Title 9, MUNICIPAL GOVERNMENT

Terms used in this title, unless the context otherwise plainly requires, mean: (1) "County," the county or counties where a municipality is located; (2) "Governing body," the board of trustees, the board of commissioners, or the common council of a municipality; (3) "Lot" include…

If notice is required to be published, proof of service to the person affected, pursuant to § 15-6-4, whether the personal service occurs within or without the state, is equivalent to the required publication. Source: SL 2024, ch 28 , § 9.

All municipalities organized under the provisions of this title shall be governed by the provisions of this title. Source: SL 1890, ch 37 , art I, § 4; RPolC 1903, §§ 1170, 1173; RC 1919, §§ 6155, 6156; SDC 1939, § 45.0104; SL 1975, ch 84 .

The courts of this state shall take judicial notice of the existence of all municipalities organized under the laws of this state and of any change of organization authorized by law. Source: SL 1890, ch 37 , art I, § 5; RPolC 1903, § 1174; SL 1913, ch 119 , § 5; RC 1919, § 6158; …

Every municipality must have and use a corporate seal that may be changed by a majority vote of the governing body. Each municipality must have a corporate name. The corporate name must be used when exercising municipal power. Source: SL 1890, ch 37 , art I, § 6; RPolC 1903, §§ 1…

No contract of a municipality is valid unless the contract has been authorized by a vote of the governing body at an official meeting. Each written contract must be executed in the name of the municipality by the mayor or president of the board of trustees, be countersigned by th…

Any resident of a municipality may maintain an action or proceeding to prevent, by proper remedy, a violation of any provision of this title by that municipality. Source: SL 1913, ch 119 , § 134; RC 1919, § 6163; SDC 1939, § 45.0112; SL 2024, ch 28 , § 13.

The adoption of this code, except as otherwise specifically provided, shall not affect any then existing right or liability of or prosecution by any municipality, but any different applicable remedy provided shall be cumulative to existing remedies. Source: SL 1890, ch 37 , art I…

The three classes of municipal corporations are: (1) Municipalities of the first class: municipal corporations with a population of five thousand and over; (2) Municipalities of the second class: municipal corporations with a population between five hundred and four thousand nine…

For the purpose of classification, the population of each municipality is determined by the last preceding federal census. Whenever the municipal boundaries included in the last preceding census substantially differ from the current boundaries of the municipality, the governing b…

If the population of a municipality, as shown by the last preceding federal census, increases or decreases causing the municipality to pass into a different class of municipality pursuant to § 9-2-1 , the municipality may, through its governing body, apply to the circuit court ha…

After the hearing, if the facts warrant the granting of the application, the court must make and enter its judgment changing the status of the municipality to that of a municipality of the appropriate class, pursuant to § 9-2-1 . The court shall establish the time when the change…

The present classification of government of existing municipalities continues until changed as provided by this title. Source: RC 1919, § 6188; SDC 1939, § 45.0402; SL 2024, ch 28 , § 18.

For the purpose of dividing a municipality into wards, the number of inhabitants is determined by population, as defined in § 2-14-2 . The governing body may, by resolution, authorize the finance officer to determine the number of inhabitants by filing a certificate showing the n…

A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed munic…

A municipality may not be incorporated if any part of the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of an incorporated municipality, unless: (1) The incorporated municipality refuses or fails to annex a territory that is c…

The vote upon the question of incorporation of a proposed municipality must be by ballot that conforms to a ballot for a statewide question, except that the statement required to be printed on the ballot must be prepared by the state's attorney. If a majority of the qualified vot…

After the canvass of the vote, the county auditor shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation and shall return the same to the board of county commissioners at its next m…

If satisfied of the legality of the election, the board of county commissioners must make an order declaring that the proposed municipality is incorporated by the name adopted. The order is conclusive of the fact of the incorporation in all suits by or against the municipality. S…

Within the sixty days following the order declaring the incorporation, the board of county commissioners has full power to settle and adjust all claims and accounts existing between the municipality and the civil township or townships that formed a part of the municipality previo…

Within thirty days of the order declaring incorporation, the county auditor shall file a certified copy of the canvass of the votes showing the result of the election held on the question of incorporation with the register of deeds and the secretary of state. The register of deed…

The person having the highest number of votes respectively for each office to be filled is declared elected. If there is a tie, the county auditor must determine by lot the person deemed elected. The county auditor shall notify each person elected of the person's election within …

Each official elected at the first election shall hold office until the first Monday of the next following May or until a successor is elected and qualified. Source: SL 2024, ch 28 , § 31.

Persons making application for the organization of a proposed municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of the proposed municipality showing the boundaries and area thereof and the accuracy of w…

The validity of the incorporation of any municipality may only be challenged in an action or proceeding instituted by or on behalf of the state. Source: PolC 1877, ch 24, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111; SL 2024, ch 28 , § 32.

In all cases where application has, before July 1, 1939, been made for the organization of a municipality and such municipality has assumed to act as a municipality, the organization thereof is hereby in all things legalized, ratified, and declared valid, notwithstanding any erro…

Any person making application for the organization of a proposed municipality shall cause an accurate census to be taken of the landowners and the legal resident population of the proposed municipality not more than thirty days prior to the time of presenting the application to t…

Within two days of the completion and verification of the survey, map, and census, the documents must be filed with the county auditor and made available to the public during regular business hours. Source: PolC 1877, ch 24, § 3; CL 1887, § 1024; RPolC 1903, § 1419; RC 1919, § 61…

The application for incorporation of a proposed municipality must be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either residents and registered voters in the proposed municipality or landowners in the p…

After the public hearing on the application, if the board of county commissioners determines the requirements of this chapter have been met, the board must set a date for an election on the question of whether the proposed municipality is to be incorporated. The election must be …

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.

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…

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…

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 less than one thousand in population as determined in the last federal census, shall contain the following: (1) The de…

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…

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 9-4-4.11 . Prior to adoption of the resolution of annexation, a copy of the adopted resolution of in…

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…

Upon the filing of a petition pursuant to § 9-4-4.5 , the county commissioners of the county in which the area to be annexed lies, shall upon request of the municipal finance officer, establish a special election precinct comprising all of the registered voters residing in the ar…

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: …