CHAPTER 7-2
CONSOLIDATION AND CHANGE OF COUNTY BOUNDARIES
7-2-1 Petition for consolidation or boundary change--Filing--Verification--Study committee.
7-2-1.1 Study committee by resolution.
7-2-1.2 Study committee--Membership--Authority--Expenditures limited--Member reimbursement.
7-2-1.3 Study committee final report--Contents.
7-2-1.4 Submission of consolidation plan to vote.
7-2-2 Notice and ballots for election on consolidation or change--General law governing.
7-2-3 Majority approval of consolidation or boundary change.
7-2-4 Certification of canvass of election returns--Governor's proclamation and notice.
7-2-5 Effective date of consolidation or boundary change.
7-2-6 7-2-6. Repealed by SL 1985, ch 15, § 3.
7-2-7 Name of consolidated county.
7-2-8 Commissioner election in consolidated county--First election after consolidation.
7-2-9 Continuation of officer terms after consolidation.
7-2-10 First election of county officers after consolidation.
7-2-11 Legislative representation of consolidated county.
7-2-12 Property of consolidated counties.
7-2-12.1 Debt of newly consolidated county.
7-2-13 Revision of commissioner districts after change of county boundaries.
7-2-14 Transcription of records after change of county boundaries.
7-2-15 Tax levies, assessments, and retirement of indebtedness after change of boundaries.
7-2-16 Municipal election on adjustment of county boundaries to include all of municipality.
7-2-17 Certification of municipal election results to county auditors--Submission to voters of counties.
7-2-18 Questions submitted to county voters on boundary adjustment to include or exclude municipality.
7-2-1. Petition for consolidation or boundary change--Filing--Verification--Study committee.
A petition signed by fifteen percent of the registered voters of each of two or more adjoining counties of this state, based upon the total number of registered voters at the last preceding general election, requesting the formation of a committee to study the question of changing the boundary lines or of the consolidation of the petitioners' counties, pursuant to this chapter, must be filed with the county auditor of each affected county and presented to the board of county commissioners of their respective counties at the regular July meeting.
Each county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are from registered voters of the county. A signature on a petition is invalid if signed more than six months before the date the petition is filed. If the auditor verifies that the petition meets the requirements of this section, the boards of county commissioners must appoint a study committee.
The petition must be filed with the county auditors of the counties prior to the first day of the regular July meeting of the board of county commissioners and must state the names of the counties to be consolidated or describe the boundary lines to be changed.
The auditor of each county where a petition is filed shall transmit a certified copy of the petition filed in that county to the auditor of each of any other affected county.
Source: SL 1893, ch 45, §§ 1, 2; RPolC 1903, §§ 775, 776; RC 1919, §§ 5755, 5756; SDC 1939, § 12.0301; SL 1987, ch 67, § 1; SL 2024, ch 26, § 1.
7-2-1.1. Study committee by resolution.
The board of county commissioners in each of two or more adjoining counties may, on the boards' own initiative, create a committee to study changing the boundary lines or the consolidation of two or more counties by a resolution passed by a majority vote of each of the participating boards of county commissioners.
Source: SL 2024, ch 26, § 2.
7-2-1.2. Study committee--Membership--Authority--Expenditures limited--Member reimbursement.
The composition of the study committee organized under § 7-2-1 or 7-2-1.1 must be prescribed in the petition or resolution, but the study committee must include two members of the board of county commissioners from each affected county and at least one resident from each incorporated first or second class municipality in each of the participating counties. If a vacancy on the study committee occurs, the board of county commissioners of the county represented by the person vacating the position must fill the vacancy. The study committee shall elect a chairman and a secretary from among the study committee's voting members. A majority of the study committee constitutes a quorum and a majority of a quorum may act on all matters that pertain to the study committee.
The study committee may employ and fix the compensation and duties of necessary staff; contract and cooperate with other individuals and public or private agencies considered necessary for assistance; and hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the study committee's purpose, progress, conclusions, and recommendations.
The study committee may not expend more than an amount equal to two-fifths of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on January first of each year, without the consent of the boards of county commissioners of each of the affected counties.
The county shall reimburse each member for any necessary expenses incurred by that member in performing the duties of a member of the study committee but members may not receive a salary or other compensation for services performed.
Source: SL 2024, ch 26, § 3.
7-2-1.3. Study committee final report--Contents.
The study committee must submit a final report to the board of county commissioners of each affected county within one hundred and eighty days after the study committee is created. The study committee shall consider and include in the report:
(1) The fiscal impact of the proposed boundary change or county consolidation and the economic viability of the proposed county or the counties after the proposed boundary change;
(2) The comparative costs of providing services in the affected counties and the proposed consolidated county or the counties after the proposed boundary change;
(3) The projected revenues available to the affected counties and the proposed county or the counties after the proposed boundary change;
(4) The final boundaries of the proposed county or the proposed boundary change, including a map of those boundaries;
(5) The location of the county seat for the new county;
(6) The name of the new county;
(7) The procedure for the orderly and timely transfer of service functions and responsibilities after the consolidation or boundary change;
(8) The plan and procedure for equalizing the assets of the affected counties, and the procedure for negotiating and resolving any subsequent disagreement regarding the equalization of assets;
(9) The plan and procedure for repaying the debts of the current counties;
(10) The estimated taxes, assessments, or other authorized charges necessary to meet the liabilities in the first full fiscal year after the consolidation or boundary change;
(11) The structure or form of county government for the proposed county, and the selection, powers, duties, functions, qualifications and training, terms, and compensation of officers; and
(12) The application of the plan, if any, to each school district or other special taxing district withing the affected counties.
The report must be made available to any interested person.
Source: SL 2024, ch 26, § 4.
7-2-1.4. Submission of consolidation plan to vote.
When the report and the map have been received by the board of county commissioners for each of the affected counties, each board must, at their regular July meeting following the presentation of the report, provide that the study committee's county consolidation plan be submitted to a vote at the next general election following the presentation of the report.
Source: SL 2024, ch 26, § 5.
7-2-2. Notice and ballots for election on consolidation or change--General law governing.
The auditor of each of the affected counties shall give thirty days' notice of the election by publishing the notice once each week for at least two consecutive weeks prior to the election in the official newspapers of the county. The notice must provide the election date, the hours when the polls are opened, and the question to be voted upon. The county auditor shall prepare official ballots according to the provisions of this chapter and this code relating to elections and the submission of questions to the voters. The laws governing the holding of general elections in this state govern the holding of such election so far as applicable.
Source: SL 1893, ch 45, §§ 3, 8; RPolC 1903, §§ 777, 782; RC 1919, §§ 5757, 5761; SDC 1939, §§ 12.0302, 12.0305; SL 2024, ch 26, § 6.
7-2-3. Majority approval of consolidation or boundary change.
If at any election held under the provisions of this chapter, a majority of all the votes cast at the election in each of the affected counties are in favor of consolidation of two or more counties or the changing of the boundary lines of named counties, they must be declared consolidated or changed as per the ballot question and this chapter.
Source: SL 1893, ch 45, §§ 5, 6; RPolC 1903, §§ 779, 780; RC 1919, §§ 5758, 5759; SDC 1939, § 12.0303; SL 2024, ch 26, § 7.
7-2-4. Certification of canvass of election returns--Governor's proclamation and notice.
Within thirty days after the canvassing of the returns of the election, the county auditor of each of the affected counties shall transmit a certified report of the canvass to the Governor who shall, within twenty days after receiving the report of the canvass, proclaim the result of the election and officially notify the county auditor of the respective counties of the proclamation.
Source: SL 1893, ch 45, § 9; RPolC 1903, § 783; RC 1919, § 5762; SDC 1939, § 12.0306; SL 2024, ch 26, § 8.
7-2-5. Effective date of consolidation or boundary change.
The consolidation or change of boundaries takes effect on the first day of January following the general election of the county officers for the consolidated county pursuant to § 7-2-10, or as otherwise set forth in the study committee's county consolidation plan.
Source: SL 1893, ch 45, § 10; RPolC 1903, § 784; RC 1919, § 5763; SDC 1939, § 12.0307; SL 2024, ch 26, § 9.
7-2-7. Name of consolidated county.
The name of a new county formed pursuant to this chapter must be the name set forth in the study committee's county consolidation plan.
Source: SL 1893, ch 45, § 7; RPolC 1903, § 781; RC 1919, § 5760; SDC 1939, § 12.0304; SL 2024, ch 26, § 10.
7-2-8. Commissioner election in consolidated county--First election after consolidation.
The board of county commissioners of each of the counties comprising the newly consolidated county shall, after the proclamation of consolidation by the Governor, meet in joint session at the county seat of the county that had the largest population before consolidation on the first Monday in July following the proclamation. The commissioners shall divide the new county into three to seven commissioner districts, numbering them consecutively, complying as nearly as possible with the provisions of the law regulating the districting of counties into commissioner districts, or provide that the commissioners are elected at large, if so designated in the study committee's county consolidation plan. The commissioners shall set the length of the initial term for each of the new commissioner districts to be either two or four years, so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled. The commissioner districts established pursuant to this section must remain the same unless changed pursuant to § 7-8-3 or 7-8-10.
Source: SL 1893, ch 45, §§ 14, 15; RPolC 1903, §§ 788, 789; SL 1915, ch 134; RC 1919, §§ 5767, 5768, 5786; SDC 1939, §§ 12.0310, 12.0311; SL 2024, ch 26, § 11.
7-2-9. Continuation of officer terms after consolidation.
The county officers in each of the counties that have been consolidated shall continue to act in their respective counties until the officers of the new county are elected and qualified.
Source: SL 1893, ch 45, § 16; RPolC 1903, § 790; RC 1919, § 5769; SDC 1939, § 12.0311; SL 2024, ch 26, § 12.
7-2-10. First election of county officers after consolidation.
At the next general election after the proclamation by the Governor, the voters of the consolidated county shall elect one set of county officers for the new county.
Source: SL 1893, ch 45, § 13; RPolC 1903, § 787; RC 1919, § 5766; SDC 1939, § 12.0309; SL 2024, ch 26, § 13.
7-2-11. Legislative representation of consolidated county.
The new county is entitled to the same number of members in the Legislature that the counties had in the aggregate before consolidation, and such number must be elected at each general election until a new apportionment.
Source: SL 1893, ch 45, § 13; RPolC 1903, § 787; RC 1919, § 5766; SDC 1939, § 12.0309; SL 2024, ch 26, § 14.
7-2-12. Property of consolidated counties.
After consolidation, the property of each of the consolidated counties is the property of the new county.
Source: SL 1893, ch 45, §§ 11, 12; RPolC 1903, §§ 785, 786; RC 1919, §§ 5764, 5765; SDC 1939, § 12.0308; SL 1943, ch 24, § 2; SL 2024, ch 26, § 15.
7-2-12.1. Debt of newly consolidated county.
Any debt contracted by the former counties that comprise the new county may only be paid from taxes levied on property that was part of the territory of the former county as it was when it contracted the debt. The board of county commissioners of the new county may, by ordinance or resolution, assume the debt of each of the former counties as the debt of the new county and pay for the debt from taxes levied on the property of the whole county.
Source: SL 2024, ch 26, § 16.
7-2-13. Revision of commissioner districts after change of county boundaries.
If the area of any county in this state has been altered by the changing of the boundaries and the county's commissioners do not run at large, the board of county commissioners, at the first regular meeting thereafter, shall establish commissioner districts in the county. The board shall fix boundaries of each district in the manner provided by law for establishing commissioner districts and changing the boundaries of each district insofar as the same is applicable. The commissioner districts established and the boundaries fixed shall remain as established and fixed until changed as provided by law.
Source: SL 1915, ch 134; RC 1919, § 5786; SDC 1939, § 12.0310; SL 2016, ch 44, § 1.
7-2-14. Transcription of records after change of county boundaries.
Whenever the boundaries of a county have been changed, it shall be the duty of the board of county commissioners at once to secure a full, true, and complete transcript of such records of the original county as may relate to or in any manner affect the property rights or interest within the territory included by the changing of the boundaries of said county and theretofore not a part of the records of the original county, such transcript to be obtained and secured in the same manner and to have the same force and effect as transcripts obtained and secured on the division of counties.
Source: SDC 1939, § 12.0312.
7-2-15. Tax levies, assessments, and retirement of indebtedness after change of boundaries.
Where the boundaries of two or more counties have been changed, pursuant to the provisions of this chapter, and the county or counties from which area has been detached has indebtedness charged against such detached area, all levies of taxes, and special assessments, theretofore made against such lands so detached, for the purpose of retiring such indebtedness, shall be continued and collected by the county to which such area is attached, and paid over to the county from which such area is detached until such indebtedness is fully retired.
Source: SDC 1939, § 12.0308 as added by SL 1943, ch 24, § 2.
7-2-16. Municipal election on adjustment of county boundaries to include all of municipality.
In any case where a municipality in this state is so situated that its boundaries extend into, and its area is a part of two or more adjoining counties of the state, the governing body of such municipality shall, upon petition signed by fifteen percent of the voters of such municipality, submit at a special or regular municipal, or general election held therein, the question of whether or not it is desirable that the boundaries of the counties affected should be changed so as to include all of the area of such municipality within the boundaries of one of such counties.
The voters at such election shall also indicate their choice of which county such municipality should be a part.
Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1; SL 1992, ch 60, § 2.
7-2-17. Certification of municipal election results to county auditors--Submission to voters of counties.
If a majority of the voters of such municipality are in favor of the change, the auditor or clerk of such municipality, shall certify the result of such election to the county auditor of each county affected, and thereupon the county commissioners of each of such counties shall, at their regular July meeting succeeding the presentation of such certificate, provide that the question of change of the boundary lines of such counties shall be submitted to a vote at the next general election, as provided in § 7-2-1. The filing of the certificate of the auditor or clerk of the municipality herein provided for, shall be in lieu of the petition required by § 7-2-1.
Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1; SL 1992, ch 60, § 2.
7-2-18. Questions submitted to county voters on boundary adjustment to include or exclude municipality.
The question to be submitted at the general election in each county affected, shall be substantially in the following form:
Shall the boundaries of ________ county be changed to exclude "or include, as the case may be," that part of ________ county lying within the corporate limits of the city "or town" of South Dakota?
All other applicable provisions of this chapter shall govern.
Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1.
