25-13 to 9-25-16 , inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 9-25-13 and do not c…

The money borrowed pursuant to § 9-25-12 may not exceed the sum of ninety - five percent of the amount of anticipated special assessment bond proceeds or may not exceed the sum of ninety - five percent of the amount of uncollected taxes levied by the municipality for the current …

If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in § 9-25-13 shall be reduced by the amount of such outstanding warrants or promissory notes. Source: SL 1978, ch 63 , § 3.

The rate of interest shall be stated on the note authorized by §

If a note authorized by § 9-25-12 has been issued and not paid in full within the term provided in § 9-25-12 , then thereafter no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such n…

All bonds and coupons issued by the municipality shall be executed as contracts except that the facsimile signature of such officers to the coupons may be lithographed or engraved. Source: SL 1899, ch 51 , § 2; RPolC 1903, § 1386; SL 1905, ch 155 , § 3; RC 1919, § 6431; SDC 1939,…

All bonds which are a general obligation of the municipality shall be authorized, issued, and sold as provided in chapter 6-8B . Source: SL 1890, ch 37 , art V, § 5; RPolC 1903, § 1229, subdiv 5; SL 1911, ch 99 ; SL 1913, ch 119 , § 53, subdiv 5; RC 1919, § 6413; SL 1923, ch 228 …

If a county seat has been located at any municipality and the county has no courthouse, the municipality may borrow money on its credit to assist the county in building a courthouse and to issue bonds therefor. All bonds shall be authorized, issued, and sold as provided in chapte…

Whenever any municipality has issued and delivered its bonds and a judgment has been regularly recovered either upon the principal or upon the defaulted coupons belonging to such bonds establishing the validity thereof in a court of competent jurisdiction of this state or of the …

The principal of the judgment bonds may not exceed the amount due upon the judgment at the date which the bonds bear. All bonds shall be issued and sold as provided in chapter 6-8B . However, in municipalities with less than five hundred population the tax levy for the bonds may …

Any municipality may compromise and settle with any such judgment creditor by the delivery of any amount of judgment bonds less than the amount due upon such judgment that such creditor may be willing to accept in settlement of such judgment. Source: SL 1905, ch 65 , § 4; RC 1919…

No judgment bonds shall be issued and delivered to the judgment creditor until after the execution of an agreement between such municipality and such judgment creditor to the effect that upon the payment of the principal and interest upon said bonds according to the terms thereof…

The validity of bonds which have been sold and the proceeds thereof received by the municipality shall not be impaired by the failure to use the proceeds for the authorized purpose or the insufficiency of the proceeds to accomplish such purpose in whole or in part, but the use of…

Whenever any general obligation bonds are issued by a municipality, it shall be the duty of the governing body by ordinance to levy an annual tax upon the taxable property within the municipality of such an amount as will pay the annual interest thereon and the principal of said …

Within thirty days after the adoption and publication of the ordinance required by § 9-26-25 the auditor or clerk shall transmit to the county auditor a certified copy thereof. Thereupon the county auditor shall spread the tax levied in said ordinance upon all of the taxable prop…

All taxes so levied when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that if any moneys shall upon the expi…

Except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a reso…

Any municipality may accept, as herein provided, from the owner a deed to any real estate within the boundary of such municipality in cases where the municipality has a lien on said real estate for general taxes or special assessments. The governing body shall not accept such dee…

Every municipality may convey any real property which is now or may hereafter be held or owned by it, the title to which has been or may be obtained from any source and which is not held for public use or which is about to be abandoned for public purposes, to the school district …

The governing body shall have power to pay a prior lien or liens out of any moneys in its general fund in order to protect its interests in property described by §

Whenever the governing body deems it advisable and to the best interests of the municipality to convey any property to a school district pursuant to § 9-27-29 , it shall by resolution direct that the property be so transferred and conveyed. Thereupon a deed of conveyance shall be…

If any municipality owns land which is suitable for a site upon which to build a courthouse for the county in which such municipality is located, and the county seat of such county has been permanently located in such municipality, fifteen percent of the registered voters of such…

If a majority of those voting upon a proposition submitted pursuant to § 9-27-31 are in favor of such donation, the governing body shall be authorized to execute a conveyance to such land to such county for a courthouse building site. Source: SL 1915, ch 157 , § 3; RC 1919, § 657…

Every municipality shall have power to acquire land within the limits of such municipality as sites for federal buildings or institutions which have been or may be located therein by the government of the United States, and to sell, convey, or lease property so acquired to the Un…

Any municipality or other political subdivision of the State of South Dakota, is hereby authorized and empowered to exchange by and with the approval of the federal government, or any agency thereof, any lands or other properties belonging to such municipality or such political s…

Any municipality may, by resolution, exchange any land belonging to such municipality with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the real property to be appraised by a board of three disinterested apprai…

All instruments of conveyance of real property made by any municipal corporation prior to January 1, 1992, are, notwithstanding any omission, irregularities, defects, in the proceedings and resolutions, had and taken by said municipal corporation to sell and convey the same, here…

Every municipality shall have power to lease or sell on a negotiated basis and to convey any of its real property to a county or the state or another municipality, or to a nonprofit local industrial development corporation as defined by § 9-27-37 and located therein, to be used b…

Local industrial development corporation, as that term is used in § 9-27-36 , is any enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote a…

The provisions of this chapter do not apply to lands transferred to a municipality by Public Law 99-88. If lands are transferred to a municipality by Public Law 99-88, the municipality in disposing of such lands and all improvements on the land shall give the inhabitants of the l…

Such municipality shall hold real estate acquired pursuant to § 9-27-2 as a trustee for itself and any other taxing unit having a lien thereon, and upon a sale of said real estate all such liens shall be paid in their order of priority. When all the money received less costs has …

Every municipality shall have power to purchase the assignment of tax sale certificates as provided by this section. Whenever any county has bid in at tax sale any lot within the limits of any municipality, the governing body thereof may authorize by resolution the treasurer to d…

Every municipality shall have power to exercise jurisdiction for all authorized purposes over all territory within the corporate limits and over any public ground or park belonging to the municipality, whether within or without the corporate limits, and in and over all places, ex…

A municipality may regulate the practice of begging. Source: SL 1890, ch 37 , art V, § 1, subdiv 59; RPolC 1903, § 1229, subdiv 59; SL 1909, ch 50 ; SL 1913, ch 119 , § 53, subdiv 59; RC 1919, § 6169 (63); SDC 1939, § 45.0201 (26); SL 1981, ch 44 , § 32; SL 1982, ch 77 .

Every municipality shall have power to prohibit and punish cruelty to animals. Source: SL 1890, ch 37 , art V, § 1, subdiv 58; RPolC 1903, § 1229, subdiv 58; SL 1913, ch 119 , § 53, subdiv 58; RC 1919, § 6169 (39); SDC 1939, § 45.0201 (46).

Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large. Source: SL 1890, ch 37 , art…

Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same. Source: SL 1890, ch 37 , art V, § 1, subdiv 60; RPolC 1903, § 1229, subdiv 60; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119 , § 53, subdiv 60; RC 1919, § 6169…