CHAPTER 9-2
CLASSES OF MUNICIPALITIES
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9-2-3 Repealed.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9-2-5 Repealed by SL 1974, ch 118, § 200.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.
9-2-1. Classes enumerated--Population groups.
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 hundred ninety-nine;
(3) Municipalities of the third class: municipal corporations with a population of fewer than five hundred.
Source: SL 1899, ch 61, § 1; RPolC 1903, § 1179; RC 1919, §§ 6164 to 6167; SDC 1939, § 45.0102; SL 1992, ch 60, § 1; SL 2024, ch 28, § 14.
9-2-2. Population determined by census--Estimate by election totals after change of municipal boundaries.
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 body by resolution may direct the finance officer to determine the population by filing a certificate showing the number of persons who voted at the last preceding annual municipal election. That number multiplied by three constitutes the population for the purpose of classification until the next federal census is completed.
Source: SL 1899, ch 61, § 2; RPolC 1903, § 1180; SL 1913, ch 121; RC 1919, § 6168; SDC 1939, § 45.0103; SL 2024, ch 28, § 15.
9-2-2.1. Change in municipality classification--Application to court--Notice.
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 having jurisdiction for a judgment authorizing the classification change. Upon the presentation of the application, the court must establish a time and place for hearing the application. Notice of the hearing must be given by publishing the order once a week for two successive weeks, the last publication to be not less than ten days prior to the day of the hearing. Not less than ten days prior to the date of the hearing, the notice of hearing must also be posted in three public places in the municipality.
Source: SL 2024, ch 28, § 16.
9-2-2.2. Change in municipality classification--Judgment--Filing.
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 is effective and shall determine the manner in which the change must be made.
A certified copy of the judgment shall be filed in the office of the secretary of state and the office of the register of deeds of the county where the municipality is located.
Source: SL 2024, ch 28, § 17.
9-2-3. Repealed.
Source: SDC 1939, § 45.0401; SL 1992, ch 60, § 2; SL 2000, ch 34, § 1; SL 2024, ch 28, § 37.
9-2-4. Form of government for existing municipalities continued.
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.
9-2-5, 9-2-6. Repealed by SL 1974, ch 118, § 200.
9-2-7. Determination of number of inhabitants in wards.
For the purpose of dividing a municipality into wards, the number of inhabitants is determined by subdivision 2-14-2(20). The governing body may, by resolution, authorize the finance officer to determine the number of inhabitants by filing a certificate showing the number of persons registered to vote in each ward of the municipality. That number multiplied by two constitutes the number of inhabitants until the next federal census is completed.
Source: SL 1977, ch 68, § 14; SL 1981, ch 44, § 16; SL 2024, ch 28, § 19.
