South Dakota Code — 9
Browse 1,195 sections in division 9 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 9-1-1. Definitions.
- § 9-1-1.1. Service to affected person equivalent to required publication.
- § 9-1-2. Municipalities governed by title.
- § 9-1-3. Judicial notice of organization.
- § 9-1-4. Corporate seal--Corporate name.
- § 9-1-5. Governing body authorizes contracts--Execution--Delegation of authority.
- § 9-1-6. Citizen enforcement of this title.
- § 9-1-7. Existing rights unaffected--Remedies cumulative.
- § 9-1-9. Repealed.
- § 9-2-1. Classes enumerated--Population groups.
- § 9-2-2. Population determined by census--Estimate by election totals after change of municipal boundaries.
- § 9-2-2.1. Change in municipality classification--Application to court--Notice.
- § 9-2-2.2. Change in municipality classification--Judgment--Filing.
- § 9-2-3. Repealed.
- § 9-2-4. Form of government for existing municipalities continued.
- § 9-2-5. Repealed by SL 1974, ch 118, § 200.
- § 9-2-7. Determination of number of inhabitants in wards.
- § 9-3-1. Minimum population of municipalities.
- § 9-3-1.1. Minimum distance from existing municipality--Exceptions.
- § 9-3-2. Survey and map showing proposed municipal boundaries--Affidavit of surveyor.
- § 9-3-3. Census of proposed municipality--Contents--Verification.
- § 9-3-4. Survey, map, and census--Public inspection.
- § 9-3-5. Voters' petition as application for incorporation--Number of signers--Petition contents--Name--Presentation to county commissioners.
- § 9-3-6. County commissioners' order for election.
- § 9-3-7. Repealed by SL 1999, ch 37, §§ 5 to 7.
- § 9-3-10. Balloting--Majority required for incorporation--Name of municipality.
- § 9-3-11. Canvass and return of votes.
- § 9-3-12. County commissioners' order--Conclusive effect.
- § 9-3-13. Adjustment of claims--Municipality and civil township.
- § 9-3-14. Canvass of votes on incorporation--Filing--Recording--Registry maintained by secretary of state.
- § 9-3-15. Repealed by SL 1974, ch 118, § 200.
- § 9-3-17. Repealed.
- § 9-3-18. Election by plurality at first election--Tie vote--Notice to persons elected.
- § 9-3-18.1. Elected official--Term of office.
- § 9-3-19. Repealed.
- § 9-3-20. Validity of incorporation questioned only by state.
- § 9-3-21. Validation of prior incorporation of municipalities.
- § 9-3-22. Repealed.
- § 9-3-23. Repealed.
- § 9-3-24. Repealed.
- § 9-3-25. Repealed.
- § 9-3-26. Repealed.
- § 9-3-27. Repealed.
- § 9-3-28. Repealed.
- § 9-3-29. Repealed.
- § 9-3A-1. Repealed.
- § 9-3A-2. Repealed.
- § 9-3A-3. Repealed.
- § 9-3A-4. Repealed.
- § 9-3A-5. Repealed.
- § 9-3A-6. Repealed.
- § 9-3A-7. Repealed.
- § 9-3A-8. Repealed.
- § 9-3A-9. Repealed.
- § 9-3A-10. Repealed.
- § 9-3A-11. Repealed.
- § 9-3A-12. Repealed.
- § 9-3A-13. Repealed.
- § 9-3A-14. Repealed.
- § 9-3A-15. Repealed.
- § 9-3A-16. Repealed.
- § 9-3A-17. Repealed.
- § 9-3A-18. Repealed.
- § 9-3A-19. Repealed.
- § 9-3A-20. Repealed.
- § 9-4-1. Annexation of territory on petition by voters and landowners.
- § 9-4-1.1. Municipalities authorized to enter into annexation and development agreements with landowners.
- § 9-4-2. Repealed by SL 1979, ch 47, §§ 13 to 15.
- § 9-4-4.1. Study required before annexation without petition.
- § 9-4-4.2. Resolution of intent to annex--Contents for large municipalities.
- § 9-4-4.3. Notice of hearing on resolution to landowners and county auditor--Adoption.
- § 9-4-4.4. Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.
- § 9-4-4.5. Petition for submission of annexation resolution to voters.
- § 9-4-4.6. Contents of referendum petition--Signatures--Verification.
- § 9-4-4.7. Election on annexation--Referendum provisions applicable.
- § 9-4-4.8. Special precinct for area to be annexed--Registration lists.
- § 9-4-4.9. Vote required to approve annexation--Effective date.
- § 9-4-4.10. Proceedings to enforce terms of resolution of annexation or resolution of intent.
- § 9-4-4.11. Resolution of intent to annex--Contents for small municipalities.
- § 9-4-5. Annexation of unplatted territory subject to approval by county commissioners.
- § 9-4-6. Exclusion of territory from municipality on petition or by vote of governing body.
- § 9-4-7. Publication of petition for exclusion of territory.
- § 9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body.
- § 9-4-9. Service of notice of petition to circuit court--Hearing at term or in vacation.
- § 9-4-10. Court order for exclusion of territory--Dismissal of petition.
- § 9-4-11. Recording of resolution or decree changing municipal boundaries--Effective date.
- § 9-4-12. Annexation of territory near municipal airport prohibited--Exception.
- § 9-4-13. Repealed.
- § 9-4-14. Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.
- § 9-5-1. Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.
- § 9-5-2. Publication of resolutions of annexation--Approval of voters required.
- § 9-5-3. Notice, conduct, and canvass of election.
- § 9-5-4. Waiting period after rejection of annexation by voters.
- § 9-5-5. Submission to voters of municipality to be annexed--Date of election.
- § 9-5-6. Form of ballot on question of annexation.
- § 9-5-7. Resolution declaring approval by municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election.
- § 9-5-8. Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.
- § 9-5-9. Effective date of annexation--Implementing ordinance.
- § 9-5-10. Proceedings to compel compliance with terms of annexation--Existing rights and liabilities preserved.
- § 9-5-11. Title to municipal property after annexation.
- § 9-5-12. Assumption of municipal debts and obligations after annexation.
- § 9-5-13. Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.
- § 9-5-14. Bonded indebtedness of annexed municipality--Tax levy.
- § 9-5-15. Enforcement of claims and demands against annexed municipality--Payment of judgments.
- § 9-5-16. School districts consolidated on annexation.
- § 9-5-17. Title to school district property after consolidation--Assumption of debts and obligations.
- § 9-5-18. Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.
- § 9-5-19. Bonded indebtedness of annexed school district--Tax levy.
- § 9-5-20. Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district.
- § 9-6-1. Petition for dissolution--Majority of landowners--Circuit court--Dissolution by decree.
- § 9-6-2. Petition for dissolution--Contents--Verification.
- § 9-6-3. Petition for dissolution--Show cause order to municipality--Service.
- § 9-6-4. Petition for dissolution--Objection--Requirements.
- § 9-6-5. Petition for dissolution--Hearing--Determination--Referee appointed, duties--Report of referee.
- § 9-6-6. Petition for dissolution--Decree.
- § 9-6-7. Petition for dissolution--Judgment record.
- § 9-6-8. Petition for dissolution--Decree filing--Cessation of municipal existence--Exception.
- § 9-6-9. Petition for dissolution--Limited jurisdiction after dissolution--Winding up affairs.
- § 9-6-10. Election to dissolve--Petition.
- § 9-6-11. Election to dissolve--Waiting period after rejection.
- § 9-6-12. Election to dissolve--Number of votes required--Cessation of municipal existence--Disposition of property--Existing rights preserved.
- § 9-7-1. Composition and election of board--Qualifications of trustee--Change in number.
- § 9-7-3. Terms of office of trustees--Vacancy.
- § 9-7-5. President of board.
- § 9-7-6. Regular and special meetings of board.
- § 9-7-7. Quorum--Majority required for action.
- § 9-8-1. Mayor--Term of office.
- § 9-8-1.1. Mayor and alderman--Qualifications--Effect of moving residence.
- § 9-8-2. Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity.
- § 9-8-3. Mayor--Powers and duties--Veto power.
- § 9-8-4. Common council--Composition--Election and terms of aldermen--Vacancy--Resignation.
- § 9-8-4.1. Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.
- § 9-8-5. Common council--Power to judge members and govern proceedings--Expulsion--Vacating office for bribery, attendance issues.
- § 9-8-7. Common council--President and vice president--Election--Term--Vacancy.
- § 9-8-8. Common council--Meetings--Quorum--Open to public--Minutes kept.
- § 9-8-10. Common council--Meetings--Voting.
- § 9-8-11. Reconsideration of council action.
- § 9-8-12. Mayor--Temporary absence or incapacity--Mayor pro tempore.
- § 9-8-13. Mayor--Temporary absence or incapacity--Mayor pro tempore--Duties and authority.
- § 9-9-1. Composition of board of commissioners.
- § 9-9-2. Mayor or commissioner--Qualifications.
- § 9-9-3. Mayor or commissioner--Term.
- § 9-9-6. Mayor or commissioner--Resignation--Effect of moving residence--Filling of vacancy--Temporary absence or incapacity.
- § 9-9-7. Mayor as president of board--Voting power.
- § 9-9-8. Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor.
- § 9-9-9. Board control of departments.
- § 9-9-10. Attendance of witnesses and production of documents--Service of process.
- § 9-9-11. Regular meetings of board.
- § 9-9-12. Special meetings of commissioners.
- § 9-9-13. Repealed.
- § 9-9-14. Board--Quorum--Majority vote for action.
- § 9-9-14.1. Board--Judge of commissioners--Rules of procedure--Expulsion--Attendance requirements.
- § 9-9-16. Board--Meetings open to public--Voting--Minutes.
- § 9-9-18. Designation of areas of responsibility in five-commissioner municipalities.
- § 9-9-19. Board of five commissioners--Mayor--Powers.
- § 9-9-20. Board of five commissioners--Authority of mayor--Temporary absence or vacancy of commissioner.
- § 9-9-21. Commissioner of public safety in five-commissioner municipality.
- § 9-9-22. Commissioner of public works in five-commissioner municipality.
- § 9-9-23. Commissioner of utilities in five-commissioner municipality.
- § 9-9-24. Commissioner of finance and revenue in five-commissioner municipality.
- § 9-9-25. Division of responsibilities in three-commissioner municipalities.
- § 9-9-26. Board of three commissioners--Authority of mayor--Temporary absence or vacancy of commissioner.
- § 9-9-27. Board of three commissioners--Areas of responsibility.
- § 9-10-1. Petition for city manager--Validity--Election--Ballot.
- § 9-10-2. Repealed.
- § 9-10-3. Employment of city manager.
- § 9-10-4. Aldermanic form--Mayor and aldermen elections not affected.
- § 9-10-5. Commissioner form--Number, election, and terms of commissioners.
- § 9-10-6. Commissioner form--Special election of commissioners after manager employed--Initial mayor.
- § 9-10-7. Mayor--Authority.
- § 9-10-8. Governing body--Regular and special meetings--Quorum--Open to public--Minutes.
- § 9-10-9. Governing body--Officers and employees appointed and removed--City manager authority.
- § 9-10-10. City manager--Qualifications and appointment--Residence--Restriction on appointment.
- § 9-10-11. City manager--Term--Removal--Resolution of intent--Response--Public hearing--Pay.
- § 9-10-12. City manager--Absence, disability, or suspension.
- § 9-10-13. City manager--Responsibilities--Power to appoint and remove officers and employees.
- § 9-10-14. City manager and officers--Bond--Approval--Exception.
- § 9-10-15. City manager--General duties and authority.
- § 9-10-16. Governing body to work through city manager--Violation as misdemeanor--Removal from office.
- § 9-10-17. City manager or appointee--Solicitation of votes prohibited--Penalty.
- § 9-10-18. Inconsistent statutes inapplicable.
- § 9-10-19. City manager--Authority to contract--Delegation.
- § 9-11-3.1. Repealed.
- § 9-11-4. Repealed.
- § 9-11-5. City voters authorized to change form of government.
- § 9-11-6. Petition to change government form--Election.
- § 9-11-7. Ballot form.
- § 9-11-8. Waiting period after election on form of city government.
- § 9-11-9. First election after change in form.
- § 9-11-10. Continuation in force of ordinances, contracts, rights and liabilities after change in form.
- § 9-11-11. Form of municipal government.
- § 9-12-1. General corporate powers--Municipal property.
- § 9-12-2. Fiscal powers of municipalities.
- § 9-12-3. Expenses of officers and employees in attending meetings.
- § 9-12-3.1. Compensation of board and commission members not already compensated.
- § 9-12-4. Agreements with state and United States to carry out municipal functions.
- § 9-12-5. Lease or transfer of municipal property to state agency for public purposes.
- § 9-12-5.1. Lease of municipally owned property--Term and conditions.
- § 9-12-5.2. Lease of municipally owned property to private person--Resolution of intent--Notice and hearing--Authorization.
- § 9-12-6. Designation of newspaper.
- § 9-12-7. Liability insurance and agreements for protection of municipality, officers and employees.
- § 9-12-9. Repealed.
- § 9-12-10. Municipal census.
- § 9-12-11. Promotion of municipality--Appropriation and expenditure of funds--Records.
- § 9-12-12. Employment of welfare workers.
- § 9-12-13. Power to adopt zoning ordinance.
- § 9-12-14. Power to support airports and landing fields.
- § 9-12-14.1. Municipality authorized to provide funds for air carrier air service.
- § 9-12-15. Power to maintain library.
- § 9-12-16. Option to adopt campaign finance law.
- § 9-12-17. Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program.
- § 9-12-18. Power to maintain abandoned cemetery--Cemetery board--Funds.
- § 9-12-19. Inspection fee for government-owned property.
- § 9-12-20. Municipality holding required license authorized to serve food, prepared food, and beverages.
- § 9-12-21. Rebate of municipal property taxes to further industry development goals.
- § 9-12-22. Capital improvement board--Purpose--Membership.
- § 9-12-23. Capital improvement board--Length of terms--Filling vacancies.
- § 9-13-1. Regular election date--Annual--Hours of voting.
- § 9-13-1.1. Joint municipal and school district election authorized--Date--Sharing costs and responsibilities.
- § 9-13-1.2. Repealed.
- § 9-13-1.3. Regular election date--Biennial--Designation--Transition term of office.
- § 9-13-4.1. Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election.
- § 9-13-5. Unopposed candidates, no ballot measures--No election--Certificate issued.
- § 9-13-6. Notice of vacancies in office--Publication.
- § 9-13-6.1. Individual contests authorized when more than one seat vacant.
- § 9-13-7. Municipal office--Nominating petition--Deadline--Contents--Verification.
- § 9-13-7.1. Withdrawal or death of candidate--Procedure--Effect.
- § 9-13-9. Municipal office--Nominating petition--Signers required--Time for circulating.
- § 9-13-11. Residence mailing address and date added to signature--Form and verification of petition.
- § 9-13-13. Notice of municipal election--Publication or posting.
- § 9-13-14. Special elections--Governed by general provisions--Notice.
- § 9-13-14.1. Filling of vacancy--Governing body--Appointment or special election.
- § 9-13-14.2. Filling of vacancy--Governing body or mayor--Ordinance for special election--Procedures.
- § 9-13-14.3. Elected official to hold office until vacancy filled.
- § 9-13-16. Election precincts--Ward division and consolidation into precincts--Application to state and county elections.
- § 9-13-16.1. Precinct election boards.
- § 9-13-16.2. Post-redistricting--Governing body terms, representation.
- § 9-13-21. Ballots--Preparation--Availability--Form--Candidate names.
- § 9-13-24. Return and canvass of votes.
- § 9-13-24.1. Certification of returns--Preservation of election material.
- § 9-13-25. Election result--Highest vote total or runoff.
- § 9-13-26.1. Runoff election when no candidate receives a majority of votes--Conduct of election.
- § 9-13-27.1. Runoff election--Notice.
- § 9-13-27.2. Tie vote--Recount--Determination by lot.
- § 9-13-27.3. Request for recount--Recount board established.
- § 9-13-27.4. Recount on ballot question--Recount board.
- § 9-13-28. Notice to persons elected--Time allowed for qualification.
- § 9-13-29. Municipal officers subject to recall.
- § 9-13-30. Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition.
- § 9-13-31. Recall election--Notice.
- § 9-13-32. Recall election--Incumbent--Other candidates--Runoff.
- § 9-13-33. Continuation of incumbent in office if re-elected.
- § 9-13-34. Removal of incumbent from office by election of another at recall--Qualification of successor.
- § 9-13-35. Term of office of successor elected at recall election.
- § 9-13-36. Election board for wards--Compensation.
- § 9-13-37. Election dates--Combined election expenses and responsibilities--Nominating petition circulation--Filing deadline--Candidate and ballot language certification deadline.
- § 9-13-40. Repealed.
- § 9-13-41. Election day transition--Term of office.
- § 9-14-2. Election to office--Residence requirements.
- § 9-14-3. Municipality to determine duties of officers--Appointment of officers--Terms--No property interest in employment--Exception.
- § 9-14-4. Certificate of appointment.
- § 9-14-5. Qualification and discharge of duties--Appointed officers--Elected officers--Officers appointed to fill elected office.
- § 9-14-6. Oath of appointed officers--Bond--Exception--Amount--Blanket coverage.
- § 9-14-6.1. Repealed.
- § 9-14-7. Repealed.
- § 9-14-9. Bond filed with finance officer.
- § 9-14-10. Vacancy created--Officer moving from district, municipality, or ward.
- § 9-14-12. Officer appointed by governing board--Removal from office.
- § 9-14-13. Officer appointed by mayor--Removal from office--Grounds--Report of removal.
- § 9-14-14. Civil service ordinance--Required provisions--Suspension or removal of employee--Appeal--Initiated ordinance for repeal--Labor agreement.
- § 9-14-15. Civil service ordinance--Employee removal with no labor agreement--Governor's authority--Appointees of city manager.
- § 9-14-16. Elected officials not to hold other office--Exclusion--Alcoholic beverage license not disqualifying--License vote.
- § 9-14-16.1. Elected officials not to hold other office--Exceptions.
- § 9-14-17. Municipal finance officer--Duties--Authority to delegate--Record destruction.
- § 9-14-18. Repealed.
- § 9-14-19. Repealed.
- § 9-14-20. Repealed.
- § 9-14-21. Repealed.
- § 9-14-22. City attorney--Authority.
- § 9-14-23. Contracting for legal services--Employing an attorney.
- § 9-14-24. City engineer--Qualifications--Delegation of land surveyor duties--Duties prescribed--Preservation of surveys, plans, and estimates.
- § 9-14-26. Law enforcement officer--Service of process--Municipality in more than one county.
- § 9-14-27. Appointed municipal officers--Additional duties in ordinance.
- § 9-14-28. Salaries and compensation of municipal officers.
- § 9-14-29. Law enforcement officer--Civil process fee accounting.
- § 9-14-30. Life, health, and accident insurance for municipal officers and employees--Restriction on accident insurance.
- § 9-14-31. Repealed.
- § 9-14-32. Repealed.
- § 9-14-33. Life, health, and accident insurance--Salary deductions for participation.
- § 9-14-34. Administration of insurance programs.
- § 9-14-35. Inclusion of retired officers and employees and dependents of deceased officers and employees in insurance program.
- § 9-14-35.1. Health insurance--Flexible spending accounts.
- § 9-14-36. Retirement programs and life insurance for municipal employees--Salary saving and retirement annuities--Salary deductions--Groups covered--Consent required.
- § 9-14-37. Neglect of duty or misconduct--Penalty--Removal.
- § 9-14-39. Delivery of records and property to successor in office--Liability--Penalties--Attorney’s fees--Injunction.
- § 9-14-40. Housing for police officers and personnel--Terms--Rent.
- § 9-14-41. Payment by occupant of municipal dwelling of amount equal to property tax on property.
- § 9-14-42. Prospective municipal employees--Criminal background check.
- § 9-14-43. Fire department employees--Hours of employment.
- § 9-14-44. Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability.