31-13-14. Motor vehicle license fees transferable to county.

Each organized township in the state has power to transfer upon resolution to the county in which it is situated for its highway purposes surplus funds acquired from the prorationing of the fees from the motor vehicle licenses as provided in §§ 32-11-4.1 to 32-11-7, inclusive.

Source: SDC 1939, § 58.0201 as added by SL 1966, ch 258; SL 2021, ch 125, § 2.

31-13-15. Road districts.

Each organized township may divide the roads or streets in the township into road districts which shall include not more than:

(1)    One-half mile of township road which provides access to a rural subdivision or unincorporated town;

(2)    Three miles of streets in an unincorporated town; or

(3)    Five miles of streets in a rural subdivision as defined in § 31-13-32.

Source: SDC 1939, § 58.0201 (10) as added by SL 1965, ch 297; SL 1973, ch 191, § 1; SL 2013, ch 132, § 2.

31-13-16. Petition for improvement of road district--Notice to property owners.

Whenever the owners of eighty percent of the property fronting upon any road in a road district established pursuant to § 31-13-15 shall by petition in writing filed with the township clerk request that the property in the road district be assessed for road improvement, the supervisors shall set a time for hearing the petition and notice shall be given to the abutting property owners whose property it is proposed to assess who shall not have joined in the petition, by either delivery to the property owners of a copy of the notice of hearing or by mailing a copy of notice of hearing to such abutting property owner at his last known post office address, or if such address cannot be determined, then by publishing such notice in a legal newspaper designated by the supervisors as most likely to give notice, which notice shall be given at least ten days prior to the hearing.

Source: SDC 1939, § 58-0201 (10) as added by SL 1965, ch 297.

31-13-17. Hearing on road district improvement--Assessments for improvement.

At the time and place of hearing pursuant to § 31-13-16, the board of supervisors shall consider the petition. If the supervisors determine it advisable, the supervisors may, by resolution, assess such properties in the road district for purposes of road improvement for an amount as the supervisors determine advisable. The assessment may not exceed the amount set forth in the petition and in no event may the assessment exceed two dollars a foot front in any one calendar year. The assessment shall be certified to the county and collected as a part of the real estate taxes against the property so assessed and may only be used by the township for the purpose of road improvement in the road district, or part thereof, in which assessed.

Source: SDC 1939, § 58.0201 (10) as added by SL 1965, ch 297; SL 1973, ch 191, § 2; SL 2013, ch 132, § 3.

31-13-18. Affidavit of township failure to maintain mail route--Service of affidavit and notice on township.

Whenever it shall appear by an affidavit filed by a patron of the mail route with the county auditor that a certain described secondary road in any township of the county is regularly used as part of a United States mail route, and is, in certain designated places, in urgent need of repairs to put such road in reasonably suitable condition for travel, or is, in certain designated places, likely to be made impassable by reason of the weeds along such highway not being cut, as provided by law, so as to prevent the forming of snowdrifts, or is in other respects not being suitably maintained as provided by law, and that the board of supervisors of the proper township has been notified of the condition complained of and has refused or neglected to attend thereto, it shall be the duty of the county auditor to cause copies of such affidavit to be served upon the clerk of the proper township and upon the chairman of the board of supervisors thereof, together with a notice that unless the repairs or maintenance referred to in the affidavit are attended to forthwith by such board and a certificate that the same has been done delivered to the county auditor, that such repairs or maintenance will be executed by the county at the expense of the township as in this chapter provided. Such copy and notice may be served by registered or certified mail.

Source: SL 1929, ch 154, § 1; SDC 1939, § 28.0407.

31-13-19. County maintenance and repair of mail route or failure by township.

If the fact of the execution of the repairs or maintenance referred to in § 31-13-18 be not certified to the county auditor within a reasonable time, or if the county auditor be satisfied that such repairs or maintenance have not been or will not be attended to by the township board within such time, he shall immediately refer the matter to the county highway superintendent who shall personally examine the road and investigate the facts stated in the affidavit and if he finds the statements in such affidavit to be true and that the condition complained of still exists, he shall cause the necessary repairs and maintenance to be made at once and may purchase material and employ day labor therefor, or may contract the work necessary to put such road in a reasonable state of repair and maintenance.

Source: SL 1929, ch 154, § 2; SDC 1939, § 28.0407; SL 1955, ch 100.

31-13-20. County repair and maintenance of mail routes--Payment from township moneys--Expense limitation.

Each expense incurred for repair and maintenance pursuant to § 31-13-19 must be paid, on the presentment of itemized and verified vouchers approved by the county highway superintendent, to the county auditor, by warrants drawn on the county treasurer payable out of township funds. The expense incurred by the county highway superintendent may not exceed two thousand and five hundred dollars for each mile of road during each year.

Source: SL 1929, ch 154, § 2; SDC 1939, § 28.0407; SL 1955, ch 100; SL 2024, ch 102, § 1.

31-13-21. Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment.

When a warrant as provided in § 31-13-20 is presented and there are insufficient funds in the county treasury to pay it, the county treasurer shall register the warrant and endorse the date of registration on the back thereof and shall pay it, with interest to be negotiated by the parties, out of the first money belonging to such township which thereafter comes into the treasury. Previously registered warrants, if any, shall be paid first in the order of their registration. Call for payment shall be made by mail addressed to the payee named in the warrant at the address left with the county treasurer, or to any assignee who may have left his address with the county treasurer.

Source: SL 1929, ch 154, § 3; SDC 1939, § 28.0407; SL 1983, ch 28, § 41.

31-13-22. Township snow removal reserve fund--Tax levy.

The board of township supervisors may establish a township snow removal reserve fund by the levy of a tax up to but not exceeding sixty cents per thousand dollars of taxable valuation within the township, and which levy hereby authorized shall be in addition to all other township tax levies.

Source: SL 1953, ch 480, § 1; SDC Supp 1960, § 58.0511; SL 1989, ch 87, § 15P.

31-13-23. Intent of snow removal reserve fund law.

The intent of §§ 31-13-22 to 31-13-28, inclusive, is for the accumulation and continuation of a sufficient fund for the use of the respective townships so as to permit and make possible in any year the efficient and immediate snow removal on township roads and for repairs thereon caused by melting snow.

Source: SL 1953, ch 480, § 5; SDC Supp 1960, § 58.0515.

31-13-24. Expenditures from snow removal reserve fund.

All money collected and received under the provisions of the tax levy authorized by § 31-13-22 shall be remitted at the times and in the manner required by the laws of this state relating to townships. All money allowed and paid from said fund shall first be authorized and approved by the board of township supervisors, and the township clerk shall keep a separate and detailed record of all expenditures showing exact amounts, dates, places, type, and nature of work performed.

Source: SL 1953, ch 480, § 4; SDC Supp 1960, § 58.0514.

31-13-25. Purposes of snow removal reserve fund.

The township snow removal reserve fund after the creation thereof shall be used as provided by §§ 31-13-26 to 31-13-28, inclusive, and for these purposes only.

Source: SL 1953, ch 480, § 2; SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1.

31-13-26. Contracts for snow removal and repair of damages.

After establishment of a township snow removal reserve fund, the board of township supervisors is hereby authorized to contract for the removal of snow on township roads, to purchase equipment for the removal of snow or repair the same, and to repair damages to township roads resulting from or caused by melting snow.

Source: SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1.

31-13-27. Snow removal contracts--Bidding.

If the projected total cost of a contract for winter road maintenance under § 31-13-26 is less than ten thousand dollars, the township supervisors are not required to advertise for bids for the contract.

If the township supervisors anticipate that snow removal or road repair costs during the winter season would exceed ten thousand dollars, the township shall advertise for bids. In case of road damage, the township may advertise for bids, or contract as specified in this section either at an hourly or day rate.

Source: SL 1955, ch 427; SDC Supp 1960, § 58.0512; SL 1969, ch 278, § 1; SL 1982, ch 223, § 1; SL 2024, ch 103, § 1.

31-13-27.1. Snow creating emergency--Expenditures for removal without advertising for bids.

In the event that in the judgment of the board of township supervisors a disaster exists resulting from snow and that the public peace and the health or safety of the people or their property is in jeopardy, the board of township supervisors may by resolution declare that an emergency exists, and any or all of the township snow removal fund may be expended for the purposes set forth herein without the necessity of advertising for bids.

Source: SDC Supp 1960, § 58.0512 as added by SL 1969, ch 278, § 2.

31-13-28. Accumulation of unexpended money as snow removal moneys.

Any unexpended balance remaining in the township snow removal reserve fund shall be allowed to accumulate as a reserve fund and available for future use as set forth under §§ 31-13-26 and 31-13-27. No part of the fund created in § 31-13-22 shall revert to the general funds of the township nor shall any of said fund be used for any other purposes.

Source: SL 1953, ch 480, § 3; SDC Supp 1960, § 58.0513.

31-13-29. Authority of township to open snowbound roads used for school bus routes.

When any highway within any township is regularly traveled by a bus or other motor vehicle used for free transportation of school children, the township board may, in its discretion, open snowbound roads and keep them passable for such vehicles. Such expense shall be paid from the general road fund.

Source: SL 1925, ch 192; SDC 1939, §§ 28.0409, 58.0506.

31-13-30. Street improvements in unincorporated towns.

Whenever any unincorporated town which is laid out into streets is included in the limits of an organized civil township, the township supervisors may cause improvements to be made in said streets.

Source: SL 1872-3, ch 51, § 49; PolC 1877, ch 23, § 33; SL 1883, ch 112, ch 1, § 61; CL 1887, § 773; RPolC 1903, § 1067; RC 1919, § 6088; SDC 1939, § 58.0505; SL 1973, ch 191, § 3.

31-13-31. Validation of construction and repair contracts between townships and residents or landowners.

All contracts or agreements of supervisors of organized civil townships, entered into between such supervisors and residents or landowners of such township, whereby such residents or landowners were to perform work, furnish equipment and material in the construction or repair of secondary highways of such township, and whereby such residents or landowners were to be compensated for work performed in the construction and repair of such highways and be reimbursed for funds advanced in the purchase of material or for the use of equipment, are hereby legalized and validated; the board of supervisors of such township is hereby authorized to pay such resident or landowner or cause them to be paid from township funds, for such services performed, compensation for the use of equipment and for materials furnished in the construction or repair of such road and the said board of supervisors is authorized to approve and issue warrants for such payment and to pay or cause such warrants to be paid from township funds. The allowance of such claims for said services performed, materials furnished or for use of equipment and the payment for the same shall be deemed valid and for a lawful purpose. Provided, that the provisions of this section shall apply only to contracts of this kind entered into prior to July 1, 1953, and provided further that where such contracts have been entered into before July 1, 1953, and funds have been expended pursuant to such contracts, such contracts and the funds expended thereunder are hereby legalized and validated.

Source: SL 1953, ch 492; SDC Supp 1960, § 65.0329.

31-13-32. Improvement of platted streets by special assessment--Definition of terms.

For the purposes of §§ 31-13-32 to 31-13-54, inclusive, subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development.

For the purposes of §§ 31-13-32 to 31-13-54, inclusive, street shall mean any road, road right-of-way, road area, or street dedicated to the public or for the public use located entirely within platted land or a subdivision, and abutted on both sides along its entire length by the platted land or subdivision.

Source: SL 1979, ch 197, § 1.

31-13-33. Supervisors' resolution of necessity for improvement--Contents.

Whenever the board of supervisors of any township deem it necessary to open, widen, extend, grade, gravel, surface with oil or other bituminous material, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in, curb, gutter, drain, or otherwise improve any streets within platted land or subdivision for which a special assessment is to be levied, it shall declare in a resolution the necessity of the improvement. The resolution shall state the streets to be improved, the general nature of the proposed improvement, the material to be used or materials from which a choice may be made, an estimate of the total cost per linear foot, a description of the classes of lots to be assessed, and the method of apportioning the benefits thereto as provided in §§ 31-13-42 to 31-13-46, inclusive.

Source: SL 1979, ch 197, § 2.

31-13-34. Combining of streets in one resolution--Uniformity required.

The improvement of more than one street may be embraced in one proposed resolution if the improvement is substantially uniform as to all streets embraced therein. Minor variations in the amount of earth work, drainage, or labor or other minor variations in the construction expense on different portions of the proposed improvement project shall not be considered as any departure from the uniformity required in this section.

Source: SL 1979, ch 197, § 3.

31-13-35. Combining of streets in one resolution when improvements not uniform.

If the improvements are not substantially uniform, then the improvement of two or more streets or portions of the same on which the improvements are not uniform may be included in one resolution, if the nature of the improvement or its estimated cost per linear foot on each portion of the project is specified in the resolution. Any two or more improvements of the types herein specified which have been commenced by separate resolutions of necessity may thereafter be combined for all purposes, as determined by the board of township supervisors.

Source: SL 1979, ch 197, § 4.

31-13-36. Township assumption of cost--Referendum.

If it is deemed expedient for the township to assume and pay any portion of the cost of the improvement, the resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution, subject to the right of referendum on such resolution, pursuant to the procedure set forth in § 31-3-14.

Source: SL 1979, ch 197, § 2; SL 2021, ch 43, § 21.

31-13-37. Publication of resolution--Notice of supervisors' meeting--Hearing of objections.

The resolution required by § 31-13-33 shall be published once in the official newspapers of the county, with an appended notice stating the place and time, at least two weeks after such publication, at which the board of supervisors will meet for the consideration of the adoption of the resolution. The notice shall state the time and place at which the board of supervisors will consider any objections to the proposed resolution by owners of property liable to be assessed for the improvement.

Source: SL 1979, ch 197, § 5.

31-13-38. Resolution not requiring publication.

If the improvement is petitioned for by the owners of more than fifty-five percent of the frontage of the property to be assessed therefor, it may be provided for by resolution without publication.

Source: SL 1979, ch 197, § 5.

31-13-39. Notice by mail to property owners--Contents--Address to which sent.

In addition to the published notice required by § 31-13-37, the board of supervisors, at least fifteen days prior to the hearing on the adoption of the resolution, shall cause personal notice to be sent by first class, registered, or certified mail to each person owning property liable to be assessed for the improvement. The notice shall include all information required of the published notice. If the property is occupied and has a street address, the written notice shall be sent to the owner in care of such address and, if not, to the last known address of the owner.

Source: SL 1979, ch 197, § 6.

31-13-40. Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment.

At the time of the meeting referred to in § 31-13-37 or at any adjournment thereof the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper. No amendment shall be made affecting property of any class not included in the original resolution until the owner thereof shall have been given the notice and opportunity to be heard provided by §§ 31-13-37 to 31-13-39, inclusive.

Source: SL 1979, ch 197, § 7.

31-13-41. Waiting period before actions on improvement--Ratification of prior actions.

After twenty days from the adoption and publication of the resolution referred to in § 31-13-40, unless the referendum be invoked, pursuant to § 31-3-14, or unless a written protest has been filed with the township clerk and signed by the owners of more than fifty-five percent of the frontage of property liable to assessment, the board of supervisors may cause the improvement to be made, may contract therefor, and may levy and collect special assessments therefor as provided in this chapter. Any proceedings taken prior to the adoption of the resolution shall be deemed ratified.

Source: SL 1979, ch 197, § 8; SL 2021, ch 43, § 22.

31-13-42. Apportionment of benefits of improvement.

In the circumstances mentioned in §§ 31-13-33 to 31-13-41, inclusive, the benefits shall be apportioned in the manner prescribed by § 31-13-43.

Source: SL 1979, ch 197, § 10.

31-13-43. Costs paid by township--Deduction before assessment to property.

If the board of supervisors by resolution so provides, any portion of the cost may be paid by the township out of its general funds appropriated for that purpose and the proper deduction shall be made of the cost to be so paid before the cost to be assessed is distributed to the several lots as required. The sum determined to be paid may be a fixed amount or fraction of the total cost of the improvement, or of a specified portion thereof on which the construction is substantially uniform. Such amount or fraction may be additional to any amounts assumed by the township in accordance with the provisions of §§ 31-13-47 to 31-13-49, inclusive, or the costs referred to in those sections may be paid therefrom, as determined by the resolution.

Source: SL 1979, ch 197, § 11.

31-13-44. Assessment of costs to abutting property--Computation on front foot basis.

The cost of the improvement, except the cost of street intersections, may be assessed to the property fronting or abutting on the improvement. The cost of each portion of the project on which the construction is by resolution substantially uniform shall be divided by the number of feet fronting or abutting on said portion of the project. The quotient shall be the rate of assessment per front foot throughout said portion of the project on which such uniformity exists.

Source: SL 1979, ch 197, § 12.

31-13-45. Assessment to nearby property of intersection costs.

The cost of each street intersection may be assessed to all lots according to area so as to include one-half of the property between the street improved and the next street, whether the property abuts the street. In no case may the property situated more than three hundred feet from the intersection be assessed.

Source: SL 1979, ch 197, § 13.

31-13-46. Assessment according to special benefits--Investigation of benefits.

In lieu of the method of apportionment prescribed in §§ 31-13-44 and 31-13-45, it may be provided in and by the resolution determining the necessity of any street improvement that the cost shall be assessed against all assessable lots and tracts of land fronting or abutting thereon or lying within one-half block or three hundred feet thereof, whichever is less, according to the benefits determined by the board of supervisors to accrue to each of such lots and tracts from the construction of the improvement. In that event the board of supervisors, in preparing, considering, and hearing objections to the assessment, shall make such investigation as may be necessary and shall find and determine the amount in which each such lot and tract will be especially benefited by the construction of the improvement. The board of supervisors shall assess against each such lot and tract an amount, not exceeding the benefit, as shall be necessary to pay its just portion of the total cost of the work to be assessed.

Source: SL 1979, ch 197, § 14.

31-13-47. Intersection cost assumed by township.

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of the improvements in street intersections.

Source: SL 1979, ch 197, § 15.

31-13-48. Corner lot costs assumed by township or assessed to other property.

In the resolution of necessity it may be provided that the township will pay any definite, specified portion or all of the cost of street improvements fronting or abutting on the long side of a corner lot, or it may be provided by a resolution that such portion of the cost may be spread as an area tax on the blocks fronting and abutting on said pavement so as to include one-half of the property between the street improved and the next street whether the property abuts the street. In no case may the property situated more than three hundred feet from the improvement be assessed.

Source: SL 1979, ch 197, § 16.

31-13-49. Cost assumed by township when street has been previously improved.

In the resolution of necessity it may be provided that the township will pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street in which pavement has previously been placed or which has been previously constructed within the township.

Source: SL 1979, ch 197, § 17.

31-13-50. Use of special assessment law.

Notwithstanding the provisions of chapter 8-11, the board of supervisors of a township may use, as a method for the financing or repayment for the improvement, the provisions of chapter 9-43.

Source: SL 1979, ch 197, § 19; SL 1981, ch 225.

31-13-51. Annual front foot assessment for maintenance and repairs.

The township board of supervisors or, in the case of any township which is no longer organized, the board of county commissioners, prior to the assessment of real property within the township, or unorganized township, for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfaces, whether of a permanent type or not, a special front foot assessment not to exceed two dollars per front foot upon the real property fronting and abutting the roadway. Such assessment shall be apportioned on a front foot basis and shall be levied pursuant to § 31-13-52. If the board of county commissioners is levying a special assessment on real property pursuant to this section, the board of county commissioners shall perform the duties, as applicable, that are required of the township board of supervisors pursuant to §§ 31-13-32 to 31-13-54, inclusive.

Source: SL 1979, ch 197, § 20; SL 1984, ch 212; SL 1999, ch 152, § 1; SL 2004, ch 194, § 1; SL 2013, ch 132, § 1.

31-13-52. Levy of special assessments--Addition to general levy--Review and equalization.

The township board of supervisors prior to the assessment of real property may, by resolution, designate the real property, the lot, or the portion of lots or real property against which the assessment is to be levied, the amount of the assessment against the real property, lot, or portions thereof for such purposes, and direct the county auditor to add such assessment to the general assessment against the property to be collected as township taxes for general purposes. The assessment shall be subject to review and equalization the same as assessments or taxes for general purposes. For the purposes of this section, front foot, shall mean the actual front of the premises as established by the buildings thereon, record title and use of the property regardless of the original plat thereof.

Source: SL 1979, ch 197, § 21.

31-13-53. Records maintained by township clerk--Destruction of certain records.

The township clerk shall keep on file a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the improvement. But, the clerk may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1979, ch 197, § 18; SL 1993, ch 69, § 5.

31-13-54. Contracts and assessments not invalidated by defects--Supervisors' determination conclusive.

No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution or notice or in the publication thereof. The determination of the board of supervisors as to the sufficiency or insufficiency of protests thereto shall be conclusive unless such determination is unreasonably and arbitrarily or fraudulently made.

Source: SL 1979, ch 197, § 9.

31-13-55. Indemnity requirement for construction or survey work within road right-of-way.

An organized township may require any person performing construction or survey work within any township road right-of-way which may damage such right-of-way to furnish an indemnity bond in a reasonable amount as determined by the township board to indemnify the township for any damage done beyond normal wear. However, if a registered professional engineer or a registered land surveyor is surveying land, as defined in § 36-18A-4, for an individual landowner of the township, the provisions of this section do not apply.

Source: SL 1984, ch 213, § 1; SL 1987, ch 29, § 12.

31-13-56. Removal of baled or stacked foliage from right-of-way--Violation as petty offense.

If the right-of-way of a township road has been mowed and the cut foliage has been baled or stacked in the right-of-way, the person owning the baled or stacked foliage shall remove the bales or stacks from the right-of-way by the first day of November. A violation of this section is a petty offense.

Source: SL 1985, ch 235.

31-13-57. Private landowner assessed for erosion repair costs.

If any landowner fails to prevent damage to a township road caused by severe and persistent wind or water erosion on the landowner's property, the township may repair the damage and assess the cost of the repairs against the landowner. If the landowner fails to pay the cost of the repairs before the first day of November in the year in which the repairs are performed, the cost shall be assessed against the landowner's property.

Source: SL 1991, ch 233, § 3.

31-13-58. Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.

No operations to repair erosion damage pursuant to § 31-13-57 may be undertaken by the township unless the conservation district in which the land is located has by resolution approved such action and until a notice that the erosion on the lands constitutes a nuisance has been given to the owner by the township. Notice shall be given by personal service upon the owner or by personal service upon the person in actual possession of the premises, with a copy of the declaration filed in the office of the county auditor. The declaration shall state that unless the owner corrects the damage within thirty days of the declaration, repairs shall be undertaken by the township, and the cost shall be assessed against the landowner's property if not paid before the first of November. The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county auditor, and a copy sent by registered mail to the landowner at the address shown on the records of the county auditor and to the operator.

Source: SL 1991, ch 233, § 4; SL 1992, ch 203, § 2.