An Act to modify requirements for incorporating municipalities that are within three miles of another incorporated municipality.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 9-3-1.1 be AMENDED:

9-3-1.1. A municipality may not be incorporated if any part of such the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any incorporated municipality, unless the:

(1) The incorporated municipality refuses or fails to annex a territory which that is contiguous to said the incorporated municipality, and said the contiguous territory has properly petitioned said the municipality to be annexed thereto, as provided by § 9-4-1. However, a proposed municipality may be incorporated that is within three miles of an incorporated municipality if the; or

(2) The territory to be incorporated is has a post office and:

(a) Is in a different county and has a post office prior to incorporation than the incorporated municipality; or

(b) The incorporated municipality has a population of less than five thousand.