Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL § 7-25A-17 Compensation of board members
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Each member of the board of supervisors shall receive an amount not to exceed one hundred dollars per month or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the board. Source: SL 1989, ch 59 …
SDCL § 7-25A-18 District manager--Compensation--Duties
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The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the …
SDCL § 7-25A-19 Relationships not constituting conflict of interest
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It is not a conflict of interest for members of the board, the district manager or other employee of the district to be a landowner, or a stockholder, officer, or employee of a landowner. Source: SL 1989, ch 59 , § 19; SL 1991, ch 64 , § 2.
SDCL § 7-25A-2 Petition for establishment of improvement district--Contents
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A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain: (1) The legal description of the property of the district; (2) The written consent by the owner or own…
SDCL § 7-25A-20 Authority of manager to hire--Compensation of employees determined by board
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The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employ…
SDCL § 7-25A-21 Designation of treasurer--Powers and duties--Disbursement of funds--Bond
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The board shall designate a person as treasurer of the district, who is in charge of the funds of the district. The funds may only be disbursed upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person …
SDCL § 7-25A-22 Selection of depository
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The board may select as a depository for its funds any qualified public depository as set out in §§ 9-22-6 and
SDCL § 7-25A-23 Provision of utilities--Powers of district
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If the board assumes the responsibility for providing utilities, the district shall have the powers provided in chapters 9-40 and 9-47 , insofar as such chapters relate to projects undertaken pursuant to subdivision 7-25A-7(21). Source: SL 1989, ch 59 , § 23.
SDCL § 7-25A-24 District's authority to obtain loans--Purpose--Interest
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The district at any time may obtain loans pursuant to chapter 9-25 , in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the…
SDCL § 7-25A-25 District's authority to issue negotiable notes--Payment
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For the purpose of defraying costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with law and to be sold or discounted at such price or prices…
SDCL § 7-25A-26 Board's authority to issue bonds--Purpose--Limitation
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To undertake, accomplish, and complete any project or projects within the powers granted the board, the board may issue and sell bonds and other forms of indebtedness in such amount as the board may determine, for the purpose of acquiring, constructing, completing, or remodeling,…
SDCL § 7-25A-27 Defeasance of bondholders--Provisions determined by board--Surplus funds
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The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate. The bo…
SDCL § 7-25A-28 Bonds constituting legal investments
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Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings and loans, savings banks, banks, trust companies, insurance companies, personal representatives, trustees, conserv…
SDCL § 7-25A-29 Default not to constitute debt or obligation of local government or state
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A default on the bonds or obligations of a district does not constitute a debt or obligation of a local government or the state. Source: SL 1989, ch 59 , § 29.
SDCL § 7-25A-3 Hearing upon petition--Notice
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Upon the filing of the petition, the county commission of the county in which the majority of land in which the proposed district is located shall schedule a hearing to hear objections to the petition, shall give notice of the time and place fixed for the hearing by publication o…
SDCL § 7-25A-30 Assessment of ad valorem tax--Purpose--Maximum amount--Collection
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The board may levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain projects; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds establis…
SDCL § 7-25A-31 Ad valorem taxes--Delinquency and penalties
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All ad valorem taxes provided for in this chapter shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes. Source: SL 1989, ch 59 , § 31.
SDCL § 7-25A-32 Interest on bonds exempt
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Interest on all bonds issued pursuant to this chapter is exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof. Source: SL 1989, ch 59 , § 32.
SDCL § 7-25A-33 Board authorized to levy special assessments for construction or acquisition of certain projects--Assessment as continuing lien
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The board may levy special assessments for the construction, reconstruction, or acquisition of projects authorized under this chapter using the procedures provided in chapter 9-43 . The district assessments may be made payable in thirty annual installments. Such special assessmen…
SDCL § 7-25A-34 Provisions of other chapters pertaining to taxation applicable
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The provisions of chapters 10-21 , 10-22 , 10-23 , 10-24 , and 10-25 , shall be applicable to district taxes and special assessments with the same force and effect as if such provisions were expressly set forth in this chapter. Source: SL 1989, ch 59 , § 34.
SDCL § 7-25A-35 Board to require use of water management and control and water and sewer facilities within district
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To the full extent permitted by law, the district shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district. Source: SL 1989, ch 59 , § 35.
SDCL § 7-25A-36 Hearing required before fixing amount charged for services--Notice--Periodic adjournment permitted
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No such rates, fees, rentals, or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other …
SDCL § 7-25A-37 Final adoption of schedule--Filing requirements--Scope of coverage
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After the hearing, the schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of the rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board …
SDCL § 7-25A-38 Requirements for charges--Uniformity--Production of minimum revenues
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The rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provi…
SDCL § 7-25A-39 Recovery of charges or penalties upon default
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If any rates, fees, rentals, charges, or delinquent penalties have not been paid when due and have been in default for sixty days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the dist…
SDCL § 7-25A-4 Factors for consideration--Requirements
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The county commission, in considering the petition, shall determine whether all the following requirements have been met: (1) That all statements contained within the petition have been found to be true and correct; (2) That the creation of the district is not inconsistent with a…
SDCL § 7-25A-40 Board's authority to make contracts
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The board may enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district. Source: SL 1989, ch 59 , § 40.
SDCL § 7-25A-41 Petition for termination or contraction of districts--Contents
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A petition for the expansion, termination, or contraction of an improvement district shall be filed with the county auditor of each county in which the district is located. The petition shall contain: (1) A copy of the order establishing the district; (2) A written consent to the…
SDCL § 7-25A-42 Commission's authority to order termination or contraction
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The county commission of the county in which the majority of land in the area in which the district is located, upon petition, may order the expansion, termination, or contraction of an improvement district as provided by this chapter. Source: SL 1989, ch 59 , § 42; SL 1990, ch 5…
SDCL § 7-25A-43 Hearing upon petition to terminate--Notice
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Upon the filing of the petition, the county commission shall schedule a hearing to hear objections to the petition and shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in ea…
SDCL § 7-25A-44 Factors for consideration by commission
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The county commission after conducting a hearing pursuant to this chapter, shall consider the following: (1) Whether all statements contained within the petition have been found to be true and correct; (2) Whether all the debts will be paid or assumed prior to termination; (3) Wh…
SDCL § 7-25A-45 Order for termination or contraction--Requirements
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Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-44 have been satisfied, the commission may enter an order granting the expansion, termination, or contraction of the district and setting forth its findings and conclusions. Source: SL…
SDCL § 7-25A-46 Filing of order
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A certified copy of the order granting the petition for the expansion, termination, or contraction of a district shall be filed with the auditor and register of deeds of each county in which the district was located or will be located as a result of an expansion. Source: SL 1989,…
SDCL § 7-25A-5 Order establishing district--Appointment of additional members to board--Term of office
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Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-4 have been satisfied, the commission may enter an order granting the establishment of the district and setting forth its findings and conclusions. If an order is entered granting esta…
SDCL § 7-25A-6 Filing of order required
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A certified copy of the order shall be filed with the register of deeds and auditor of each county in which the district is located. Source: SL 1989, ch 59 , § 6.
SDCL § 7-25A-7 Powers of district
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The district shall have, and the board may exercise, the following powers: (1) To sue and be sued in the name of the district; (2) To adopt and use a seal and authorize the use of a facsimile thereof; (3) To acquire, by purchase, gift, devise, or otherwise, real and personal prop…
SDCL § 7-25A-8 Hearing prerequisite to purchase or sale of certain water or sewer utilities
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No improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the improvement district has held a public hearing on the purchase or sale and made a determination that the purchase or sale is …
SDCL § 7-25A-9 Powers of board--Composition--Term of office
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The board of the district may exercise the powers granted to the district pursuant to this chapter. The board shall consist of five to seven members. Each elected member shall hold office for a term of six years and until his successor is chosen and qualifies. The members of the …
SDCL § 7-26-1 County monument to veterans--Maintenance and repair
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The board of county commissioners may erect in a suitable place a monument suitable to honor and perpetuate the memory of all American veterans from the county. The board shall provide continued maintenance and repair of the monument. Source: SL 1907, ch 232 , § 1; RC 1919, § 584…
SDCL § 7-26-3 Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers
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The board of county commissioners may, in its discretion, acquire without cost to the county historic sites located in said county and objects of historic interest including newspapers, magazines, and writings of historical interest of any sort or type whatsoever, and may provide…
SDCL § 7-26-5 Construction, improvement, and operation of historical museums
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The board of county commissioners may provide for the acquisition of sites, purchase, erection, renovation, improvement, remodeling, alteration, operation, addition to, and repairing of county historical museums, or a historical museum owned by an incorporated nonprofit historica…
SDCL § 7-26-6 Cemeteries subject to county maintenance
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For the purposes of § 7-26-7 the term "abandoned cemetery" means a cemetery, in which no burial of a human body has taken place for five years and which has not been, for a period of five or more years, maintained by any person, church, religious or benevolent society, or any civ…
SDCL § 7-26-7 Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations
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The board of county commissioners may regulate and maintain abandoned rural cemeteries. The regulation and maintenance shall include, but is not limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The b…
SDCL § 7-27-1 Construction and maintenance of exhibition buildings--Acquisition of property--Tax levy
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The county commissioners may erect, maintain, repair, remodel, and otherwise improve upon any ground owned or acquired by purchase, including by contract for deed or lease with purchase option, lease, gift, bequest, or otherwise, any building to be used for the exhibition of stoc…
SDCL § 7-27-1.1 Municipal annexation of fair land--Continued jurisdiction of county commissioners
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If the land upon which any fair established pursuant to the provisions of this chapter is annexed by a municipality, the board of county commissioners shall continue to regulate maintenance, construction, and supervision of the fairgrounds. Source: SL 1976, ch 99 , § 1. 7-27-2. R…
SDCL § 7-27-10 County fair board--Appointment, organization, and duties of board and officers
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The county commissioners may, in lieu of appointing a secretary or manager, appoint a county fair board which shall conduct and have full management and control of the county fair. The board of county commissioners shall determine the number and tenure of the members of the board…
SDCL § 7-27-11 Working agreement with nonprofit operating corporation
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In lieu of appointing a secretary or manager, or a county fair board, the county commissioners may enter into a lease or working agreement with a nonprofit operating corporation which shall conduct and have full management and control of the county fair and which is hereby empowe…
SDCL § 7-27-11.1 Organization and incorporation of nonprofit fair corporations
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For purposes of this chapter, nonprofit fair corporations may be organized and incorporated as in the case of other nonprofit corporations, as provided by this code in chapters 47-22 to 47-28 , inclusive, for the operation, conduct, management, and control of county fairs and exh…
SDCL § 7-27-12 Lease of fair grounds and buildings--Purposes for which authorized
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The county commissioners, county fair board or nonprofit operating corporation may lease the fair grounds and fair buildings or any part thereof to any person, persons, limited liability company, corporation, association, or organization in their discretion, either for the purpos…
SDCL § 7-27-12.1 Corporate county fair prohibited during state fair
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No fair shall be held by a fair corporation receiving aid from any county under the provisions of this chapter during the week of the state fair. Source: SL 1907, ch 107 , § 1; SL 1909, ch 49 ; SL 1911, ch 102 ; SL 1913, ch 142 ; RC 1919, § 7947; SDC 1939, § 53.0407; SDCL, § 42-3…