Title 8, TOWNSHIPS

The civil townships heretofore established shall remain as they are, subject to alteration or division as provided in this chapter. Source: SL 1890, ch 34 , § 3; RPolC 1903, § 992; RC 1919, § 6028; SDC 1939, § 58.0101.

Following the hearing required in § 8-1-9 , the proposed reorganization, division, or merger shall be decided by the voters of the affected civil townships and the affected portions of unorganized congressional townships by ballot at the next regular township election. Any regist…

Any civil township so formed by merger of townships or by separation from the original township shall be named in accordance with the expressed wish of a majority of the legal voters of the new township; but if they fail to designate a name, or the same cannot be properly given t…

The board of county commissioners shall designate suitable places in each new civil township so formed for holding the first annual township meeting. Notice of the time and place of holding the annual township meeting shall be given by the township clerk of the township so divide…

The civil township, a division of which has been declared as hereinbefore provided, shall continue as previously organized, and the officers thereof shall hold their offices until the next annual township meeting, at which meeting there shall be elected in each of the new townshi…

If any civil township is subdivided, reorganized, or merged according to the provisions of this chapter, which has been bonded for school or other purposes, or against which there is any other outstanding indebtedness, and if money raised by taxation in the township has been expe…

Within ten days after the election and qualification of the boards of supervisors of the respective townships that have been reorganized, divided, or merged as provided in § 8-1-8 , each of the boards shall appoint one suitable person, who shall be a legal voter of the township w…

The first meeting of such board of adjustment shall be at a time and place to be designated by the board of county commissioners at the time of its appointment. Source: SL 1890, ch 34 , § 14; RPolC 1903, § 1000; RC 1919, § 6041; SDC 1939, § 58.0113.

The board of adjustment may determine and declare what portion of the bonded or other indebtedness of the original township shall be assumed and paid by each of the new townships so organized, and also to ascertain and determine what sum either of the new townships shall pay to t…

A written statement of the determination of such board, signed by the members or a majority thereof shall be filed with the township clerk of each of the newly organized townships and also with the county auditor, which determination, when so filed, shall be binding upon each of …

Each member of the board of adjustment shall receive a sum not to exceed thirty dollars per day for each day employed in the discharge of his duties. The sum shall be paid in equal portions by the townships represented by the board. Source: SL 1890, ch 34 , § 15; RPolC 1903, § 10…

The board of county commissioners shall continue to divide the county into as many civil townships as the conveniences of the citizens may require, and shall accurately define the boundaries thereof, and may from time to time make such alterations in the number, names, and bounda…

Whenever in any civil township, whether such civil township is or is not coextensive in area with a congressional township, containing an area platted, developed, and occupied as a village in which reside more than twenty - five percent of the legal voters of the civil township, …

Upon filing such petition with the county auditor such board shall appoint a time and place for consideration of such petition, not less than twenty days thereafter, and shall cause notice thereof to be sent by regular mail or delivered personally to the township clerk and to eac…

At the time and place so appointed such board of county commissioners shall proceed to the consideration of such petition, and shall at the same time afford opportunity to any resident of the civil township to be affected thereby to be heard in opposition thereto, and if upon suc…

Except as provided in § 8-1-28 , if fifteen percent of the registered voters of any civil township, based upon the total number of registered voters at the last preceding general election, petition the township clerk, the clerk, at the direction of the board of supervisors, shall…

No petition to abolish a township may be filed within one year following an election on the question of abolishing the township. Source: SL 2002, ch 43 , § 2.

If a majority of the votes cast at such election shall be in favor of abolishing such civil township organization, it shall be abolished. The clerk of such township shall forthwith transmit to the county auditor, a statement of such action, together with an abstract of the number…

The county auditor shall pay all money so received to the county treasurer to be by him disposed of as provided in this chapter. The county auditor shall make an inventory of all books, records, papers, and personal property so received. The books, papers, and records shall becom…

At its next session the board of county commissioners shall audit the accounts of such township and shall order the payment of its outstanding debts out of any money in the hands of the county treasurer to the credit of such township, and shall dispose of the personal property of…

At its first meeting after any township ceases to be a civil township as provided by this chapter, the board of county commissioners shall expend all money in the hands of the county treasurer to the credit of such township, in excess of the amount required to pay the indebtednes…

The provisions of §§ 8-1-23 to 8-1-27 , inclusive, relating to abolishing of township organizations shall not apply to any township having an outstanding bonded indebtedness nor to any township owning any real property. Source: SL 1897, ch 117 , § 7; RPolC 1903, § 1169; RC 1919, …

Any township may be reestablished pursuant to §§ 8-1-29 to 8-1-32 , inclusive, if such township contains at least five resident voters. For the purposes of §§ 8-1-29 to 8-1-32 , inclusive, the term, reestablishment, means organizing a township that has been dissolved. Source: SL …

Any contiguous territory that has at least five resident voters and includes a maximum of four congressional townships, together with any fractional townships that are contiguous with any of the congressional townships, may be organized as a civil township. Source: SDC 1939, § 58…

Any township may be reestablished subject to approval by the voters in any unorganized congressional township as provided in §§ 8-1-29 to 8-1-32 , inclusive, if: (1) The board of county commissioners proposes that the township be reestablished; or (2) Fifteen percent of the regis…

If one of the conditions of § 8-1-30 is met, the board of county commissioners shall hold a public hearing to consider the proposed reestablishment. The hearing may be conducted in conjunction with a regularly scheduled meeting of the board. At least twenty days before the hearin…

Following the hearing required in § 8-1-31 , the proposed reestablishment shall be decided by the voters of the affected civil townships on the date set for the township election by the board of county commissioners. Any registered voter residing in the affected portion of an uno…

A description of the boundaries of each new civil township shall be entered at length in the records of the board of county commissioners; also all alterations in the boundaries of all civil townships which may be hereafter made. Source: SL 1890, ch 34 , § 2; RPolC 1903, § 988; R…

Whenever a majority of the legal voters of a civil township, formed as provided in § 8-1-2 , shall petition the board of county commissioners for civil township organization, such board shall perfect the civil township organization thereof by appointing a board of supervisors for…

The township so organized shall be named in accordance with the expressed wish of a majority of the voters thereof; but if they fail to so designate a name, the board of county commissioners may select the name. Source: SL 1890, ch 34 , § 10; RPolC 1903, § 991; RC 1919, § 6033; S…

Any township may be reorganized, divided, or merged as provided in §§ 8-1-8 , 8-1-9 , and 8-1-10 if each resulting township contains at least five resident voters. Source: SDC 1939, § 58.0107; SL 1996, ch 58 , § 2.

Any township or fraction of a township may be organized, reorganized, divided, or merged with another township or fraction of a township, subject to approval by the voters in the affected civil townships and the affected portions of unorganized congressional townships as provided…

If the conditions of subdivision 8-1-8 (1), (2), or (3) are met, the board of county commissioners must hold a public hearing to consider the proposed organization, reorganization, division, or merger. The hearing may be conducted in conjunction with a regularly scheduled meeting…

Each organized township in the state is a body corporate and has power: (1) To sue and be sued; (2) To acquire, by purchase, condemnation, or other lawful means, real property within or without the limits of the township, necessary or convenient for township purposes, or for the …

No organized township shall possess or exercise any powers except such as are enumerated in this chapter, or are especially given by law or are necessary to the exercise of the powers so enumerated or granted. Source: SL 1872-3, ch 51 , § 9; PolC 1877, ch 23, § 8; SL 1883, ch 112…

No bylaw made by any township shall take effect before the publication thereof for three consecutive days in a daily, or for two consecutive weeks in a weekly newspaper of general circulation in said township; and such bylaws, duly made and so published, are binding upon all pers…

Whenever any action is brought to recover a penalty imposed for any trespass committed on the lands belonging to the township, if it appears on the trial thereof that the actual amount of injury to such lands in consequence of such trespass exceeds the sum of twelve dollars and f…

Any township with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the township or by the volunteer firefighters and may be managed through the township or through an insurance company or o…

Any township with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the township or by the volunteer advanced life support personnel and may be managed throu…

The township board of supervisors may regulate and maintain abandoned rural cemeteries within their township. The regulation and maintenance may include the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. Funds nec…

A township may enroll in any group health insurance plan, group life insurance plan, or group disability income insurance plan permitted by law to be offered in this state for township officers and any employee of the township who is employed for a minimum of one thousand forty h…

All transactions by or with a township in its corporate capacity shall be conducted in the name of such township, but any conveyance of land within the limits of such township, made in any manner for the use and benefit of its inhabitants, shall have the same effect as if made to…

In all actions and proceedings the township shall sue and be sued by its name, except where township officers are authorized by law to sue in their official capacity for the benefit of the township. Source: SL 1883, ch 112 , subch 1, § 92; CL 1887, § 805; RPolC 1903, § 1099; RC 1…

Each organized township in the state has power to provide for public library services, subject however to the same conditions as provided in chapter 14-2 , and all provisions of such chapter, so far as reasonably adapted to townships, apply with reference to the establishment, ma…

Any township in this state may, through its board of supervisors, when and to the extent deemed expedient by said board, obtain and pay for public liability insurance insuring the township, its board, officers, and employees from any and all claims for damages arising from or cau…

Each organized township in the state has power, when an unincorporated town is within its limits: (1) To regulate the laying of sidewalks and crosswalks along, over, or across the streets and alleys thereof; (2) To regulate the depositing of garbage, ashes, offal, or any offensiv…

Each organized township in the state has power, when a municipality with a population of fifty thousand or more is within four miles of the township: (1) To regulate the depositing of garbage, ashes, offal, or any offensive matter which might endanger the health of its inhabitant…

The citizens of each organized civil township qualified to vote at general elections shall annually assemble and hold a township meeting on the first Tuesday of March. The township board of supervisors shall by resolution establish the location where the annual township meeting s…

The board of supervisors of a township may, by ordinance, require a candidate for township office to file a nominating petition pursuant to § 8-3-1.2 . If a township has fifty or more registered voters, ten percent or more of the registered voters may file a petition, by October …

If the board of supervisors requires nominating petitions pursuant to § 8-3-1.1 , no candidate for elective township office may be nominated unless a nominating petition is filed with the township clerk no later than five p.m. of the day twenty - five days prior to the annual tow…