CHAPTER 9-1
DEFINITIONS AND GENERAL PROVISIONS
9-1-1 Definition of terms.
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.
9-1-8 Repealed by SL 1981, ch 43, § 13.
9-1-9 Repealed.
9-1-1. Definition of terms.
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" includes parcel or tract of land;
(4) "Municipal corporation" or "municipality," any city or town that is organized pursuant to this title;
(5) "Owner," the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or the heirs or successors to the grantee; and
(6) "Publish," publication in an official newspaper of the municipality as designated by the governing body pursuant to § 9-12-6.
Source: SL 1891, ch 87, § 1; RPolC 1903, § 1567; SL 1909, ch 110, § 19; RC 1919, §§ 6154, 6186, 6358, 6579; SDC 1939, § 45.0101; SL 1949, ch 178; SL 1961, ch 242; SL 1978, ch 60, § 9; SL 2024, ch 28, § 8.
9-1-1.1. Service to affected person equivalent to required publication.
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.
9-1-2. Municipalities governed by title.
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.
9-1-3. Judicial notice of organization.
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; SDC 1939, § 45.0108; SL 2024, ch 28, § 10.
9-1-4. Corporate seal--Corporate name.
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, §§ 1175, 1436; SL 1913, ch 119, § 6; RC 1919, § 6161; SDC 1939, § 45.0106; SL 2024, ch 28, § 11.
9-1-5. Governing body authorizes contracts--Execution--Delegation of authority.
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 the finance officer, and have the corporate seal attached. However, the governing body of a municipality may, by ordinance or resolution, delegate to any employee of the municipality the authority to enter into a contract on behalf of the municipality and to execute the contract and any other instrument necessary or convenient for the performance of the contract subject to the limitations delegated by the governing body.
Source: RPolC 1903, § 1332; SL 1909, ch 110, § 8; SL 1913, ch 119, § 67; RC 1919, § 6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, § 45.0107; SL 2006, ch 34, § 1; SL 2024, ch 28, § 12.
9-1-6. Citizen enforcement of this title.
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.
9-1-7. Existing rights unaffected--Remedies cumulative.
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, § 7; RPolC 1903, § 1176; SL 1913, ch 119, § 7; RC 1919, § 6160; SDC 1939, § 45.0110.
9-1-8. Repealed by SL 1981, ch 43, § 13.
