Chapter
01. County Names And Boundaries
02. Consolidation And Change Of County Boundaries
03. Division Of Counties
04. Organization Of Counties [Repealed]
05. Dissolution Of County Organization
06. County Seats
07. County Officers In General
08. County Commissioners
08A. Optional Form Of County Government
09. Register Of Deeds
09A. Uniform Real Property Electronic Recording Act
10. County Auditor
11. County Treasurer
12. Sheriff
13. County Constables
14. Coroner
15. County Surveyor [Repealed]
16. State's Attorney
16A. Public Defender
16B. County Legal Expense Relief Program
17. Government Of Unorganized Counties [Repealed]
18. Corporate Powers And Obligations Of Counties
18A. Ordinances And Resolutions
19. Prosecution Of Claims By County
20. Deposit Of County Funds
21. County Budget And Appropriations
22. County Warrants And Disbursements
23. Accounting For County Funds
24. County Bonds
25. County Buildings And Improvements
25A. Improvement Districts
26. Monuments, Museums And Historic Sites
27. County Fairs And Exhibitions
28. County Purchases And Supplies [Repealed]
29. Sale And Exchange Of County Real Estate In General
30. Lease Of County Real Estate Held For Public Purposes
31. Management Of Tax Deed And School Fund Mortgage Lands
32. Disposition Of Surplus County Property [Repealed]
33. Solid Wastes Management Systems
7-1-1
Names and boundaries unchanged--Prima facie boundary descriptions.
7-1-2
Aurora County boundaries.
7-1-3
Beadle County boundaries.
7-1-4
Bennett County boundaries.
7-1-5
Bon Homme County boundaries.
7-1-6
Brookings County boundaries.
7-1-7
Brown County boundaries.
7-1-8
Brule County boundaries.
7-1-9
Buffalo County boundaries.
7-1-10
Butte County boundaries.
7-1-11
Campbell County boundaries.
7-1-12
Charles Mix County boundaries.
7-1-13
Clark County boundaries.
7-1-14
Clay County boundaries.
7-1-15
Codington County boundaries.
7-1-16
Corson County boundaries.
7-1-17
Custer County boundaries.
7-1-18
Davison County boundaries.
7-1-19
Day County boundaries.
7-1-20
Deuel County boundaries.
7-1-21
Dewey County boundaries.
7-1-22
Douglas County boundaries.
7-1-23
Edmunds County boundaries.
7-1-24
Fall River County boundaries.
7-1-25
Faulk County boundaries.
7-1-26
Grant County boundaries.
7-1-27
Gregory County boundaries.
7-1-28
Haakon County boundaries.
7-1-29
Hamlin County boundaries.
7-1-30
Hand County boundaries.
7-1-31
Hanson County boundaries.
7-1-32
Harding County boundaries.
7-1-33
Hughes County boundaries.
7-1-34
Hutchinson County boundaries.
7-1-35
Hyde County boundaries.
7-1-36
Jackson County boundaries.
7-1-37
Jerauld County boundaries.
7-1-38
Jones County boundaries.
7-1-39
Kingsbury County boundaries.
7-1-40
Lake County boundaries.
7-1-41
Lawrence County boundaries.
7-1-42
Lincoln County boundaries.
7-1-43
Lyman County boundaries.
7-1-44
McCook County boundaries.
7-1-45
McPherson County boundaries.
7-1-46
Marshall County boundaries.
7-1-47
Meade County boundaries.
7-1-1. Names and boundaries unchanged--Prima facie boundary descriptions.
The names and boundaries of the several counties of this state shall be and remain as now fixed and determined, until changed in the manner provided by law. The following sections shall be deemed to show the boundaries of such counties correctly until the contrary is definitely established.
Source: RPolC 1903, § 749; RC 1919, § 5729; SDC 1939, § 12.0101.
7-1-2. Aurora County boundaries.
Beginning at the northeast corner of township one hundred five north of range sixty-three, west of the fifth principal meridian; thence west and along the township line between townships one hundred five and one hundred six, to the northwest corner of township one hundred five north of range sixty-six west; thence south along the range line between ranges sixty-six and sixty-seven to the southwest corner of township one hundred one north of range sixty-six west; thence east and along the base line to the southwest corner of township one hundred one north of range sixty-three west; thence north and along the range line between ranges sixty-two and sixty-three west, to the place of beginning.
Source: SL 1879, ch 12, § 10; SL 1881, ch 42, § 1; SL 1883, ch 23, § 1; SDC 1939, § 12.0103.
7-1-3. Beadle County boundaries.
Beginning at the southeast corner of township one hundred nine north of range fifty-nine, west of the fifth principal meridian; thence north and along the range line between ranges fifty-eight and fifty-nine west, to the northeast corner of township one hundred thirteen north of range fifty-nine west; thence west and along the township line between townships one hundred thirteen and one hundred fourteen to the northwest corner of township one hundred thirteen north of range sixty-five west; thence south and along the range line between ranges sixty-five and sixty-six west to the second standard parallel north; thence along said second standard parallel to the place of beginning.
Source: SL 1879, ch 12, § 12; SDC 1939, § 12.0104.
7-1-4. Bennett County boundaries.
Beginning on the boundary line between the states of South Dakota and Nebraska where the east boundary line of the Pine Ridge Indian Reservation intersects the same, thence north and along the east boundary line of the Pine Ridge Indian Reservation to the township line separating townships thirty-nine and forty, east Black Hills meridian; thence west and along said township line to the fifth guide meridian west of the sixth principal meridian; thence south and along said fifth guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.
Source: SL 1909, ch 280; SL 1911, ch 108, § 3; SDC 1939, § 12.0105.
7-1-5. Bon Homme County boundaries.
Beginning at the northeast corner of township ninety-six north of range fifty-eight, west of the fifth principal meridian, thence west and along the township line between townships ninety-six and ninety-seven north, to the intersection of said township line with the eastern boundary of the former Yankton-Sioux Indian Reservation, thence south and along the eastern boundary line of said former reservation and the center of the main channel of Choteau Creek to the boundary of line between the states of South Dakota and Nebraska; thence easterly and along the said state line to the range line between ranges fifty-seven and fifty-eight west, as extended; thence north and along said range line to the place of beginning.
Source: SL 1862, ch 12, § 1; SL 1870-1, ch 10, § 4; SDC 1939, § 12.0106.
7-1-6. Brookings County boundaries.
Beginning on the boundary line between the states of South Dakota and Minnesota where the township line between townships one hundred twelve and one hundred thirteen north intersects the same, thence west and along said township line to the northwest corner of township one hundred twelve north of range fifty-two, west of the fifth principal meridian; thence south and along the range line between ranges fifty-two and fifty-three west, to the southwest corner of township one hundred nine north of range fifty-two west; thence east and along the second standard parallel north to the boundary line between the states of Minnesota and South Dakota; thence north and along said state line to the place of beginning.
Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 4; SDC 1939, § 12.0107.
7-1-7. Brown County boundaries.
Beginning on the boundary line between the states of South Dakota and North Dakota where the eighth guide meridian west, intersects the same, thence west and along said state line to the northwest corner of township one hundred twenty-eight north of range sixty-five, west of the fifth principal meridian; thence south along the range line between ranges sixty-five and sixty-six west, to the fifth standard parallel north; thence east and along said fifth standard parallel to said eighth guide meridian; thence north along said eighth guide meridian to the place of beginning.
Source: SL 1879, ch 12, § 15; SDC 1939, § 12.0108.
7-1-8. Brule County boundaries.
Beginning at the northeast corner of township one hundred five north of range sixty-seven, west of the fifth principal meridian, thence west and along the township line between townships one hundred five and one hundred six north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of said Missouri River to the base line between townships one hundred and one hundred one north; thence east and along said base line to the southeast corner of township one hundred one north of range sixty-seven west; thence north and along the range line between ranges sixty-six and sixty-seven west, to the place of beginning; and also that tract or parcel of land lying and being in the Missouri River and known as American Island.
Source: SL 1874-5, ch 31; SL 1883, ch 14, § 1; SL 1891, ch 45, § 1; SDC 1939, § 12.0109.
7-1-9. Buffalo County boundaries.
Beginning at the northeast corner of township one hundred eight north of range sixty-eight, west of the fifth principal meridian, thence west and along the second standard parallel north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of said Missouri River to the township line between townships one hundred five and one hundred six north; thence east and along said township line to the southeast corner of township one hundred six north of range sixty-eight west; thence north and along the range line between ranges sixty-seven and sixty-eight west, to the place of beginning.
Source: SL 1863-4, ch 12; SL 1870-1, ch 10; SL 1872-3, ch 17, § 1; SL 1883, ch 14, § 1; SL 1883, ch 23, § 1; SDC 1939, § 12.0110.
7-1-10. Butte County boundaries.
Beginning at a point where the center of the main channel of Redwater Creek crosses the boundary line between the states of Wyoming and South Dakota, thence easterly and along the center of the main channel of said Redwater Creek to the intersection of the township line between townships seven and eight north Black Hills base line; thence east and along said township line to the southeast corner of township eight north of range nine, east Black Hills meridian; thence north and along the range line between ranges nine and ten east, to the northeast corner of township fourteen north of range nine east; thence west and along the township line between townships fourteen and fifteen north, to its intersection with the boundary line between the states of South Dakota and Wyoming; thence south along said state line to the place of beginning.
Source: SL 1883, ch 15; SL 1887, ch 179; SL 1889, ch 47; SL 1893, ch 47; SL 1897, ch 43, § 3; election of November, 1908, for division; SDC 1939, § 12.0111.
7-1-11. Campbell County boundaries.
Beginning on the boundary line between the states of South Dakota and North Dakota where the tenth guide meridian west of the fifth principal meridian intersects the same, thence west and along said state line to the center of the main channel of the Missouri River; thence southerly and along the center of the main channel of said river to the sixth standard parallel north; thence east and along said sixth standard parallel to its intersection with the said tenth guide meridian; thence north and along said tenth guide meridian to the place of beginning.
Source: SL 1872-3, ch 16, § 36; SL 1879, ch 11; SDC 1939, § 12.0112.
7-1-12. Charles Mix County boundaries.
Beginning at a point where the base line between townships one hundred and one hundred one north intersects the center of the main channel of the Missouri River, thence southeasterly and along the center of the main channel of said river to its intersection with the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said state line to the center of the main channel of Choteau Creek; thence northerly and along the center of the main channel of said Choteau Creek to the northeast corner of the former Yankton-Sioux Indian Reservation; thence northwesterly and along the northern boundary of said former Indian reservation to the northwest corner thereof; thence northerly and along the range line between ranges sixty-six and sixty-seven west of the fifth principal meridian to the base line between townships one hundred and one hundred one north; thence west and along said base line to the place of beginning.
Source: SL 1862, ch 18; SL 1863-4, ch 12; SL 1870-1, ch 10; SL 1872-3, ch 17, § 2; SL 1874-5, ch 31, § 1; SDC 1939, § 12.0113.
7-1-13. Clark County boundaries.
Beginning at the northeast corner of township one hundred nineteen north of range fifty-six, west of the fifth principal meridian, thence west and along the township line between townships one hundred nineteen and one hundred twenty to the eighth guide meridian west; thence south and along said eighth guide meridian to the southwest corner of township one hundred fourteen north of range fifty-nine west; thence east and along the township line between townships one hundred thirteen and one hundred fourteen to the southwest corner of township one hundred fourteen north of range fifty-eight west; thence south and along the range line between ranges fifty-eight and fifty-nine west, to the southwest corner of township one hundred thirteen north of range fifty-eight; thence east and along the third standard parallel north to the southeast corner of township one hundred thirteen north of range fifty-six west; thence north and along the eastern boundary line of said township fifty-six, to the place of beginning.
Source: SL 1872-3, ch 16, § 16; PolC 1877, ch 42; SL 1879, ch 12; SL 1885 (SS), ch 12; SDC 1939, § 12.0114.
7-1-14. Clay County boundaries.
Beginning at the northeast corner of township ninety-five north of range fifty-one west of the fifth principal meridian, thence west and along the township line between townships ninety-five and ninety-six north to the northwest corner of township ninety-five north of range fifty-three west; thence south and along the range line between ranges fifty-three and fifty-four west, as extended, to the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said state line to the range line between ranges fifty and fifty-one west, as extended; thence north and along said range line to the place of beginning.
Source: SL 1862, ch 13, § 1; SL 1862-3, ch 39; SL 1870-1, ch 10, § 2; SL 1895, ch 113; SL 1899, ch 62; SL 1901, ch 85; SL 1901, ch 86; SDC 1939, § 12.0115.
7-1-15. Codington County boundaries.
Beginning at the northeast corner of township one hundred nineteen north of range fifty-one, west of the fifth principal meridian, thence west along the township line between townships one hundred nineteen and one hundred twenty north, across the former Sisseton and Wahpeton Indian Reservation in the same course, and continuing in the same course to the northwest corner of township one hundred nineteen north of range fifty-five; thence south and along the range line between ranges fifty-five and fifty-six west, to the southwest corner of township one hundred sixteen north of range fifty-five west; thence east and along the township line between townships one hundred fifteen and one hundred sixteen north, to the southeast corner of township one hundred sixteen north of range fifty-one west; thence north and along the range line between ranges fifty and fifty-one west, to the place of beginning.
Source: PolC 1877, ch 42, § 2; SL 1883, ch 30, § 2; SDC 1939, § 12.0116.
7-1-16. Corson County boundaries.
Beginning in the center of the main channel of the Missouri River where the boundary line separating the states of South Dakota and North Dakota crosses the same, thence west and along said state line to the one hundred second meridian west longitude; thence south and along said meridian to the township line between townships seventeen and eighteen, Black Hills base line; thence east and along said township line to the center of the main channel of the Missouri River; thence northerly and along the center of the main channel of said Missouri River, including all the islands in said river, to the place of beginning.
Source: SL 1909, ch 133, § 1; SDC 1939, § 12.0117.
7-1-17. Custer County boundaries.
Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles south of its intersection with the forty-fourth parallel of north latitude, thence due east and on a direct line to the center of the main channel of the south fork of the Cheyenne River; thence southwesterly and up the center of the main channel of said south fork of said river to the one hundred third meridian of west longitude; thence south and along said meridian of longitude to the township line between townships six and seven, south of the Black Hills base line; thence west and along said township line to the boundary line between the states of South Dakota and Wyoming; thence north and along said boundary line to the place of beginning.
Source: SL 1874-5, ch 29; PolC 1877, ch 42, § 1; SL 1881, ch 39; SL 1883, ch 18, § 1; SDC 1939, § 12.0118.
7-1-18. Davison County boundaries.
Beginning at the northeast corner of township one hundred four north of range sixty west of the fifth principal meridian, thence west and along the township line between townships one hundred four and one hundred five north, to the northwest corner of township one hundred four north of range sixty-two west; thence south and along the range line between ranges sixty-two and sixty-three west, to the southwest corner of township one hundred one north of range sixty-two west; thence east and along the base line between townships one hundred and one hundred one north, to the southeast corner of township one hundred one north of range sixty west; thence north along the range line between ranges fifty-nine and sixty west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1881, ch 42, § 1; SDC 1939, § 12.0119.
7-1-19. Day County boundaries.
Beginning at a point where the township line between townships one hundred nineteen and one hundred twenty north intersects the range line between ranges fifty-two and fifty-three west, according to the survey of the former Sisseton and Wahpeton Indian Reservation, thence north and along said range line to the northeast corner of township one hundred twenty-four north of range fifty-three west, according to said survey; thence west and northwesterly along the township line between townships one hundred twenty-four and one hundred twenty-five north, across said former reservation in the same course, to the northwest corner of township one hundred twenty-four north of range fifty-nine west of the fifth principal meridian; thence south and along the eighth guide meridian west to the southwest corner of township one hundred twenty north of range fifty-nine west; thence east and along the township line between townships one hundred nineteen and one hundred twenty north, to the place of beginning.
Source: SL 1879, ch 12; SL 1883, ch 30; SL 1885 (SS), ch 12, § 2; SL 1889, ch 55, § 2; SL 1891, ch 42; SDC 1939, § 12.0120.
7-1-20. Deuel County boundaries.
Beginning at a point where the township line between townships one hundred seventeen and one hundred eighteen north intersects the boundary line between the states of South Dakota and Minnesota, thence west and along said township line to the northwest corner of township one hundred seventeen north of range fifty, west of the fifth principal meridian; thence south and along the range line between ranges fifty and fifty-one to the southwest corner of township one hundred thirteen north of range fifty west; thence east and along the township line between townships one hundred twelve and one hundred thirteen north, to the boundary line between the states of South Dakota and Minnesota; thence north and along said line to the place of beginning.
Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 5; SDC 1939, § 12.0121.
7-1-21. Dewey County boundaries.
Beginning at the intersection of the township line between townships seventeen and eighteen, north Black Hills base line, with the center of the main channel of the Missouri River, thence west and along said township line to its intersection with the range line between ranges twenty-one and twenty-two, east Black Hills meridian; thence south and along said range line to its intersection with the forty-fifth parallel of north latitude; thence east and along said parallel to the intersection of the range line between ranges twenty-four and twenty-five, east Black Hills meridian and the said forty-fifth parallel of north latitude; thence south to the center of the main channel of the Cheyenne River; thence easterly and along the center of the main channel of said river to the center of the main channel of the Missouri River; thence north and along the center of the main channel of the Missouri River to the place of beginning.
Source: SL 1872-3, ch 19, § 7; SL 1874-5, ch 29, § 7; SL 1883, ch 16, § 3; SL 1883, ch 17, § 1; SL 1893, ch 46, § 1; SL 1895, ch 52, § 1; SL 1909, ch 133; SL 1911, ch 107, § 1; SDC 1939, §§ 12.0102, 12.0122; SL 1951, ch 37.
7-1-22. Douglas County boundaries.
Beginning at the northeast corner of township one hundred north of range sixty-two, west of the fifth principal meridian, thence west and along the base line between townships one hundred and one hundred one north, to the northwest corner of township one hundred, range sixty-six west; thence south and along the range line between ranges sixty-six and sixty-seven to the north boundary of the former Yankton-Sioux Indian Reservation; thence southeasterly and along the said north boundary of said former reservation to its intersection with the range line between ranges sixty-one and sixty-two west; thence north and along said range line to the place of beginning.
Source: SL 1872-3, ch 17, § 3; SDC 1939, § 12.0123.
7-1-23. Edmunds County boundaries.
Beginning at the northeast corner of township one hundred twenty-four north of range sixty-six west of the fifth principal meridian, thence west and along the sixth standard parallel north to the northwest corner of township one hundred twenty-four north of range seventy-three west; thence south and along the tenth guide meridian west, to the southwest corner of township one hundred twenty-one north of range seventy-three west; thence east and along the fifth standard parallel north to the southeast corner of township one hundred twenty-one north of range sixty-six west; thence north and along the range line between ranges sixty-five and sixty-six west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1885 (SS), ch 14, § 2; SDC 1939, § 12.0124.
7-1-24. Fall River County boundaries.
Beginning at a point where the one hundred third meridian of west longitude intersects the boundary line between townships six and seven, south Black Hills base line, thence west and along said township line to the boundary line between the states of South Dakota and Wyoming; thence south and along said state line to its intersection with the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to its intersection with said one hundred third meridian; thence north along said meridian to the place of beginning.
Source: SL 1883, ch 18, § 1; SDC 1939, § 12.0125.
7-1-25. Faulk County boundaries.
Beginning at the southeast corner of township one hundred seventeen north of range sixty-six, west of the fifth principal meridian, thence north and along the range line between ranges sixty-five and sixty-six west, to the northeast corner of township one hundred twenty north of range sixty-six west; thence west and along the township line between townships one hundred twenty and one hundred twenty-one north, to the northwest corner of township one hundred twenty north of range seventy-two west; thence south and along the range line between ranges seventy-two and seventy-three to the southwest corner of township one hundred seventeen north of range seventy-two west; thence east and along the township line between townships one hundred sixteen and one hundred seventeen north, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1883, ch 19, § 1; SDC 1939, § 12.0126.
7-1-26. Grant County boundaries.
Beginning at a point where the township line between townships one hundred seventeen and one hundred eighteen north intersects the eastern boundary line of the State of South Dakota, thence west and along said township line to the southwest corner of township one hundred eighteen north of range fifty west of the fifth principal meridian; thence north and along the range line between ranges fifty and fifty-one to the township line between townships one hundred nineteen and one hundred twenty north; thence west and along said township line, crossing the Sisseton and Wahpeton Indian Reservation in the same course, to the southwest corner of section nineteen, township one hundred twenty north of range fifty-two west; thence north and along the range line between ranges fifty-two and fifty-three west to the township line between townships one hundred twenty-one and one hundred twenty-two north, according to the survey of the former Sisseton and Wahpeton Indian Reservation; thence east and along said township line to the former easterly boundary of said reservation; thence northeasterly along said former boundary to the township line between townships one hundred twenty-one and one hundred twenty-two north, outside of said former reservation; thence east and along said township line to the eastern boundary of the State of South Dakota; thence southeasterly and south along said state line to the place of beginning.
Source: SL 1872-3, ch 16, § 7; PolC 1877, ch 42; SL 1883, ch 30; SL 1885 (SS), ch 22; SDC 1939, § 12.0127.
7-1-27. Gregory County boundaries.
Beginning at the point where the township line between townships one hundred and one hundred one north intersects the center of the main channel of the Missouri River, thence west and along said township line to its intersection with the tenth guide meridian west, being the northwest corner of township one hundred north of range seventy-three west of the fifth principal meridian; thence south and along said guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the center of the main channel of the Missouri River; thence northwesterly and up the center of the main channel of said Missouri River to the place of beginning.
Source: SL 1862, ch 18; SL 1872-3, ch 19; Act of Congress approved March 28, 1882; SL 1897, ch 46, § 1; SDC 1939, § 12.0128.
7-1-28. Haakon County boundaries.
Beginning at the intersection of the center of the main channel of the Cheyenne River with the sixth guide meridian, east Black Hills meridian, thence south and along said sixth guide meridian to the township line between townships two and three, north; thence east on said township line between townships two and three north to the range line between ranges twenty-five and twenty-six, east Black Hills meridian; thence south on said range line between said ranges twenty-five and twenty-six to the Black Hills base line; thence west on said base line to the range line between ranges seventeen and eighteen, east Black Hills meridian; thence north on the range line between said ranges seventeen and eighteen to the center of the main channel of the Cheyenne River; thence easterly and down the center line of the main channel of said river to the place of beginning.
Source: Election of November, 1914, dividing original Stanley county; SDC 1939, § 12.0129.
7-1-29. Hamlin County boundaries.
Beginning at the northeast corner of township one hundred fifteen north of range fifty-one, west of the fifth principal meridian, thence west and along the township line between townships one hundred fifteen and one hundred sixteen north, to the northwest corner of township one hundred fifteen north of range fifty-five west; thence south and along the range line between ranges fifty-five and fifty-six west to the southwest corner of township one hundred thirteen north of range fifty-five west; thence east and along the third standard parallel north, to the southeast corner of township one hundred thirteen north of range fifty-one west; thence north and along the range line between ranges fifty and fifty-one west, to the place of beginning.
Source: SL 1872-3, ch 16; PolC 1877, ch 42, § 1; SDC 1939, § 12.0130.
7-1-30. Hand County boundaries.
Beginning at the northeast corner of township one hundred sixteen north of range sixty-six west of the fifth principal meridian, thence west along the fourth standard parallel north, to the northwest corner of township one hundred sixteen north of range seventy west; thence south along the range line between ranges seventy and seventy-one west, including the offset upon the third standard parallel, to the southwest corner of township one hundred nine north of range seventy west; thence east and along the second standard parallel to the southeast corner of township one hundred nine north of range sixty-six; thence north and along the range line between ranges sixty-five and sixty-six to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12, § 16; SDC 1939, § 12.0131.
7-1-31. Hanson County boundaries.
Beginning at the southeast corner of township one hundred one north of range fifty-seven west of the fifth principal meridian, thence north and along the said range line to the northeast corner of township one hundred four north of range fifty-seven, west; thence west and along the said township line to the northwest corner of township one hundred four north of range fifty-nine, west; thence south on said range line to the southwest corner of township one hundred one north of range fifty-nine, west; thence east along said township line to the place of beginning.
Source: SL 1870-1, ch 10; SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 42, § 1; SDC 1939, § 12.0132.
7-1-32. Harding County boundaries.
Beginning at a point where the range line between ranges nine and ten east Black Hills meridian intersects the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the boundary line between the states of South Dakota and Montana; thence south and along said boundary line and the boundary line between the states of South Dakota and Wyoming to the township line between townships fourteen and fifteen north of the Black Hills base line; thence east and along the township line between said townships fourteen and fifteen to the range line between ranges nine and ten east Black Hills meridian; thence north and along the range line between said ranges nine and ten to the place of beginning.
Source: SL 1881, ch 43; SL 1883, ch 38; SL 1889, ch 47; SL 1893, ch 47; SL 1897, ch 43; election of November, 1908, for division; SDC 1939, § 12.0133.
7-1-33. Hughes County boundaries.
Beginning at the intersection of the third standard parallel north and the tenth guide meridian west of the fifth principal meridian, thence west and along said third standard parallel to the center of the main channel of the Missouri River; thence down the center of the main channel of said river to its intersection with the tenth guide meridian west in township one hundred nine north; thence north and along said tenth guide meridian to the place of beginning, and also all that tract or parcel of land lying and being in the Missouri River and known as Farm Island.
Source: SL 1872-3, ch 16, § 32; SL 1891, ch 45, § 2; SDC 1939, § 12.0134.
7-1-34. Hutchinson County boundaries.
Beginning at the southeast corner of township ninety-seven north of range fifty-six west of the fifth principal meridian, thence north and along the range line between ranges fifty-five and fifty-six to the base line; thence west and along said base line to the northwest corner of township one hundred, range sixty-one west; thence south and along the range line between ranges sixty-one and sixty-two west, to the boundary line of the former Yankton-Sioux Indian Reservation; thence along the said boundary line of said reservation southeastward and southwestward to the southern boundary of township ninety-seven; thence east and along the township line between townships ninety-six and ninety-seven to the place of beginning.
Source: SL 1862, ch 15; SL 1870-1, ch 10, § 7; SL 1872-3, ch 16, § 8; SL 1879, ch 12, § 2; SDC 1939, § 12.0135.
7-1-35. Hyde County boundaries.
Beginning at the northeast corner of township one hundred sixteen north of range seventy-one west of the fifth principal meridian, thence west and along the fourth standard parallel north, to the northwest corner of township one hundred sixteen north of range seventy-three west; thence south and along the tenth guide meridian west to the center of the main channel of the Missouri River; thence down the center of the main channel of the Missouri River to its intersection with the second standard parallel north; thence east and along said parallel to the southeast corner of township one hundred nine north of range seventy-one west; thence north and along the range line between ranges seventy and seventy-one west, being the tenth guide meridian west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1883, ch 21, § 1; SDC 1939, § 12.0136.
7-1-36. Jackson County boundaries.
Beginning at the northeast corner of township one south of range twenty-five east Black Hills meridian, thence west and along the Black Hills base line to the northwest corner of township one south of range eighteen east; thence south and along the range line between ranges seventeen and eighteen east, to the center of the main channel of White River; thence westerly and along the center of the main channel of said White River to its intersection with the fifth guide meridian west of the sixth principal meridian; thence south and along said fifth guide meridian to the township line between townships thirty-nine and forty; thence east and along said township line to the west boundary line of the former Rosebud Indian Reservation, thence north and along the boundary line of said Indian reservation to the center of the main channel of White River; thence east and along the center of the main channel of White River to the range line between ranges twenty-five and twenty-six east; thence north and along said range line to the place of beginning.
Source: SL 1883, ch 16; SL 1897, ch 41; election of November, 1914, for division; SDC 1939, § 12.0137; SL 1981, ch 47, § 1.
7-1-37. Jerauld County boundaries.
Beginning at the northeast corner of township one hundred eight north of range sixty-three west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range sixty-seven; thence south and along the range line between ranges sixty-seven and sixty-eight to the southwest corner of township one hundred six north of range sixty-seven west; thence east and along the township line between townships one hundred five and one hundred six to the southeast corner of township one hundred six north of range sixty-three west; thence north and along the range line between ranges sixty-two and sixty-three to the place of beginning.
Source: SL 1883, ch 23, § 1; SDC 1939, § 12.0138.
7-1-38. Jones County boundaries.
Beginning at the northwest corner of township two north of range twenty-six east Black Hills meridian, thence south and along the range line between ranges twenty-five and twenty-six east to the center of the main channel of White River; thence easterly and along the center of the main channel of said White River to the west line of range seventy-nine west of the fifth principal meridian; thence north and along said range line to its intersection with the township line between townships two and three north Black Hills base line; thence west and along said township line to the place of beginning.
Source: Election of November, 1916, for division; SDC 1939, § 12.0139.
7-1-39. Kingsbury County boundaries.
Beginning at the northeast corner of township one hundred twelve range fifty-three west of the fifth principal meridian, thence west and along the third standard parallel north to the northwest corner of township one hundred twelve north of range fifty-eight west; thence south and along the range line between ranges fifty-eight and fifty-nine west to the southwest corner of township one hundred nine north of range fifty-eight west; thence east and along the second standard parallel north to the southeast corner of township one hundred nine north of range fifty-three west; thence north and along the seventh guide meridian west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12, § 11; SDC 1939, § 12.0140.
7-1-40. Lake County boundaries.
Beginning at the northeast corner of township one hundred eight north of range fifty-one west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range fifty-four; thence south and along the range line between ranges fifty-four and fifty-five to the southwest corner of township one hundred five north of range fifty-four west; thence east and along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty-one west; thence north and along the range line between ranges fifty and fifty-one, to the place of beginning.
Source: SL 1872-3, ch 16, § 3; SL 1879, ch 12, § 8; SL 1879, ch 63; SDC 1939, § 12.0141.
7-1-41. Lawrence County boundaries.
Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles north of the point where the forty-fourth parallel of north latitude intersects the said boundary line, thence due east in a direct line to a point where said line intersects the range line between ranges five and six east Black Hills meridian; thence north and along the range line between ranges five and six east, to the township line between townships three and four north, Black Hills base line; thence west and along said township line to the range line between ranges four and five east Black Hills meridian; thence north and along the range line between said ranges four and five to the township line between townships seven and eight north; thence west and along the township line between said townships seven and eight to the point where said line intersects the center of the main channel of Redwater Creek; thence westerly and along the center of the channel of said Redwater Creek to the said boundary line between the states of South Dakota and Wyoming; thence south and along said state line to the place of beginning.
Source: SL 1874-5, ch 29; PolC 1877, ch 42; SL 1881, ch 45; SL 1887, ch 179, § 3; SL 1889, ch 57, § 1; SDC 1939, § 12.0142.
7-1-42. Lincoln County boundaries.
Beginning at a point where the base line between townships one hundred and one hundred one north, intersects the eastern boundary of the State of South Dakota, thence west and along said base line to the northwest corner of township one hundred north of range fifty-one west of the fifth principal meridian; thence south and along the range line between ranges fifty-one and fifty-two west, to the southwest corner of township ninety-six north of range fifty-one west; thence east and along the township line between townships ninety-five and ninety-six north, to the eastern boundary of the State of South Dakota; thence northerly and along the boundary line between the states of South Dakota and Iowa, to the place of beginning.
Source: SL 1862, ch 16; SL 1863-4, ch 14; SL 1867-8, ch 9; SL 1870-1, ch 10, § 9; SDC 1939, § 12.0143.
7-1-43. Lyman County boundaries.
Beginning at the intersection of the center of the main channel of the Missouri River with the base line forming the southern boundary line of the state of Minnesota extended across the Missouri River, thence west and along said base line to the tenth guide meridian west; thence north and along said tenth guide meridian to its intersection with the center of the main channel of White River; thence west and along the center of the main channel of said White River to its intersection with the west line of the fifth principal meridian survey, being the west range line of range seventy-nine west of said survey; thence north and along said west range line to the northern township line of township one hundred eight north of range seventy-nine west; thence east and along said north line of township one hundred eight north to the center of the main channel of the Missouri River; thence southeasterly down the center of the main channel of the said Missouri River to the north end of the island known as American Island; thence along the west bank of said island to the south end of said island to the point at or near the center of the main channel of said river; thence down the center of the main channel of said river to the place of beginning.
Source: SL 1872-3, ch 19; SL 1891, ch 41; SL 1897, ch 45, § 3; election of November, 1916, for division; SDC 1939, § 12.0144.
7-1-44. McCook County boundaries.
Beginning at the northeast corner of township one hundred four north of range fifty-three west of the fifth principal meridian, thence west and along the first standard parallel north, to the northwest corner of township one hundred four north of range fifty-six west; thence south and along the range line between ranges fifty-six and fifty-seven west, to the southwest corner of township one hundred one north of range fifty-six west; thence east and along the base line to the southeast corner of township one hundred one north of range fifty-three west; thence north and along the range line between ranges fifty-two and fifty-three west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 46, § 1; SDC 1939, § 12.0145.
7-1-45. McPherson County boundaries.
Beginning at the intersection of the range line between ranges sixty-five and sixty-six west of the fifth principal meridian, with the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the northwest corner of township one hundred twenty-eight north of range seventy-three west of the fifth principal meridian; thence south and along said range line between ranges seventy-three and seventy-four west, to the southwest corner of township one hundred twenty-five north of range seventy-three west; thence east and along the sixth standard parallel north, to the southeast corner of township one hundred twenty-five north of range sixty-six west; thence north and along the range line between said ranges sixty-five and sixty-six, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1885 (SS), ch 14, § 1; SDC 1939, § 12.0146.
7-1-46. Marshall County boundaries.
Beginning on the boundary line between the states of South Dakota and North Dakota where the eighth guide meridian west of the fifth principal meridian intersects the same, thence south and along said guide meridian to the southwest corner of township one hundred twenty-five north of range fifty-nine west of the fifth principal meridian; thence east and along the sixth standard parallel north, according to both the survey for the fifth principal meridian and the survey of the former Sisseton and Wahpeton Indian Reservation, to the southeast corner of township one hundred twenty-five north of range fifty-three west; thence north and along the range line between ranges fifty-two and fifty-three, according to the survey of said former Indian reservation, to the point where said range line intersects the boundary line between the states of South Dakota and North Dakota; thence west and along said state line to the place of beginning.
Source: SL 1885 (SS), ch 12, § 2; SL 1891, ch 42, § 1; SDC 1939, § 12.0147.
7-1-47. Meade County boundaries.
Beginning at the junction of the centers of the main channels of the Belle Fourche and Cheyenne Rivers, thence along the center of the main channel of the Cheyenne river to its intersection with the one hundred second meridian of west longitude; thence north and along said meridian to its intersection with the third standard parallel north; thence west and along said third standard parallel north to the range line between ranges nine and ten east Black Hills meridian; thence south and along said range line to its intersection with the township line between townships seven and eight north of the Black Hills base line; thence west and along said township line to the range line between ranges four and five east; thence south to the township line between townships three and four north; thence east to the southwest corner of township four north of range six east; thence south to the boundary line between Pennington and Meade counties; thence east and along the present boundary line between Meade and Pennington counties to the center of the main channel of the Cheyenne River; thence northeasterly and along the center of the main channel of the said Cheyenne River to the place of beginning.
Source: SL 1889, ch 57, § 1; SL 1897, ch 42, § 3; SDC 1939, § 12.0148.
7-1-48. Mellette County boundaries.
Beginning at a point on the third guide meridian west of the sixth principal meridian, where the township line between townships thirty-nine and forty north crosses the same, thence north along the guide meridian to the center of the main channel of White River; thence west and along the center of the main channel of White River to the east boundary line of the Pine Ridge Indian Reservation; thence south and along the boundary line of the Indian reservation to the point where it intersects the line between townships thirty-nine and forty north; thence east and along the township line to the place of beginning.
Source: SL 1909, ch 280; SL 1911, ch 108, § 2; SDC 1939, § 12.0149; SL 2017, ch 53, § 1.
7-1-49. Miner County boundaries.
Beginning at the northeast corner of township one hundred eight north of range fifty-five west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range fifty-eight west; thence south and along the range line between ranges fifty-eight and fifty-nine west, to the southwest corner of township one hundred five north of range fifty-eight west; thence east and along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty-five west; thence north and along the range line between ranges fifty-four and fifty-five west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 47, § 1; SL 1883, ch 31, § 1; SDC 1939, § 12.0150.
7-1-50. Minnehaha County boundaries.
Beginning at a point where the base line intersects the boundary line between the states of South Dakota and Minnesota, being the southwest corner of the said state of Minnesota, thence north and along said state line to the north line of township one hundred four north, at a point where the first standard parallel north intersects said state line; thence west and along said first standard parallel to the seventh guide meridian west of the fifth principal meridian between ranges fifty-two and fifty-three west; thence south along said seventh guide meridian to the north line of township one hundred; thence east and along said township line to the place of beginning.
Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 1; SDC 1939, § 12.0151.
7-1-51. Moody County boundaries.
Beginning at a point on the boundary line between the states of South Dakota and Minnesota where the first standard parallel north intersects said state line, thence west and along said first standard parallel to the southwest corner of township one hundred five north of range fifty west of the fifth principal meridian; thence north and along the range line between ranges fifty and fifty-one west, to the second standard parallel north; thence east and along said second standard parallel to the said boundary line between said states; thence south and along said state line to the place of beginning.
Source: SL 1872-3, ch 16, § 2; SDC 1939, § 12.0152.
7-1-52. Pennington County boundaries.
Beginning at a point on the boundary line between the states of South Dakota and Wyoming ten miles south of its intersection with the forty-fourth parallel of north latitude, the same being the northwest corner of Custer County, thence east in a direct line and along the north boundary of Custer County to the center of the main channel of the south fork of the Cheyenne River; thence southerly and up the center of the main channel of said river to its intersection with the northerly boundary of the Pine Ridge Indian Reservation; thence east and along said boundary line of said reservation to its intersection with the center of the main channel of White River; thence easterly and down the center of the main channel of White River to the range line between ranges seventeen and eighteen east Black Hills meridian; thence north and along said range line to the center of the main channel of the Cheyenne River; thence westerly up and along the center of the main channel of said river to its junction with the Belle Fourche River; thence southerly up and along the center of the main channel of the south fork of the Cheyenne River to the boundary line between Meade and Pennington counties; thence west and along said boundary line and along the boundary line between Pennington and Lawrence counties to the boundary line between the states of South Dakota and Wyoming; thence south and along said state line to the place of beginning.
Source: SL 1874-5, ch 29; PolC 1877, ch 42; SL 1897, ch 44, § 3; SDC 1939, § 12.0153.
7-1-53. Perkins County boundaries.
Beginning at a point where the one hundred second meridian of west longitude intersects the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the range line between ranges nine and ten east Black Hills meridian; thence south and along said range line to the third standard parallel north of the Black Hills base line; thence east and along said standard parallel to the said one hundred second meridian; thence north and along said meridian to the place of beginning.
Source: Election of November, 1908, for division; SDC 1939, § 12.0154.
7-1-54. Potter County boundaries.
Beginning at the southeast corner of township one hundred seventeen north of range seventy-three, west of the fifth principal meridian, thence north and along the range line between ranges seventy-two and seventy-three west, to the northeast corner of township one hundred twenty, north of range seventy-three; thence west and along the township line between townships one hundred twenty and one hundred twenty-one north, to the center of the main channel of the Missouri River; thence down and along the center of the main channel of the Missouri River to its intersection with the township line between townships one hundred sixteen and one hundred seventeen, north; thence east and along the said township line to the place of beginning.
Source: SL 1874-5, ch 30; SL 1883, ch 19, § 2; SDC 1939, § 12.0155.
7-1-55. Roberts County boundaries.
Beginning at a point where the boundary line between the states of South Dakota and North Dakota intersects the boundary line between the states of South Dakota and Minnesota, thence west and along said state line between the states of South Dakota and North Dakota to the range line between ranges fifty-two and fifty-three west of the fifth principal meridian, according to the survey of the former Sisseton and Wahpeton Indian Reservation; thence south and along said range line to the township line between townships one hundred twenty-one and one hundred twenty-two north of said survey; thence east and along said township line to the easterly boundary of said former Indian reservation; thence northeasterly along the boundary line of said former Indian reservation to the township line between townships one hundred twenty-one and one hundred twenty-two north, outside of said Indian reservation; thence east on said township line to the boundary line between the states of South Dakota and Minnesota; thence northerly and along said state line to the place of beginning.
Source: SL 1883, ch 30, § 2; SL 1885 (SS), ch 22, § 1; SDC 1939, § 12.0156.
7-1-56. Sanborn County boundaries.
Beginning at the northwest corner of township one hundred eight north of range fifty-nine, west of the fifth principal meridian, thence west and along the second standard parallel north to the northwest corner of township one hundred eight north of range sixty-two west; thence south and along the range line between ranges sixty-two and sixty-three west, to the southwest corner of township one hundred five north of range sixty-two west; thence east along the first standard parallel north, to the southeast corner of township one hundred five north of range fifty-nine west; thence north and along the range line between ranges fifty-eight and fifty-nine west, to the place of beginning.
Source: SL 1883, ch 31, § 1; SDC 1939, § 12.0157.
7-1-57. Oglala Lakota County boundaries.
Beginning at a point where the boundary line between the states of South Dakota and Nebraska intersects the fifth guide meridian west of the sixth principal meridian, thence north and along said guide meridian to the center of the main channel of White River; thence westerly and up the center of the main channel of said White River to its intersection with the north boundary of the Pine Ridge Indian Reservation; thence west and along the north boundary of said Indian reservation to its intersection with the south fork of the Cheyenne River; thence southwesterly and along the center of the main channel of the south fork of the Cheyenne River to its intersection with the one hundred third meridian of west longitude; thence south and along said meridian to the said boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.
Source: SL 1874-5, ch 29; SL 1883, ch 40; SL 1897, ch 44; SL 1909, ch 280, §§ 5, 6; SDC 1939, §§ 12.0158, 12.0168; SL 1943, ch 23, §§ 1, 2; SL 1951, ch 22, §§ 1, 2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
7-1-58. Spink County boundaries.
Beginning at the northeast corner of township one hundred twenty north of range sixty, west of the fifth principal meridian, thence west and along the fifth standard parallel north to the northwest corner of township one hundred twenty north of range sixty-five west; thence south and along the range line between ranges sixty-five and sixty-six west, to the southwest corner of township one hundred fourteen north of range sixty-five west; thence east and along the township line between townships one hundred thirteen and one hundred fourteen north, to the southeast corner of township one hundred fourteen north of range sixty west; thence north and along the eighth guide meridian west, to the place of beginning.
Source: SL 1872-3, ch 16; SL 1879, ch 12, § 13; SDC 1939, § 12.0159.
7-1-59. Stanley County boundaries.
Beginning at the intersection of the centers of the main channels of the Cheyenne and Missouri rivers, thence westerly and up the center of the main channel of the Cheyenne River to the sixth guide meridian east Black Hills meridian; thence south and along said guide meridian to the township line between townships two and three north, Black Hills base line; thence east and along said township line to the west line of the fifth principal meridian survey, being the west line of range seventy-nine west of the fifth principal meridian; thence north and along said range line to the north line of township one hundred eight north of range seventy-nine west of the fifth principal meridian; thence east and along said north line of township one hundred eight north, to the center of the main channel of the Missouri River; thence northerly and up the center of the main channel of said river to the place of beginning.
Source: SL 1872-3, ch 19; SL 1883, ch 35; SL 1893, ch 46; SL 1897, ch 41, § 3; election of November, 1914, for division; SDC 1939, § 12.0160.
7-1-60. Sully County boundaries.
Beginning at the intersection of the third standard parallel north with the tenth guide meridian west of the fifth principal meridian, thence north and along said tenth guide meridian to the fourth standard parallel north; thence west and along said fourth standard parallel to the center of the main channel of the Missouri River; thence down the center of the main channel of said river to the said third standard parallel north; thence east and along said third standard parallel to the place of beginning.
Source: SL 1872-3, ch 16, § 33; SL 1917, ch 178, § 1; SDC 1939, § 12.0161.
7-1-61. Todd County boundaries.
Beginning at the intersection of the third guide meridian west of the sixth principal meridian with the boundary line between the states of South Dakota and Nebraska; thence north and along said third guide meridian to the township line between townships thirty-nine and forty, north; thence west and along said township line to its intersection with the western boundary line of the Rosebud Indian Reservation; thence south and along said boundary line of said reservation to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.
Source: SL 1909, ch 280; SL 1911, ch 108, § 1; SDC 1939, § 12.0162.
7-1-62. Tripp County boundaries.
Beginning at the intersection of the third guide meridian west of the sixth principal meridian with the center of the main channel of White River, thence south and along said third guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east on said state line to its intersection by the tenth guide meridian west of the fifth principal meridian; thence north on said last mentioned guide meridian to its intersection with the center of the main channel of White River; thence westerly and up the center of the main channel of said White River to the place of beginning.
Source: SL 1872-3, ch 19; SL 1891, ch 41; SL 1907, ch 99, § 1; SDC 1939, § 12.0163.
7-1-63. Turner County boundaries.
Beginning at the northeast corner of township one hundred north of range fifty-two, west of the fifth principal meridian, thence west and along the base line to the northwest corner of township one hundred north of range fifty-five west; thence south and along the range line between ranges fifty-five and fifty-six to the southwest corner of township ninety-seven north of range fifty-five west; thence east and along the township line between townships ninety-six and ninety-seven north, to the southeast corner of township ninety-seven north of range fifty-four west; thence south and along the range line between ranges fifty-three and fifty-four, to the southwest corner of township ninety-six north of range fifty-three west; thence east and along the township line between townships ninety-five and ninety-six north to the southeast corner of township ninety-six north of range fifty-two west; thence north and along the range line between ranges fifty-one and fifty-two west, to the place of beginning.
Source: SL 1870-1, ch 10, § 8; SDC 1939, § 12.0164.
7-1-64. Union County boundaries.
Beginning at a point where the township line between townships ninety-five and ninety-six north intersects the boundary line between the states of South Dakota and Iowa, thence west and along the township line between townships ninety-five and ninety-six north, to the northwest corner of township ninety-five, range fifty, west of the fifth principal meridian; thence south and along the range line between ranges fifty and fifty-one west, to the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said last mentioned state line to its intersection with the boundary line between the states of South Dakota and Iowa; thence northerly and along the boundary between the states of South Dakota and Iowa, to the place of beginning.
Source: SL 1863-4, ch 14, § 1; SL 1870-1, ch 10, § 1; SD SenJRes 4, 1905; Act of Congress approved March 1, 1905, ch 1295, 33 Stat. 820; SL 1907, ch 245, § 1; SDC 1939, § 12.0165.
7-1-65. Walworth County boundaries.
Beginning at the northeast corner of township one hundred twenty-four north of range seventy-four, west of the fifth principal meridian, thence west and along the sixth standard parallel north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of the Missouri River to its intersection with the fifth standard parallel, north, as extended; thence east and along the township line between townships one hundred twenty and one hundred twenty-one north, to the southeast corner of township one hundred twenty-one north of range seventy-four, west of the fifth principal meridian; thence north and along the range line between ranges seventy-three and seventy-four west, to the place of beginning.
Source: SL 1872-3, ch 16, § 35; SDC 1939, § 12.0166.
7-1-67. Yankton County boundaries.
Beginning at the northeast corner of township ninety-six north of range fifty-four west of the fifth principal meridian, thence west and along the township line between townships ninety-six and ninety-seven to the northwest corner of township ninety-six, north of range fifty-seven, west; thence south and along the range line between ranges fifty-seven and fifty-eight west, as extended, to its intersection with the boundary line between the states of South Dakota and Nebraska; thence easterly and along said state line to the range line between ranges fifty-three and fifty-four, as extended; thence north and along said range line to the place of beginning.
Source: SL 1862, ch 19, § 1; SL 1870-1, ch 10, § 3; SDC 1939, § 12.0169.
7-1-68. Ziebach County boundaries.
Beginning at the northeast corner of township seventeen north of range twenty-one, east of the Black Hills meridian, thence west and along the township line between townships seventeen and eighteen north, to the one hundred second meridian of west longitude; thence south and along said meridian to the center of the main channel of the Cheyenne River; thence easterly and along the center of the main channel of said Cheyenne River to its intersection with the sixth guide meridian, east, being the range line between ranges twenty-four and twenty-five, east Black Hills meridian; thence north and along said guide meridian to its intersection with the forty-fifth parallel of north latitude; thence west and along said parallel to its intersection with the range line between ranges twenty-one and twenty-two, east; thence north and along said range line to the place of beginning.
Source: SL 1911, ch 107, § 1; SDC 1939, § 12.0170.
7-1-69. Petition to change county name--Election--Ballot--Costs of name change paid by county.
If not less than fifteen percent of the registered voters of any organized county in this state, based upon the total number of registered voters at the last preceding general election, shall on or before the first day of July in any general election year, file in the office of county auditor a petition requesting that the name of the county be changed, the county auditor shall at the next general election submit the question to the registered voters of the county on a separate printed ballot if using a hand counted paper ballot. The petition shall also authorize the county to appropriate and pay for all local government and state government costs associated with changing the name of the county. If the county uses an optical scan ballot, the question may be included on the general election ballot. The following question shall be submitted to the voters:
Shall the name of this county be changed to __________ and county funds be appropriated to pay for all local government and state government costs associated with the name change?
______ Yes
______ No
All voters in favor of changing the name of the county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word Yes on the ballot. All voters who do not favor changing the name of the county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word No on the ballot. All local government and state government costs associated with changing the name of the county shall be paid by the county from county funds appropriated for that purpose before the change of the name of the county shall be effective.
Source: SL 1992, ch 51, § 1; SL 2015, ch 57, § 4; SL 2016, ch 43, § 2.
7-1-70. Certification of name change vote result.
If a two-thirds majority of the votes cast at an election held pursuant to § 7-1-69 are in favor of changing the name of the county, the county auditor shall within ten days after the canvass of the vote, certify under the seal of the county auditor's office to the secretary of state, the result of the canvass of the votes cast at the election, and the new name of the county.
Source: SL 1992, ch 51, § 2; SL 2015, ch 57, § 1.
7-1-72. Proclamation of new county name.
Upon the certification made by the county auditor pursuant to § 7-1-70, the secretary of state shall publicly proclaim the result of the election held pursuant to § 7-1-69 and the new name of the county. The new name of the county shall be in full force and effect on the first day of July in the year following the election held pursuant to § 7-1-70.
Source: SL 1992, ch 51, § 4; SL 2015, ch 57, § 3.
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.
7-3-1
Petition for division of county--Contents and filing--Minimum size of new county.
7-3-2
Voters' approval of division--Name and organization of new county.
7-3-3
Revision of commissioner districts after division of county.
7-3-4
Apportionment of bonded indebtedness after division of county--Bonds and tax levy
of new county.
7-3-5
Apportionment of floating or warrant indebtedness on division of county--Bond issue
by new county to cover proportionate share.
7-3-6
Sale of county bonds based on advertising and award before division.
7-3-7
Inventory and apportionment of assets and liabilities by auditor-general.
7-3-8
Auditor-general's report filed with county auditors--Conclusive evidence.
7-3-9
County action to set aside auditor-general's report--Time for filing--Estimate and
appraisement as prima facie evidence.
7-3-10
Auditor-general's apportionment final if no action brought.
7-3-11
Warrants issued for settlement of accounts between counties.
7-3-12
Expenses of auditor-general--Apportionment and payment by counties.
7-3-13
Transfer of books, records, and files relating exclusively to new county.
7-3-14
Indexing and marginal notation by original county of records transferred to new
county--Indexing and preservation in new county.
7-3-15
Inventory of books, records and files transferred to new county.
7-3-16
Transferred records deemed original records--Certified copies as evidence.
7-3-17
Transcript of records obtained by new county--Evidentiary value.
7-3-18
Contract for transcription of records for new county--Certification of instruments
transcribed.
7-3-19
Repealed.
7-3-20
Affidavit as to transcription of all records.
7-3-21
County commissioners' certificate of completion of transcriptions--Recording of
instruments before certificate filed.
7-3-22
County commissioners' discretion in transcription of records.
7-3-1. Petition for division of county--Contents and filing--Minimum size of new county.
If fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, residing in any portion consisting of not less than twenty-four congressional townships or any portion consisting of not less than one hundred million dollars of real property valuation of any organized county in this state shall petition the county commissioners of such county for division thereof and for the organization of a new county or counties, setting forth in the petition the lines upon which the petitioners desire such county to be divided and the boundaries of the proposed new county or counties, together with the name or names they desire to be given the proposed new county or counties in which such petitioners reside, the county commissioners of such county shall submit the question of the division of such county to the voters thereof at the next general election. Such petition must be filed with the county auditor not later than the first Monday in July of any general election year.
Each county shall, after division as prayed for in such petition, contain not less than twenty-four congressional townships or not less than one hundred million dollars of real property valuation, or no election may be ordered.
Source: SL 1907, ch 100, § 1; RC 1919, § 5770; SDC 1939, § 12.0401; SL 1982, ch 59; SL 1987, ch 67, § 2.
7-3-2. Voters' approval of division--Name and organization of new county.
If a majority of the votes cast at the next general election in such county, and also in each portion thereof proposed to be organized into a new county, shall be favorable to a division of such county, the portion in which the county seat thereof is located shall retain the name and organization of such county and the portion or portions in which the county seat is not located shall take the name or names prayed for in the petition for the division of the county, and the Governor shall forthwith proceed to organize the same as a county or counties under such name or names in the manner provided by law for organizing an unorganized county and, until such organization is perfected, the said portion or portions of such county shall for all governmental purposes remain and be a portion of such original county.
Source: SL 1907, ch 100, § 2; SL 1915, ch 127; SL 1917, ch 173; RC 1919, § 5771; SDC 1939, § 12.0402.
7-3-3. Revision of commissioner districts after division of county.
Whenever the area of any county in this state has been altered by division or by the changing of its boundaries, it shall be the duty of the board of county commissioners of such county, at the first regular meeting thereafter, to establish commissioner districts in such county and fix the boundaries thereof in the manner provided by law for establishing commissioner districts and changing the boundaries thereof insofar as the same is applicable. Such commissioner districts so established and the boundaries so fixed shall remain as established and fixed until the same may be changed as provided by law. Whenever the organization of a new county results from such alteration, the same duty shall devolve upon the commissioners of the new county.
Source: SL 1915, ch 134; RC 1919, § 5786; SDC 1939, § 12.0415.
7-3-4. Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county.
Any bonded indebtedness of such original county shall be apportioned to each division ratably upon the basis of the last equalized assessment previous to the division thereof and each of such divisions shall be charged with, assume, and pay its just portion of such debt upon the basis of such apportionment; and each new division shall, as soon as organized as a county, issue its bonds to meet its portion of such bonded debt. Such bonds shall be made payable to the original county, shall bear the same rate of interest, be of similar tenor, and shall mature on the same date as the outstanding bonds of the original county on account of which the bonds of the new county are issued. The county commissioners of each new county shall annually levy and collect a tax to pay the interest on the bonds issued hereunder as it shall accrue and to meet and discharge the principal thereof at maturity, and the original county shall retain such bonds and not be allowed to dispose of or sell the same.
Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
7-3-5. Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share.
The floating or warrant indebtedness of such original county shall also be apportioned in the same manner to each division and each new county shall be charged with, assume, and pay the amount so apportioned to it.
In any case where, at an election on the question of division of an organized county held pursuant to the provisions of this chapter, there has also been submitted the question of issuing the funding bonds of the county proposed to be divided, and a majority of the votes cast at such election was in favor of the issuance of such funding bonds, or where the funding bonds of such original county have been previously ordered to be issued by a majority vote of the voters thereof voting thereon and the same have not been issued prior to the division of such original county; then, and in either of such events, each new county so created, as well as the original county, shall be and is authorized to issue its bonds for the purpose of funding such proportion of the warrant indebtedness of the original county as has been allotted to it. Such bonds shall be issued in the manner provided by law, except that the proposition of issuing the same need not again be submitted to a vote of the voters of any of such counties.
Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
7-3-6. Sale of county bonds based on advertising and award before division.
When such original county has, by and through its board of county commissioners, duly advertised for sale its funding bonds so voted and authorized, and has awarded such bonds to the highest and best bidder therefor pursuant to the advertisement for bids, it shall be unnecessary to advertise for sale, the funding bonds to be issued by the new county or counties and the original county as provided in § 7-3-5, but each county may through its board of county commissioners sell and deliver its bonds hereby authorized to the person or persons and under the terms mentioned in the award of the original county as aforesaid.
Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
7-3-7. Inventory and apportionment of assets and liabilities by auditor-general.
If a new county is organized or created out of an organized county in this state or in counties which have been divided and the liabilities and assets of the county as it existed prior to the division of the county have not been apportioned and divided by the board of county commissioners of the original county and the newly organized portion, the auditor-general of this state shall make an inventory of all of the assets and liabilities of the original county and the new county or counties and estimate the value and amount of the assets and liabilities. After notice to the county commissioners of the counties affected, the auditor-general shall apportion the liabilities and assets of the counties in the manner provided by law for the apportionment of bonded indebtedness.
Source: SL 1917, ch 175, § 1; RC 1919, § 5776; SDC 1939, § 12.0404; SL 2016, ch 44, § 2.
7-3-8. Auditor-general's report filed with county auditors--Conclusive evidence.
The auditor-general shall file a report of such apportionment with the county auditor of the original and new county or counties within thirty days after such apportionment is made, and such report shall be conclusive evidence of the amounts due from one county to the other or others, respectively, except as provided in § 7-3-9.
Source: SL 1917, ch 175, § 2; RC 1919, § 5777; SDC 1939, § 12.0405.
7-3-9. County action to set aside auditor-general's report--Time for filing--Estimate and appraisement as prima facie evidence.
Any county affected by such apportionment as provided in § 7-3-7, at any time within thirty days after the report of the auditor-general has been filed, may bring its action in equity in the circuit court of such county for the purpose of setting aside such apportionment and causing an apportionment to be made between the counties affected. The estimate and appraisement of the auditor-general shall be prima facie evidence of the facts and values therein stated and shall be admissible in evidence.
Source: SL 1917, ch 175, § 3; RC 1919, § 5778; SDC 1939, § 12.0405.
7-3-10. Auditor-general's apportionment final if no action brought.
In case no action is brought within the time prescribed in § 7-3-9, the apportionment made by the auditor-general shall be final and binding upon all counties and persons affected.
Source: SL 1917, ch 175, § 3; RC 1919, § 5778; SDC 1939, § 12.0405.
7-3-11. Warrants issued for settlement of accounts between counties.
It shall be the duty of the boards of county commissioners of such counties at their next regular meeting after the expiration of thirty days from the filing of the report of the auditor-general, to issue warrants upon the several funds to the creditor county to pay any amounts ascertained by the auditor-general to be due; or, in case the report of the auditor-general is set aside, warrants shall be issued as herein provided within thirty days after the entry of final judgment in such matter.
Source: SL 1917, ch 175, § 4; RC 1919, § 5779; SDC 1939, § 12.0406.
7-3-12. Expenses of auditor-general--Apportionment and payment by counties.
For the work herein provided, the auditor-general shall be paid at the rate and in the manner fixed by law for such auditor-general, and the expense of making such apportionment shall be charged to each of the counties and the amount thereof apportioned to each county ratably upon the basis of the last equalized assessment previous to the division. It shall be the duty of the officers of the proper counties immediately after such service has been rendered to issue warrants therefor as provided by law in other cases.
Source: SL 1917, ch 175, § 5; RC 1919, § 5780; SDC 1939, § 12.0407.
7-3-13. Transfer of books, records, and files relating exclusively to new county.
Whenever an organized county has been or shall be divided and a division of the books, records, and files has not been made, it shall be the duty of the county commissioners of the new county or counties to procure from the original county, and it shall be the duty of the proper officers of the original county to surrender, all the books, records, and files of the several offices which relate exclusively to school districts, townships, and municipalities located within the territory embraced within such new county or counties. Such commissioners shall further procure, and it shall be the duty of the proper officers of the original county to surrender, all books, records, and files of the original county which in any manner affect exclusively property rights or interests in such new county or counties.
Source: SL 1917, ch 174, § 1; RC 1919, § 5773; SDC 1939, § 12.0408; SL 1992, ch 60, § 2.
7-3-14. Indexing and marginal notation by original county of records transferred to new county--Indexing and preservation in new county.
In all cases where any files delivered under the provisions of this chapter are indexed in the office of the original county, it shall be the duty of the custodian of such files, before delivering the same, to note in the margin or other proper place in such index that such files were delivered to the officers of the new county, naming it. All files received by any officer of a new county as herein provided shall be indexed and preserved by the proper officer of such county the same as new, original files or records.
Source: SL 1917, ch 174, § 1; RC 1919, § 5773; SDC 1939, § 12.0408.
7-3-15. Inventory of books, records and files transferred to new county.
Before any officer of an original county which has been divided or from which the territory has been detached, as mentioned in § 7-3-13, shall surrender any books, records, or files from his office, it shall be the duty of such officer to make a detailed inventory of such books, records, and files which inventory shall be made in duplicate; one copy shall be kept by such officer and the other surrendered to the county commissioners of the new county, and the county commissioners procuring such books, records, or files shall give their receipt therefor, which receipt shall be filed in the proper office of the original county.
Source: SL 1917, ch 174, § 2; RC 1919, § 5774; SDC 1939, § 12.0408.
7-3-16. Transferred records deemed original records--Certified copies as evidence.
The records transferred under the provisions of this chapter shall, after such transfer, be deemed original records of the new county to which they are transferred and certified copies shall be received in all courts in evidence with the same force and effect as original records of both counties.
Source: SL 1917, ch 174, § 3; RC 1919, § 5775; SDC 1939, § 12.0409.
7-3-17. Transcript of records obtained by new county--Evidentiary value.
Whenever an organized county shall be divided, it shall be the duty of the board of county commissioners of such newly organized county 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, property rights or interests within such newly organized county and, when such records are transcribed and certified to as hereinafter provided, they shall have the same force and effect as though originally filed and recorded in such newly organized county and as the records of such original county, and shall be received in all courts in evidence with the same force and effect as such original records.
Source: SL 1915, ch 132, § 1; RC 1919, § 5781; SDC 1939, § 12.0410.
7-3-18. Contract for transcription of records for new county--Certification of instruments transcribed.
The board of county commissioners may contract the transcribing of records or any part thereof to the lowest and best bidder. The person transcribing the records of any particular office shall attach the transcriber's certificate without extra cost to each instrument or matter transcribed to the effect that the transcript is a full, true, and complete copy of the original instrument as it appears of record in the original county, showing book and page thereof. However, for any record transcribed from the office of the county treasurer or county auditor it is only necessary to make one certificate at the close of each book transcribed.
Source: SL 1915, ch 132, § 2; RC 1919, § 5782; SDC 1939, § 12.0411; SL 2016, ch 44, § 3.
7-3-20. Affidavit as to transcription of all records.
Each person to whom such transcribing work shall be let or who shall have in charge the transcribing of the records of any particular office, shall make an affidavit which shall state that the instruments transcribed by such person, included within certain books and pages to be designated, are all the instruments or matters of record in that particular office in the original county affecting any or all property rights or interests in the newly organized county, except such as were omitted by the written order of the board of county commissioners of such newly organized county.
Source: SL 1915, ch 132, § 2; RC 1919, § 5782; SDC 1939, § 12.0411.
7-3-21. County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed.
It shall be the duty of the board of county commissioners of such newly organized county, as soon as the work of transcribing the records of the original county shall have been completed, to file a certificate to that effect with the auditor of such newly organized county and, until such certificate shall have been filed, any and all instruments or matters of record filed or recorded in the original county pertaining to property rights or interests in such newly organized county shall be deemed constructive notice to all purchasers or encumbrancers the same as though such instruments or matters of record had already been transcribed.
Source: SL 1915, ch 132, § 4; RC 1919, § 5784; SDC 1939, § 12.0413.
7-3-22. County commissioners' discretion in transcription of records.
Any matter pertaining to the transcribing of such records, not before specifically designated, shall be left to the discretion of the board of county commissioners of such newly organized county subject to the right of appeal as provided by law.
Source: SL 1915, ch 132, § 5; RC 1919, § 5785; SDC 1939, § 12.0414.
7-5-1
Petition and election on abolishment of county organization--Form of ballot.
7-5-2
Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness.
7-5-3
Communication to Legislature of election result--Attachment for judicial purposes
after county organization dissolved.
7-5-4
Governor's proclamation of dissolution of county organization--Notice--Effective
date.
7-5-5
Laws applicable after county organization dissolved--Tax levy to pay indebtedness.
7-5-1. Petition and election on abolishment of county organization--Form of ballot.
Whenever not less than fifteen percent of the registered voters of any organized county in this state, based upon the total number of registered voters at the last preceding general election, shall on or before the first day of July in any general election year, file in the office of the county auditor a petition requesting that the organization of such county be dissolved and that it thereafter be and become an unorganized county, the county auditor shall at the next regular election, submit to the legal voters of said county on a separate printed ballot the following question:
Shall the county organization of ________ county be abolished?
[] Yes
[] No
All voters in favor of abolishing such county organization shall place either a cross (x) or check mark () in the square before the word Yes on the ballot. All voters who do not favor the abolishment of such county organization shall place either a cross (x) or check mark () in the square before the word No on the ballot.
Source: SL 1943, ch 45, § 1; SDC Supp 1960, § 12.3301; SL 1987, ch 67, § 7.
7-5-2. Certification to Governor of vote favoring abolishment of county organization--Description of county property and indebtedness.
If a majority of the votes cast at such election shall be in favor of abolishing such county organization, the county auditor shall within ten days after the canvass of said vote, certify under the seal of his office to the Governor, the result of the canvass of the votes cast at such election, and setting forth in such certificate a detailed description of all of the outstanding and unpaid bond and warrant indebtedness of such county, the amount of any and all unpaid claims of every nature and description, and a schedule and legal description of all lands and real estate which have been sold for nonpayment of taxes and to which the county then holds a certificate of tax sale, and a schedule of all lands and legal description thereof acquired in any manner and then owned by the county.
Source: SL 1943, ch 45, § 2; SDC Supp 1960, § 12.3302.
7-5-3. Communication to Legislature of election result--Attachment for judicial purposes after county organization dissolved.
The Governor at the next convention of the annual session of the State Legislature shall communicate the result of such election in such county to the presiding officer of each branch of the Legislature, and thereupon the Legislature shall designate by joint resolution the county to which such county so voting to disorganize shall be attached for judicial purposes.
Source: SL 1943, ch 45, § 3; SDC Supp 1960, § 12.3303.
7-5-4. Governor's proclamation of dissolution of county organization--Notice--Effective date.
Upon such designation by the Legislature, the Governor shall publicly proclaim the result of such election and of the designation of the county to which such disorganizing county shall be attached for state and judicial purposes, and officially notify the county auditor of the counties interested, and the disorganization of such county and its status as an unorganized county shall be in full force and effect on the first day of the month following such proclamation by the Governor.
Source: SL 1943, ch 45, § 4; SDC Supp 1960, § 12.3304.
7-5-5. Laws applicable after county organization dissolved--Tax levy to pay indebtedness.
Such county so disorganized shall thereafter be subject to all the laws relating to unorganized counties, and all of the indebtedness of such county contracted when an organized county shall be paid out of taxes levied on the property in the territory embraced within the boundaries of such unorganized county as it previously existed as an organized county.
Source: SL 1943, ch 45, § 4; SDC Supp 1960, § 12.3304.
CHAPTER 7-6
COUNTY SEATS
7-6-1 Submission to voters of location of permanent county seat--Publication of notice.
7-6-2 Form and casting of ballots for selection of county seat--Application of general election law.
7-6-3 Time required before resubmission of county seat location.
7-6-4 Relocating county seat--Petition--Verification--Election--Publication of notice.
7-6-5 Form and casting of ballots on change of county seat--Application of general election law.
7-6-6 Time required before resubmission of change of county seat.
7-6-7 Moving to new county seat--Time permitted.
7-6-1. Submission to voters of location of permanent county seat--Publication of notice.
The board of county commissioners of any organized county in this state in which the county seat has not been located by a majority vote, may submit the question of location of the county seat to the voters of its county at the next general election. Notice of the submission of the question shall be included in the notice published by the county auditor giving notice of the time and place of holding such general election.
Source: SDC 1939, § 12.0501; SL 1981, ch 44, § 2.
7-6-2. Form and casting of ballots for selection of county seat--Application of general election law.
The ballots used at said election for the location of the county seat shall be in such form as the county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers, and shall be received and deposited in a separate ballot box, and the municipality receiving a majority of all the votes cast shall be the county seat, and the votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
7-6-3. Time required before resubmission of county seat location.
If upon a canvass of the votes cast, as provided in § 7-6-2, any municipality shall have received a majority of all votes cast at such election, the question of location of the county seat shall not again be submitted before the expiration of four years; provided that where such vote has already been had without a choice of location, the question of location of the county seat shall not again be submitted until the expiration of four years from the last election held therefor.
Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
7-6-4. Relocating county seat--Petition--Verification--Election--Publication of notice.
To relocate a county seat, a petition signed by twenty percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, must be filed with the county auditor on or before July first. The county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are 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 county auditor verifies that the petition meets the requirements of this section, the board of county commissioners shall submit the question of relocating the county seat to the people of the county at the next general election.
The county auditor shall publish notice of the submission of the question with the general election notices required by § 12-12-1.
Source: SDC 1939, § 12.0502; SL 1982, ch 60, § 1; SL 1987, ch 67, § 3; SL 2023, ch 21, § 1.
7-6-5. Form and casting of ballots on change of county seat--Application of general election law.
The ballots used at said election for the change of the county seat shall be in such form as the board of county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers and shall be received and deposited in a separate ballot box. If the proposition to change the county seat is ratified by two-thirds of the votes cast, then the municipality specified in the petition shall be the county seat. The votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source: SDC 1939, § 12.0502; SL 1981, ch 44, § 3.
7-6-6. Time required before resubmission of change of county seat.
If upon a canvass of the votes cast as provided in § 7-6-5 any municipality shall not have received the vote as required by the Constitution, the question of the change of the location of the county seat shall not again be submitted before the expiration of four years.
Source: SDC 1939, § 12.0502; SL 1992, ch 60, § 2.
7-6-7. Moving to new county seat--Time permitted.
If the question to relocate the county seat is approved by the voters as specified in § 7-6-5, the county officers whose offices are required by law to be kept at the county seat shall remove their respective offices, files, records, office fixtures, furniture, and all other property pertaining to their offices to the county seat designated by the voters within one year after the date of an election held under this chapter or the end of any recount, certiorari proceeding, or election contest, whichever is latest.
Source: SL 1890, ch 64, § 3; RPolC 1903, § 793; RC 1919, § 5789; SDC 1939, § 12.0503; SL 2023, ch 21, § 2.
CHAPTER 7-7
COUNTY OFFICERS IN GENERAL
7-7-1 Commencement of terms of county officers--Vacancy occurring before commencement of term.
7-7-1.1 County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices.
7-7-1.2 Combining county offices.
7-7-1.3 First election of officer for combined office--Term--Salary.
7-7-1.4 Appointment--Coroner.
7-7-1.5 Submission of question of combined offices to voters--Procedure.
7-7-1.6 Submitting to voters the question of combining with other counties a county office--Procedure.
7-7-1.7 Nomination and election of officer to combined office--Term.
7-7-1.8 Ordinance combining with other counties a county office.
7-7-1.9 Nomination and election of officer to combined office--Election--Term.
7-7-1.10 Procedure upon vacancy of a combined office.
7-7-2 Hours of operation for county offices established by board of county commissioners--Exceptions.
7-7-2.1 Closing of courthouse for emergency or severe weather.
7-7-3 Compensation of county commissioners.
7-7-4 Mileage allowance for county commissioners.
7-7-5 Salary of county commissioners.
7-7-6 Compensation of county commissioners acting in drainage matters.
7-7-7 Mileage allowance when commissioners travel together--Pooling of mileage allowances.
7-7-8 Determination of population for county salary purposes.
7-7-9 7-7-9. Repealed by SL 1981, ch 48, § 2.
7-7-9.1 Salary for county treasurer, auditor and register of deeds--Salaries not to be decreased during terms of office.
7-7-10 7-7-10. Repealed by SL 1974, ch 56, § 2.
7-7-10.1 Salary for combination of two or more elected positions.
7-7-11 7-7-11. Repealed by SL 1972, ch 38, § 2.
7-7-12 Salary for state's attorney--Contract for services--Prohibitions.
7-7-13 7-7-13. Repealed by SL 1984, ch 44, § 4.
7-7-14 Determination of population of newly created or organized county.
7-7-15 7-7-15. Repealed by SL 1985, ch 15, § 3.
7-7-16 7-7-16. Repealed by SL 1971, ch 44, § 5.
7-7-17 Salaries as full compensation--Fees paid into treasury.
7-7-18 7-7-18. Repealed by SL 1971, ch 44, § 5.
7-7-19 7-7-19. Repealed by SL 1985, ch 77, § 42.
7-7-20 Authorization for employment of deputies and clerks--Payment of compensation.
7-7-21 Appointment and removal of deputies and clerks--Oath of office and bond.
7-7-22 Powers of deputies--Responsibility of elected officer.
7-7-23 Officer receiving salary of deputy or clerk as theft.
7-7-24 Mileage allowance to county officials.
7-7-25 Meetings of county officials for advancement of county government--Authorization.
7-7-26 Prior authorization required for reimbursement of expenses for attending meetings--Vouchers for payment.
7-7-27 Payments for research to county commissioners' associations and educational institutions.
7-7-28 Formation of association of county commissioners and elected officials--Powers of association--Appropriations for dues.
7-7-29 Local government records destruction board.
7-7-1. Commencement of terms of county officers--Vacancy occurring before commencement of term.
Except when otherwise expressly provided, the regular term of office for all county officers, when elected for a full term, shall commence on the first Monday in January next succeeding their election, except the office of county auditor, the term of which shall begin on the first Monday of March next succeeding his election. If the office to which any officer was elected be vacant at the time of his election, or becomes vacant after such election, even if he was not elected to fill a vacancy, he shall forthwith qualify and enter upon the duties of his office.
Source: SL 1870-1, ch 17, § 43; PolC 1877, ch 5, § 9; CL 1887, § 1379; RPolC 1903, § 1796; SL 1905, ch 75; RC 1919, § 7032; SDC 1939, § 48.0311.
7-7-1.1. County officers to be elected quadrenially--Staggered terms--Expiration of term for combined offices.
Unless otherwise provided by county charter, at primary and general elections there shall be nominated and elected in each organized county of this state county officers as follows:
(1) In 1974 and each fourth year thereafter, a sheriff, county auditor, and register of deeds;
(2) In 1976 and each fourth year thereafter, a treasurer, state's attorney, and coroner.
The terms of all such officers shall be four years, or until their successors have been duly elected and qualified. Nevertheless, the term of any county office, combined with another pursuant to § 7-7-1.2 or 7-7-1.3, shall expire on the first Monday of January following the ordinance authorizing the combination.
Source: SL 1973, ch 48, § 1; SL 1974, ch 56, § 1; SL 1976, ch 66, § 3; SL 1988, ch 65, § 1.
7-7-1.2. Combining county offices.
The board of county commissioners may, by ordinance, combine two or more county offices and that one person shall be elected to, and perform the duties of, the combined offices.
Source: SL 1976, ch 66, § 1; SL 1987, ch 67, § 4; SL 1988, ch 65, § 2.
7-7-1.3. First election of officer for combined office--Term--Salary.
If a majority of those voting shall approve the question at the special election pursuant to § 7-7-1.5 or if the offices are combined pursuant to § 7-7-1.2, an officer shall be nominated and elected at the next general election to the combined office in the same manner provided by law for the election of other county officers. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election. The salary of the elective officer shall be the higher of either office combined.
Source: SL 1976, ch 66, § 2; SL 1988, ch 65, § 3.
7-7-1.4. Appointment--Coroner.
Notwithstanding the provisions of § 7-7-1.1, the board of county commissioners in any county may, by resolution, appoint a coroner who shall serve at the pleasure of such board. However, no board of county commissioners may exercise the authority granted pursuant to this section unless:
(1) Not later than the April first preceding the election for coroner, the board, by resolution, adopts the appointment option; and
(2) The appointment of any appointed coroner may not take effect until the expiration of the term of office of any duly elected coroner.
Source: SL 1985, ch 49; SL 2021, ch 35, § 1; SL 2023, ch 22, § 1.
7-7-1.5. Submission of question of combined offices to voters--Procedure.
The board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question whether two or more county offices shall be combined and that one person shall be elected to, and perform the duties of, the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.
Source: SL 1988, ch 65, § 4.
7-7-1.6. Submitting to voters the question of combining with other counties a county office--Procedure.
Notwithstanding the provisions of § 7-7-1.1, the board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question of whether to combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.
Source: SL 1988, ch 65, § 5.
7-7-1.7. Nomination and election of officer to combined office--Term.
If a majority of those voting in each county shall approve the question provided in § 7-7-1.6 at the special election, an officer shall be nominated and elected at the next general election to the combined office provided for in § 7-7-1.6. The officer shall be voted upon by the voters of the counties that have resolved to combine such office. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election.
Source: SL 1988, ch 65, § 6.
7-7-1.8. Ordinance combining with other counties a county office.
Notwithstanding the provisions of § 7-7-1.1, the board of county commissioners may by ordinance combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices.
Source: SL 1988, ch 65, § 7.
7-7-1.9. Nomination and election of officer to combined office--Election--Term.
An officer shall be nominated and elected at the next general election to the combined office provided for in § 7-7-1.8. If the election submitted pursuant to § 7-7-1.5 is held at a primary election, each candidate for the vacant officer shall run as an independent candidate as provided in chapter 12-7, except that the petition filing deadline shall be the first Tuesday in August. The officer shall be voted upon by the voters of the counties that have resolved to combine the office. Such officer shall hold office for a term of four years commencing on the first Monday of January following the officer's election.
Source: SL 1988, ch 65, § 8; SL 2002, ch 74, § 4.
7-7-1.10. Procedure upon vacancy of a combined office.
If the offices are combined pursuant to § 7-7-1.2 and a vacancy occurs in one of the combined offices, the county commission shall appoint the remaining officer to hold the newly combined position until an officer can be nominated and elected.
Source: SL 1989, ch 65.
7-7-2. Hours of operation for county offices established by board of county commissioners--Exceptions.
The board of county commissioners shall, by resolution, establish the hours of operation for each county government office, except for the offices of the sheriff and state's attorney. The county auditor's office shall remain open, if requested by the person in charge of a school or municipal election, until the closing of the polls and the tabulation of votes for that election.
Source: SL 1943, ch 41; SL 1957, ch 499; SDC Supp 1960, § 65.0407; SL 1965, ch 309; SL 1974, ch 55, § 10; SL 1976, ch 68, § 1; SL 1978, ch 54, § 1; SL 2004, ch 68, § 1.
7-7-2.1. Closing of courthouse for emergency or severe weather.
The chair of the board of county commissioners may close the courthouse in case of emergency or severe weather. The public shall be adequately notified. An emergency for the purpose of this section is an unforeseen occurrence or combination of circumstances that calls for immediate action or remedy.
Source: SDCL § 7-7-2 as added by SL 1976, ch 68, §§ 1, 2; SL 2016, ch 45, § 1.
7-7-3. Compensation of county commissioners.
The method of payment, whether per diem or salary, and the amount of per diem or salary shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the per diem amount for each day they are actually and necessarily employed in the duties and business relating to county affairs and the duties of their office and in attending and returning from sessions of the board. The county commissioners shall be allowed mileage for the distance actually traveled in attending the meetings of the board, or when engaged in other official duties. The per diem shall be paid out of the general county fund. The per diem shall be set by the commission on the first regular meeting date in January of each year.
Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 1971, ch 42, § 1; SL 1974, ch 57, § 1; SL 1975, ch 71; SL 1978, ch 53, § 1; SL 1989, ch 64; SL 2007, ch 36, § 1.
7-7-4. Mileage allowance for county commissioners.
The county commissioners shall be paid traveling expenses for each mile traveled in the discharge of their official duties. For the purpose of this section, traveling expense incurred by county commissioners to attend meetings in the State of South Dakota, called for the purposes of instructing or exchange of information pertaining to county officers and government, are miles traveled in the discharge of their official duties.
Source: SL 1933, ch 70; SDC 1939, § 12.1710; SL 1943, ch 28, § 2; SL 1947, ch 38, § 2; SL 1951, ch 26, § 2; SL 1953, ch 22, § 6; SL 1968, ch 18, § 1; SL 1978, ch 52, § 1; SL 2015, ch 58, § 2.
7-7-5. Salary of county commissioners.
The board of county commissioners may determine the salary of the commissioners. Such salary may be set by the board of county commissioners at its first regular meeting of each year. If the board of county commissioners fails to determine a salary, then the salary of a county commissioner in any one year is:
(1) Seven thousand two hundred thirty-three dollars as per diem or salary in counties of thirty thousand population or over;
(2) Six thousand five hundred sixty-six dollars as per diem or salary in counties of fifteen thousand population and over and not more than thirty thousand population;
(3) Five thousand three hundred ninety-seven dollars as per diem or salary in counties of eight thousand population and over and not more than fifteen thousand population;
(4) Four thousand eight hundred ninety-six dollars as per diem or salary in counties of less than eight thousand population.
Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 1970, ch 44; SL 1973, ch 44; SL 1974, ch 57, § 2; SL 1974, ch 58, § 1; SL 1978, ch 53, § 2; SL 1982, ch 61, § 4; SL 1986, ch 63, § 3B; SL 1988, ch 66, § 1A; SL 1992, ch 52, § 1.
7-7-6. Compensation of county commissioners acting in drainage matters.
When the members of such commission shall act in drainage matters, the rate of compensation shall be set by the commission and the amount so received shall not be included in the compensation provided in § 7-7-5.
Source: SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 2007, ch 36, § 2.
7-7-7. Mileage allowance when commissioners travel together--Pooling of mileage allowances.
When the county commissioners travel in a body, or when two or more travel together, in the same vehicle not a common carrier only one shall be paid mileage.
The county commissioners may by an annual resolution, pool the mileage allowance as authorized by § 7-7-5 for each commissioner, and thereby authorize each commissioner to be paid his actual mileage expenses incurred, provided, however, that such total mileage expenditures for the fiscal year, for all commissioners shall not exceed the aggregate mileage expenses authorized by § 7-7-5.
Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1964, ch 25; SL 1967, ch 17, § 1.
7-7-8. Determination of population for county salary purposes.
The annual salaries of the county auditor, the county treasurer, and the register of deeds of the several counties of this state shall be regulated and fixed by the population of the several counties as shown by the last federal census.
Source: SL 1917, ch 188, § 1; RC 1919, § 5819; SL 1919, ch 148, § 2; SDC 1939, § 12.1705; SL 1961, ch 66, § 2.
7-7-9.1. Salary for county treasurer, auditor and register of deeds--Salaries not to be decreased during terms of office.
The board of county commissioners shall establish, by resolution, the salary payable to the county treasurer, county auditor, and county register of deeds. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:
County Population |
Salary Schedule |
Below 10,000 |
$33,825 |
10,000-14,999 |
$34,543 |
15,000-24,999 |
$35,952 |
25,000-69,999 |
$39,479 |
70,000 and over |
$42,561 |
The board of county commissioners may not decrease the salary of the county treasurer, county auditor, or county register of deeds during consecutive terms of office of the county treasurer, county auditor, or county register of deeds.
Source: SL 1981, ch 48, § 1; SL 1982, ch 61, § 3; SL 1983, ch 39, § 1; SL 1984, ch 44, § 1; SL 1985, ch 46, § 1; SL 1986, ch 63, § 1; SL 1988, ch 66, § 1; SL 1991, ch 57, § 2; SL 2001, ch 37, §§ 1, 3; SL 2007, ch 37, § 1, eff. Jan. 1, 2008; SL 2007, ch 37, § 2, eff. Jan. 1, 2009; SL 2013, ch 31, § 1, eff. Jan. 1, 2014; SL 2013, ch 31, § 2, eff. Jan. 1, 2015.
7-7-10.1. Salary for combination of two or more elected positions.
Salary for combination of two or more elected positions. The board of county commissioners shall establish, by resolution, the salary payable for the combination of two or more of the following county elected positions. The salary payable may not be less than the minimum salary provided by this section as based upon the most recent decennial federal census of population for counties.
For the combination of two of the following: county treasurer, county auditor, or county register of deeds, the minimum salary for counties shall be:
County Population |
Salary Schedule |
Below 10,000 |
$35,551 |
10,000-14,999 |
$37,529 |
15,000-24,999 |
$39,505 |
25,000-69,999 |
$43,452 |
70,000 and over |
$47,401 |
For the combination of all three of the following: county treasurer, county auditor, and county register of deeds, the minimum salary for counties shall be:
County Population |
Salary Schedule |
Below 10,000 |
$38,187 |
10,000-14,999 |
$40,160 |
15,000-24,999 |
$42,135 |
25,000-69,999 |
$46,086 |
70,000 and over |
$51,353 |
Source: SL 2001, ch 37, § 5; SL 2007, ch 37, § 3, eff. Jan. 1, 2008; SL 2007, ch 37, § 4, eff. Jan. 1, 2009; SL 2013, ch 31, § 3, eff. Jan. 1, 2014; SL 2013, ch 31, § 4, eff. Jan. 1, 2015.
7-7-12. Salary for state's attorney--Contract for services--Prohibitions.
The board of county commissioners shall establish, by resolution, the salary payable to the state's attorney. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:
County Population | Salary Schedule |
Below 5,000 | $34,554 |
5,000 - 9,999 | $37,673 |
10,000 - 20,000 | $44,492 |
20,000 - 49,999 | $47,728 |
In counties of over fifty thousand population where a full-time state's attorney is required or in counties where the commissioners designate the position full-time the sum of seventy-one thousand five hundred thirty-four dollars per year. In counties of less than fifty thousand population the commissioners may designate the position full-time. The decision by the commissioners shall be adopted prior to the first day of January in the year of the election and may only be amended for that term of office with the consent of both the state's attorney and the commissioners. If no state's attorney is elected to the office at any general election, the board of county commissioners may contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners. The board of county commissioners may not decrease the salary of the state's attorney during consecutive terms of office of the state's attorney.
Source: SDC 1939, § 12.1707; SL 1941, ch 32, § 2; SL 1943, ch 29, § 2; SL 1947, ch 39, § 3; SL 1953, ch 22, § 3; SL 1957, ch 23, § 2; SL 1961, ch 34; SL 1963, ch 45; SL 1964, ch 27; SL 1965, ch 27, § 2; SL 1966, ch 26, § 1; SL 1968, ch 17, § 1; SL 1970, ch 45; SL 1972, ch 39, § 1; SL 1974, ch 60; SL 1975, ch 73; SL 1977, ch 59, § 2; SL 1978, ch 53, § 4; SL 1979, ch 40, § 1; SL 1980, ch 53, § 2; SL 1981, ch 49, § 1; SL 1982, ch 61, § 2; SL 1982, ch 62, § 1; SL 1983, ch 39, § 2; SL 1984, ch 44, § 2; SL 1985, ch 46, § 2; SL 1986, ch 63, § 2; SL 1988, ch 67, § 1; SL 1991, ch 57, § 3; SL 2002, ch 41, §§ 1, 3; SL 2007, ch 37, § 5, eff. Jan. 1, 2008; SL 2007, ch 37, § 6, eff. Jan. 1, 2009; SL 2013, ch 31, § 5, eff. Jan. 1, 2014; SL 2013, ch 31, § 6, eff. Jan. 1, 2015; SL 2020, ch 24, § 1.
7-7-14. Determination of population of newly created or organized county.
The population of the counties of this state as the basis of salaries of county officers shall be determined by the last federal census. In all counties created or organized since the last federal census has been taken, the county commissioners shall provide for the taking of the census of such county as soon as the creation or organization of such county is completed and the expense thereof shall be paid by the county. The compensation of the persons authorized by the board of county commissioners to take such census shall be fixed by the board and the census so taken shall govern as a basis for the salaries of the officers of such county until the next federal census is taken.
Source: SL 1903, ch 104; SL 1911, ch 199; SL 1915, ch 131; RC 1919, § 5818; SL 1919, ch 148, § 1; SDC 1939, § 12.1703.
7-7-17. Salaries as full compensation--Fees paid into treasury.
Except as provided in subdivision 7-8-20(11), the salaries provided in § 7-7-9.1 shall be full compensation for all services rendered by such county officials. All fees and per diem collected by any such county officials shall be paid to the county treasurer of their respective counties.
Source: SL 1919, ch 148, § 2; SDC 1939, § 12.1705; SL 1961, ch 66, § 2; SL 1989, ch 30, § 12; SL 1990, ch 30, § 4.
7-7-20. Authorization for employment of deputies and clerks--Payment of compensation.
If in the judgment of the board of county commissioners it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the county treasurer, county auditor, county coroner, or register of deeds that deputies or clerks be employed therein, it shall by resolution fix the number of deputies or clerks to be employed, the time of employment, and compensation which they shall receive. Such compensation shall be paid monthly by warrant on the general fund.
Source: SL 1887, ch 10, § 8; CL 1887, § 653; SL 1890, ch 134, § 5; RPolC 1903, §§ 883, 890; SL 1917, ch 188, § 7; SL 1917, ch 189, § 4; RC 1919, § 5906; SDC 1939, § 12.1601; SL 1955, ch 21; SL 1968, ch 16, § 1; SL 1971, ch 44, § 2.
7-7-21. Appointment and removal of deputies and clerks--Oath of office and bond.
The officer in whose office a deputy or clerk is employed may appoint or remove a deputy or clerk at pleasure. The appointment or removal shall be by a certificate in writing, and any deputy or clerk appointed shall before entering upon the duties of office, take and subscribe the oath or affirmation required by the Constitution. The oath or affirmation shall be endorsed on the certificate of appointment and filed as provided by law. The deputy or clerk shall furnish an official bond in an amount and with surety as the principal deems proper. The bond shall be attached to the certificate of appointment and oath of office.
Source: SL 1887, ch 10, § 8; CL 1887, § 653; SL 1890, ch 134, § 5; RPolC 1903, §§ 883, 890; SL 1917, ch 188, § 7; SL 1917, ch 189, § 4; RC 1919, § 5906; SDC 1939, § 12.1601; SL 1955, ch 21; SL 2016, ch 44, § 4.
7-7-22. Powers of deputies--Responsibility of elected officer.
Such deputies are authorized to sign all papers and do all other things which the officers themselves may do respectively, and the respective officers shall be responsible for the acts of their respective deputies.
Source: SL 1887, ch 10, § 8; CL 1887, § 653; RPolC 1903, § 890; RC 1919, § 5906; SDC 1939, § 12.1601; SL 1955, ch 21.
7-7-23. Officer receiving salary of deputy or clerk as theft.
Any officer who receives or appropriates for the officer's own use and benefit any part of the salary allowed any deputy or clerk employed under the provisions of this title is guilty of theft.
Source: SL 1887, ch 10, § 8; SL 1890, ch 134, § 5; RPolC 1903, § 883; SL 1917, ch 189, § 4; RC 1919, § 5906; SDC 1939, § 12.9903; SL 1981, ch 43, § 2; SL 2016, ch 44, § 5.
7-7-24. Mileage allowance to county officials.
All county officials, except sheriffs, shall be paid for traveling expenses for each mile traveled in the discharge of their official duties.
Source: SL 1933, ch 70; SDC 1939, § 12.1710; SL 1943, ch 28, § 2; SL 1947, ch 38, § 2; SL 1947, ch 39, § 8; SL 1951, ch 26, § 2; SL 1953, ch 22, § 6; SL 1968, ch 18, § 1; SL 1974, ch 58, § 2; SL 1976, ch 71, § 6; SL 1978, ch 52, § 3; SL 2015, ch 58, § 1.
7-7-25. Meetings of county officials for advancement of county government--Authorization.
County commissioners, county highway superintendents, county auditors, county treasurers, registers of deeds, state's attorneys, sheriffs, county assessing officers, and county coroners are hereby authorized to attend educational conferences, meetings, and conventions held and conducted within or without the State of South Dakota pertaining to the betterment and advancement of county government as authorized by resolution of the board of county commissioners.
Source: SL 1931, ch 119; SL 1933, ch 69, § 1; SDC 1939, § 12.1913; SL 1951, ch 28; SL 1953, ch 25; SL 1959, ch 30; SL 1961, ch 36; SL 1964, ch 29; SL 1965, ch 28, § 1; SL 1968, ch 16, § 2; SL 1972, ch 40, § 1; SL 1974, ch 55, § 11; SL 1975, ch 75, § 1.
7-7-26. Prior authorization required for reimbursement of expenses for attending meetings--Vouchers for payment.
No charge for expenses in attending any such meetings shall be a charge against the county unless authorized and approved by the county commissioners prior to convening of any such meeting. Upon the actual attendance at such meetings, conferences, or conventions, all county officers as designated in § 7-7-25 shall be paid their actual necessary expenses on duly executed vouchers submitted to the board.
Source: SL 1931, ch 119; SDC 1939, § 12.1913; SL 1951, ch 28; SL 1953, ch 25; SL 1959, ch 30; SL 1961, ch 36; SL 1964, ch 29; SL 1965, ch 28, § 1; SL 1968, ch 16, § 2.
7-7-27. Payments for research to county commissioners' associations and educational institutions.
The boards of county commissioners may make payment to the South Dakota county commissioners' and officials' associations for the conduct of research on local government, the employment of research and other personnel, the publication of research studies, and the provision for office expenses. State supported educational institutions may be given financial assistance to conduct research as authorized by this section.
Source: SDC 1939, § 12.1913 as added by SL 1953, ch 25; SL 1959, ch 30; omitted SL 1961, ch 36, § 1; restored SL 1964, ch 29; SL 1965, ch 28, § 1; SL 1968, ch 16, § 2; SL 1972, ch 40, § 2; SL 1994, ch 60, § 1.
7-7-28. Formation of association of county commissioners and elected officials--Powers of association--Appropriations for dues.
The county commissioners and elected officials of any county may join with the commissioners and elected officials of other counties in formation of an association of county commissioners and elected officials of this state for the purpose of securing concerted action among the counties in behalf of such matters, measures and county affairs as the associations deem to be beneficial to and in the common interest of the counties. Such associations may hold meetings for the discussion and consideration of matters as affect the welfare of the counties.
The board of county commissioners may annually appropriate funds for the payment of reasonable annual dues in any such association.
Source: SDC 1939, § 12.1913 as added by SL 1961, ch 36; omitted SL 1964, ch 29; restored SL 1965, ch 28, § 1; SL 1972, ch 40, § 3; SL 1994, ch 60, § 2.
7-7-29. Local government records destruction board.
The county may create a local government records destruction board to develop record management plans for the consideration of the state records destruction board.
The local board shall consist of a county commissioner, the auditor, the treasurer, and the register of deeds.
Source: SL 1981, ch 10, § 2.
CHAPTER 7-8
COUNTY COMMISSIONERS
7-8-1 Number and terms of office of commissioners--Staggered terms.
7-8-2 Commissioners elected by voters of district--Moving from district or failing to attend meetings creates vacancy.
7-8-2.1 7-8-2.1. Repealed by SL 1979, ch 45, § 2.
7-8-2.2 Candidate to be resident of district at time of signing declaration of candidacy.
7-8-3 Change in number of commissioners--Petition and submission at election.
7-8-4 Form of ballot on increase of number of commissioners.
7-8-5 Form of ballot on decrease in number of commissioners.
7-8-6 Redistricting and transition after increase in number of commissioners.
7-8-7 Redistricting and transition after decrease in number of commissioners.
7-8-8 Continuance in office of commissioners elected before change in number of commissioners.
7-8-9 7-8-9. Repealed by SL 2003, ch 40, § 4.
7-8-10 Decennial revision of commissioner districts.
7-8-11 Continuance in office of commissioners elected before decennial redistricting--Designation of district represented--Elections in other districts.
7-8-12 Publication and posting of notice of decennial redistricting.
7-8-12.1 Question as to legality of commissioner districts--Request grant of permission to revise boundaries.
7-8-12.2 Order affirming good cause exists for redistricting--Authorization for revision.
7-8-12.3 Revision of county commission districts--Notice.
7-8-13 7-8-13. Repealed by SL 1974, ch 55, § 50.
7-8-14 Meetings--County commission--Special sessions.
7-8-15 Chair and vice chair--Election--Vacancy--Duties.
7-8-16 Repealed.
7-8-17 Recording of votes by county commissioners.
7-8-18 Tie vote of commissioners.
7-8-19 Preservation of order by county board--Enforcement of obedience to orders.
7-8-20 General powers of county commissioners.
7-8-20.1 Rewards for aid in arrest and conviction of felons.
7-8-20.2 Determination by commissioners of right to reward--Payment.
7-8-21 7-8-21. Repealed by SL 1988, ch 64, § 9.
7-8-22 7-8-22. Repealed by SL 2015, ch 58, § 3.
7-8-23 Rights-of-way on highways granted by county commissioners.
7-8-24 Memorial Day observance.
7-8-25 Distribution of surplus commodities.
7-8-26 Hospital and medical insurance contracts for county officers and employees.
7-8-26.1 Life and health insurance contracts for county officers and employees.
7-8-26.2 Health self-insurance plan for county officers and employees.
7-8-26.3 Annual report of self-insurance system--Audit.
7-8-26.4 Individual hospital, medical, or health insurance contracts for county officers and employees.
7-8-26.5 Reinsurance arrangement required for self-insurance.
7-8-27 Appeal to circuit court from county commissioners--Bond for costs.
7-8-28 State's attorney's appeal from action of county commissioners.
7-8-29 Time allowed for appeal--Service of notice--Transcript of proceedings.
7-8-30 Filing of appeal and transcript--Docketing--Hearing and determination.
7-8-31 Circuit court judgment and order on appeal from county commissioners.
7-8-32 Appeal as exclusive remedy--Restrictions.
7-8-33 Declaration and abatement of nuisances by county.
7-8-38 County revenues--Economic development.
7-8-39 Establishment of public works program to provide income for payment of property taxes.
7-8-40 Conditions of public works program for payment of property taxes--Participation.
7-8-41 Passport applications--Assistance by county employees.
7-8-1. Number and terms of office of commissioners--Staggered terms.
Each organized county shall have a board of commissioners consisting of not less than three nor more than seven members, each of whom shall be elected at a general election only and whose term of office shall be four years commencing on the first Tuesday of January following election. Any commissioner who represents an even-numbered district shall run for election at the general election at which the President is elected; any commissioner who represents an odd-numbered or unnumbered district shall run for election at the general election at which the Governor is elected.
Source: SDC 1939, § 12.0601; SL 1998, ch 39, § 1.
7-8-2. Commissioners elected by voters of district--Moving from district or failing to attend meetings creates vacancy.
The nomination and election of county commissioners shall be by a vote of the voters of the district of which such candidate is a resident voter. However, if any county commissioner moves from the district to which such person was elected or if any county commissioner fails to attend the commission meetings for four consecutive months, the office shall be declared vacant and such vacancy shall be filled pursuant to chapter 3-4.
Source: SDC 1939, § 12.0602; SL 1982, ch 63; SL 1995, ch 38, § 1; SL 2001, ch 21, § 2.
7-8-2.2. Candidate to be resident of district at time of signing declaration of candidacy.
Any candidate for commissioner shall be a resident of the district for which the person is a candidate at the time the candidate signs the declaration of candidacy as required by § 12-6-8.
Source: SL 2000, ch 33, § 1.
7-8-3. Change in number of commissioners--Petition and submission at election.
The number of county commissioners of any county may be increased to five or seven or reduced to five or three. If fifteen percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, petition the board of county commissioners for an increase or decrease in the number of county commissioners, the board shall submit the question to a vote of the voters of the county at the next general election. Notice of the submission of such question shall be given in the notice of the general election.
Source: SDC 1939 § 12.0603; SL 1987, ch 67, § 5; SL 1998, ch 39, § 2; SL 2003, ch 40, § 1.
7-8-4. Form of ballot on increase of number of commissioners.
If the petition is for an increase in the number of commissioners, the proposition shall be submitted by separate ballot in the following form:
Ballot on Increase in Number of County Commissioners and Commissioners' Districts
(Place x or in square at left of your choice).
G For five commissioners.
G Against five commissioners.
Source: SL 1937, ch 88, § 1; SDC 1939, § 12.0603.
7-8-5. Form of ballot on decrease in number of commissioners.
If it is for reduction, the proposition shall be submitted by separate ballot in the following form:
Ballot on Decrease in Number of County Commissioners and Commissioners' Districts
(Place x or in square at left of your choice).
G For three commissioners.
G Against three commissioners.
Source: SL 1937, ch 88, § 1; SDC 1939, § 12.0603.
7-8-6. Redistricting and transition after increase in number of commissioners.
If at such election a majority of all votes cast is for an increase, the board within one hundred eighty days after the votes have been canvassed shall redistrict the county into numbered districts. As to any members of such board whose terms of office extend for an additional two years beyond the next general election, the tenure of office is not affected, and in redistricting the county the board shall designate the districts to be represented by such members. The commissioner shall be a resident of the district that the commissioner is designated to represent. Each district for which representation is not provided by such designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in § 7-8-1.
Source: SDC 1939 § 12.0604; SL 1998, ch 39, § 3; SL 2003, ch 40, § 2.
7-8-7. Redistricting and transition after decrease in number of commissioners.
If the election results in a majority for a decrease, the five or seven districts are thereby abolished and the board, within one hundred eighty days after the votes have been canvassed, shall redistrict the county into three or five numbered districts from each of which districts a commissioner shall be elected at the next general election, the term of office to be determined as provided in § 7-8-1.
Source: SDC 1939 § 12.0605; SL 1998, ch 39, § 4; SL 2003, ch 40, § 3.
7-8-8. Continuance in office of commissioners elected before change in number of commissioners.
When a county is redistricted as provided by § 7-8-6 or 7-8-7, the commissioners serving shall continue until their successors are elected or appointed and qualified and the previous district boundaries and commission shall, during such interval, continue for all purposes, except nomination and election of commissioners.
Source: SDC 1939, § 12.0606.
7-8-10. Decennial revision of commissioner districts.
The board of county commissioners, at its regular meeting in December of each year ending in the numeral 1, or within three months of the federal decennial census data becoming available, and after giving notice by publication for one week in the official newspapers of the county, shall change the boundaries of the commissioner districts if the change is necessary in order that each district is as regular and compact in form as practicable. The board shall divide and redistrict its county that each district complies with the Equal Protection Clause of the Fourteenth Amendment, as determined by the last preceding federal decennial census; or the board may, at that time, choose to have commissioners elected at large. The board may choose to have its members elected from single-member districts, from multi-member districts, or from a hybrid plan of single- and multi-member districts.
Source: SL 1890, ch 66, § 1; RPolC 1903, § 813; SL 1915, ch 124; RC 1919, § 5864; SL 1937, ch 75; SL 1937, ch 88, § 4; SDC 1939, § 12.0608; SL 1966, ch 22; SL 1982, ch 64, § 1; SL 2022, ch 19, § 1.
7-8-11. Continuance in office of commissioners elected before decennial redistricting--Designation of district represented--Elections in other districts.
Upon such redistricting, as to any member or members of such board whose term or terms of office extend for an additional two years beyond the next election, the tenure of office shall not be affected, and in redistricting the county such board shall designate the district or districts to be represented by such member or members, the district or districts so designated to be a district or districts which would elect a commissioner at the next general election following that to be held in the year of such redistricting. Such commissioner may or may not be a resident of the district he is designated to represent. Each district for which representation is not provided by such designation or designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in § 7-8-1.
Source: SL 1890, ch 66, § 1; RPolC 1903, § 813; SL 1915, ch 124; RC 1919, § 5864; SL 1937, ch 75; SL 1937, ch 88, § 4; SDC 1939, § 12.0608; SL 1966, ch 22.
7-8-12. Publication and posting of notice of decennial redistricting.
Whenever the board of county commissioners shall change the boundaries of any commissioner district, as provided in § 7-8-10, it shall publish notice of such change giving the boundaries of the new districts for at least two consecutive weeks in the official paper or papers of the county and when no paper is published in the county, the board shall cause notices to be posted in at least three public places in each commissioner district of which the boundaries have been changed.
Source: SL 1890, ch 66, § 2; RPolC 1903, § 814; RC 1919, § 5865; SDC 1939, § 12.0609; SL 1972, ch 81, § 2.
7-8-12.1. Question as to legality of commissioner districts-Request grant of permission to revise boundaries.
Notwithstanding the provisions of § 7-8-10, if a majority of the board of county commissioners of any county become aware of facts that call into question whether the county's commissioner districts comply with state or federal law, the board of county commissioners may request that the Governor and secretary of state grant the board permission to revise the boundaries of the county commissioner districts.
Source: SL 2005, ch 43, § 1.
7-8-12.2. Order affirming good cause exists for redistricting--Authorization for revision.
The Governor and secretary of state, after consultation with the board of county commissioners, may jointly issue to the board of county commissioners a written order affirming that good cause exists for redistricting and authorizing the board of county commissioners to revise the county's commission districts based on information from the last preceding federal decennial census.
Source: SL 2005, ch 43, § 2.
7-8-12.3. Revision of county commission districts--Notice.
The board of county commissioners may, within one hundred eighty days of receipt of such written order, redistrict the county's commission districts once to avoid any perceived or potential violation of state or federal law. The commissioners may change the boundaries of the commissioner districts in order that each district is as regular and compact in form as practicable and shall redistrict the county so that each commission district complies with the Equal Protection Clause of the Fourteenth Amendment, as determined by the last preceding federal decennial census; or the board may, at that time, choose to have commissioners elected at large. The board may choose to have its members elected from single-member districts, from multi-member districts, or from a hybrid plan of single- and multi-member districts. Redistricting may occur only after giving notice by publication for at least one week in the official newspapers of the county.
Source: SL 2005, ch 43, § 3; SL 2022, ch 19, § 2.
7-8-14. Meetings--County commission--Special sessions.
The board of county commissioners shall meet and hold sessions, as open meetings in accordance with chapter 1-25, for the transaction of business at the courthouse or at any other suitable location in the county on at least a quarterly basis in January, April, July, and October of each year. The board may hold as many regular meetings throughout the year as necessary to transact business. The county auditor or the chair of the board of county commissioners may call special sessions if the interests of the county demand it by giving notice of the special session to each county commissioner and the public in accordance with § 1-25-1.1.
Source: SDC 1939, § 12.0611; SL 1963, ch 36; SL 1998, ch 40, § 1; SL 2019, ch 49, § 1; SL 2021, ch 36, § 1.
7-8-15. Chair and vice chair--Election--Vacancy--Duties.
At the first meeting of the board of county commissioners in each year, the board shall elect a chair and vice chair. The chair shall continue to serve as chair until a successor is elected. If there is a vacancy for the chair or vice chair from any cause, the board shall elect another chair or vice chair.
The chair or, in the chair's absence, the vice chair shall preside at the meetings of the board and sign all orders and claims approved by the board.
Source: SL 1874-5, ch 27, §§ 50, 51; PolC 1877, ch 21, §§ 19, 20; CL 1887, §§ 580, 581; RPolC 1903, §§ 818, 819; RC 1919, §§ 5869, 5870; SDC 1939, § 12.0613; SL 1975, ch 76, § 1; SL 2010, ch 34, § 1.
7-8-16. Repealed.
Source: SDC 1939, § 12.0612; SL 1983, ch 40; SL 1999, ch 31, § 1; SL 2021, ch 36, § 2.
7-8-17. Recording of votes by county commissioners.
Whenever any board of county commissioners shall act upon any petition, adopt any resolution, make any appointment to fill any vacancy in a county office, or enter any final order in any proceedings pending before any such board, the members shall vote by yeas and nays and a record of such votes shall be kept by the county auditor who shall include the same in the published report of the minutes containing the record of any such action, resolution, appointment, or order.
Source: SL 1919, ch 152; SDC 1939, § 12.0614.
7-8-18. Tie vote of commissioners.
When the board of county commissioners is equally divided on any question, it shall defer a decision until the next meeting of the board and the matter shall then be decided by a majority of the board.
Source: SL 1874-5, ch 27, § 7; PolC 1877, ch 21, § 21; CL 1887, § 582; RPolC 1903, § 820; RC 1919, § 5871; SDC 1939, § 12.0615.
7-8-19. Preservation of order by county board--Enforcement of obedience to orders.
The board of county commissioners may preserve order when sitting as a board. The board may enforce obedience to all its orders by attachment or other compulsory process.
Source: SL 1874-5, ch 27, § 9; PolC 1877, ch 21, § 23; CL 1887, § 584; RPolC 1903, § 822; RC 1919, § 5873; SDC 1939, § 12.0616 (1) to (7), (12); SL 1981, ch 44, § 4; SL 2016, ch 45, § 3.
7-8-20. General powers of county commissioners.
In addition to others specified by law, the board of county commissioners shall have power:
(1) To institute and prosecute civil actions in the name of the county, for and on behalf of the county;
(2) To make orders respecting the care and preservation of all property belonging to the county and to sell any real property of the county when authorized by law so to do;
(3) To levy a tax not exceeding the amount authorized by law, and to liquidate indebtedness;
(4) To audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated for its benefit;
(5) To construct and repair bridges; to open, lay out, vacate, and change highways; to purchase or acquire grounds for courthouse, jail, or other building sites, locate or relocate the courthouse on such sites; to establish election precincts in its county and appoint the judges of election; and, as a board of equalization, to equalize the assessment roll of its county in the manner provided by law;
(6) To furnish necessary blank books, blanks, and stationery for the county auditor, register of deeds, county treasurer, state's attorney, sheriff, and other elected or appointed county officers, to be paid out of the county treasury; also a fireproof safe or vaults, when in its judgment the same shall be advisable, in which to keep all the books, records, vouchers, and papers pertaining to the business of the board;
(7) To superintend the fiscal concerns of the county and secure their management in the best possible manner;
(8) To regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, to establish the number of on-sale licenses which may be issued, to provide for reasonable classification of on-sale licenses and fix the fees to be charged for the licenses consistent with the provisions of Title 35;
(9) To make ordinances prohibiting the sale or exhibition of any obscene matter; however, no county resolution shall be effective in any incorporated area within said county;
(10) To do and perform such other duties and acts as it is or may hereafter be required to do and perform;
(11) To provide additional compensation to the county treasurer, county auditor, county register of deeds, state's attorney, and sheriff. This compensation shall be in addition to the salaries prescribed in §§ 7-7-9.1, 7-7-12, and 7-12-15;
(12) To provide office space, in addition to that provided in the county courthouse, for state's attorneys, appointed officials of the county and other employees;
(13) To receive and administer grants, loans and assistance and to enter into agreements for cooperative action, with or on behalf of any public agency or nonprofit organization, to establish, promote and support community development;
(14) To enact ordinances to regulate and prevent the placing of ashes, dirt, garbage or any offensive matter in any highway or public ground or in any body or stream of water within the county, but outside of an incorporated municipality or outside of the one mile limits of any incorporated municipality;
(15) To enact ordinances to regulate and compel the cleansing, abatement or removal of any sewer, cesspool or any unwholesome or nauseous thing or place;
(16) To license and regulate transient merchants, hawkers, solicitors, peddlers, itinerant vendors, and every person retailing tangible personal property or services, unless such business is carried on exclusively within the boundaries of a municipality or is carried on through home solicitation or from a fixed permanent location and place of business in this state where such goods and services are offered on a continuing basis;
(17) To enact by ordinance, for any portion of the county which is zoned, certain building codes pursuant to § 11-10-5;
(18) To prohibit or restrict open burning, after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety.
Source: SDC 1939, § 12.0617; SL 1971, ch 45, § 1; SL 1974, ch 61, § 1; SL 1981, ch 44, § 5; SL 1981, ch 50; SL 1982, ch 65; SL 1985, ch 47; SL 1987, ch 29, § 2; SL 1987, ch 68; SL 1989, ch 30, § 13; SL 1991, ch 58, § 1; SL 1993, ch 64; SL 1995, ch 81, § 1; SL 1998, ch 77, § 2; SL 2001, ch 47, § 2; SL 2001, ch 187, § 2; SL 2010, ch 183, § 9.
7-8-20.1. Rewards for aid in arrest and conviction of felons.
The county commissioners of any county in this state may offer a standing reward of not more than five thousand dollars for evidence leading to the arrest and conviction of any person or persons guilty of any felony under the laws of this state. They may also in their discretion offer special rewards in reasonable amounts for the purpose of securing the arrest and conviction of any person or persons charged with a felony in any particular case.
Source: SL 1905, ch 134; SL 1911, ch 192; RC 1919, § 5903; SL 1919, ch 147; SL 1921, ch 165; SDC 1939, § 12.1910; SDCL, § 23-13-15; SL 1978, ch 164, § 2.
7-8-20.2. Determination by commissioners of right to reward--Payment.
Applications for a reward authorized by § 7-8-20.1 or any part thereof shall be filed with the county commissioners who shall determine the rights of the applicants thereto and cause warrants to be issued upon the general fund of the county for such portion of the reward as is found to be due thereon.
Source: SL 1919, ch 147; SL 1921, ch 165; SDC 1939, § 12.1910; SDCL, § 23-13-16; SL 1978, ch 164, § 4.
7-8-23. Rights-of-way on highways granted by county commissioners.
The board of county commissioners may grant the right of constructing, laying, maintaining, and operating on any highway under its jurisdiction, pipelines and gas mains for the transportation of natural or artificial gas.
Source: SL 1929, ch 152, § 1; SDC 1939, § 12.0617(11); SL 1987, ch 210, § 4.
7-8-24. Memorial Day observance.
The board of county commissioners may appropriate funds for the observance of Memorial Day each year.
Source: SL 1907, ch 187, § 1; RC 1919, § 5901; SDC 1939, § 12.0617 (8); SL 2016, ch 45, § 2.
7-8-25. Distribution of surplus commodities.
The board of county commissioners shall have power to cooperate with the federal or state government or any duly constituted agency thereof by expending moneys for the care and distribution of federal surplus commodities, employing clerical help, office space, office supplies and equipment, telephone, and telegrams, and other incidental expenses and to pay for same out of the general fund and such cooperation shall include fixing of responsibility by designation of a single administrator or officer for the purpose of determining eligibility and supervising distribution and accountability, or the board may request the division of social welfare in writing to determine eligibility, relative to surplus commodities for the needy as defined in Title 28 and acts amendatory thereto.
Source: SL 1935, ch 75, § 1; SDC 1939, § 12.0617 (9); SL 1939, ch 20, § 1; SL 1964, ch 22.
7-8-26. Hospital and medical insurance contracts for county officers and employees.
The board of county commissioners may enter into group hospital and medical insurance contracts for the protection and benefit of its officers and employees, and the immediate families of those officers and employees. The board may pay all or part of the necessary premiums for its officers and employees and for the immediate families of those officers and employees.
Source: SDC 1939, § 12.0617 (13) as added by SL 1957, ch 17; SL 1983, ch 41, § 1; SL 1991, ch 59, § 1.
7-8-26.1. Life and health insurance contracts for county officers and employees.
The board of county commissioners may enter into group life and group health insurance contracts for the protection and benefit of its officers and employees, and their immediate families. The board may pay all or part of the necessary premiums for its officers and employees and for the immediate families of those officers and employees.
Source: SDC 1939, § 12.0617 as added by SL 1969, ch 19; SL 1983, ch 41, § 2; SL 1983, ch 42, § 1; SL 1991, ch 59, § 2.
7-8-26.2. Health self-insurance plan for county officers and employees.
A board of county commissioners may elect to provide group health insurance for its officers and employees and their immediate families under a plan of self-insurance in whole or in part. Any county self-insuring pursuant to this section shall purchase sufficient stop loss insurance and maintain sufficient reserves to ensure the availability of funds for the payment of benefits provided under the self-funded plan.
Source: SL 1983, ch 42, § 2; SL 1994, ch 61, § 1; SL 2013, ch 32, § 1.
7-8-26.3. Annual report of self-insurance system--Audit.
Any self-insurance system created pursuant to § 7-8-26.2 shall publish an annual report. The financial statements contained in the report required by this section shall be audited by an independent certified public accountant.
Source: SL 1983, ch 42, § 3.
7-8-26.4. Individual hospital, medical, or health insurance contracts for county officers and employees.
If a county officer or employee can demonstrate to the county commission of a condition which will leave the officer or employee uninsurable upon termination of employment with the county and elects not to participate in the group hospital, medical, or health insurance plans authorized by §§ 7-8-26 and 7-8-26.1, the board of county commissioners may enter into individual hospital, medical, or health contracts to provide for the protection and benefit of the officer or employee and the officer or employee's immediate family. The board may pay all or part of the necessary premiums for the coverage of the officer or employee and the officer or employee's immediate family. However, the monthly premium for an individual contract may not exceed the monthly premium for the group plan established in the county pursuant to §§ 7-8-26 and 7-8-26.1.
Source: SL 1984, ch 45; SL 2016, ch 44, § 6.
7-8-26.5. Reinsurance arrangement required for self-insurance.
No county or group of counties may provide group health insurance under a plan of self-insurance pursuant to § 7-8-26.2 unless the county or group of counties has a reinsurance arrangement.
Source: SL 1994, ch 61, § 3.
7-8-27. Appeal to circuit court from county commissioners--Bond for costs.
From all decisions of the board of county commissioners upon matters properly before it, there may be an appeal to the circuit court by any person aggrieved upon filing a bond in the amount of two hundred fifty dollars with one or more sureties to be approved by the county auditor conditioned that the appellant shall prosecute the appeal without delay and pay all costs that he may be adjudged to pay in the circuit court. Such bond shall be executed to the county and may be sued in the name of the county upon breach of any condition therein.
Source: SL 1874-5, ch 27, § 30; PolC 1877, ch 21, § 46; SL 1883, ch 5, § 1; CL 1887, § 610; RPolC 1903, § 850; RC 1919, § 5886; SDC 1939, § 12.0618; SL 1985, ch 15, § 22.
7-8-28. State's attorney's appeal from action of county commissioners.
Upon written demand of at least fifteen taxpayers of the county, the state's attorney shall take an appeal from any action of such board if such action relates to the interests or affairs of the county at large or any portion thereof, in the name of the county, if he deems it to the interest of the county so to do; and in such case no bond need be required or given and upon serving the notice provided for in § 7-8-29, the county auditor shall proceed the same as if a bond had been filed and his fees for making the transcript shall be paid as other claims by the county.
Source: SL 1874-5, ch 27, § 30; PolC 1877, ch 21, § 46; SL 1883, ch 5, § 1; CL 1887, § 610; RPolC 1903, § 850; RC 1919, § 5886; SDC 1939, § 12.0618; SL 1984, ch 46.
7-8-29. Time allowed for appeal--Service of notice--Transcript of proceedings.
Such appeal shall be taken within twenty days after the publication of the decision of the board by serving a written notice on one of the members of the board, when the appeal is taken by any person aggrieved by the decision of the board, and upon the person or persons affected by the decision of the board when the appeal is taken by the state's attorney; and the county auditor shall upon the filing of the required bond and the payment of his fees, which shall be the same as allowed registers of deeds for like services, make out a complete transcript of the proceedings of the board relating to the matter of its decision and deliver the same to the clerk of courts.
Source: SL 1874-5, ch 27, § 31; PolC 1877, ch 21, § 47; CL 1887, § 611; RPolC 1903, § 851; RC 1919, § 5887; SL 1921, ch 160; SDC 1939, § 12.0619.
7-8-30. Filing of appeal and transcript--Docketing--Hearing and determination.
An appeal and transcript, if a transcript exists, shall be filed by the auditor as soon as practicable and shall stand for trial as soon as possible.
Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to § 11-2-61.1.
Source: SL 1868-9, ch 4, §§ 33, 34; SL 1874-5, ch 27, §§ 32, 33; PolC 1877, ch 21, §§ 48, 49; CL 1887, §§ 612, 613; RPolC 1903, §§ 852, 853; RC 1919, §§ 5888, 5889; SDC 1939, § 12.0620; SL 2018, ch 68, § 3.
7-8-31. Circuit court judgment and order on appeal from county commissioners.
The circuit court may make a final judgment and cause the same to be executed or may send the same back to the board of county commissioners with an order how to proceed, and require such board to comply therewith by mandamus or attachment as for contempt.
Source: SL 1868-9, ch 4, § 35; SL 1874-5, ch 27, § 34; PolC 1877, ch 21, § 50; CL 1887, § 614; RPolC 1903, § 854; RC 1919, § 5890; SDC 1939, § 12.0620.
7-8-32. Appeal as exclusive remedy--Restrictions.
Appeal to the circuit court from decisions of the board of county commissioners, as provided in this chapter, is an exclusive remedy. Judicial review of county commission action shall be allowed only as provided in §§ 7-8-27, 7-8-28, 7-8-29, 7-8-30, and 7-8-31.
Source: SL 1983, ch 44, § 7.
7-8-33. Declaration and abatement of nuisances by county.
The board of county commissioners of every county may, by ordinance, allow for the declaration and abatement of a public nuisance within the county outside the corporate limits of any municipality. For purposes of this section only, the feeding, breeding, or raising of livestock or the operations of a livestock sales barn, is not presumed, by that fact alone, to be a nuisance.
Source: SL 1989, ch 186; SL 1991, ch 60; SL 1993, ch 65.
7-8-38. County revenues--Economic development.
The board of county commissioners may, by resolution, allocate revenue a county receives for economic development within the county.
Source: SL 1992, ch 84, § 12A; SL 2021, ch 43, § 1.
7-8-39. Establishment of public works program to provide income for payment of property taxes.
The board of county commissioners may by resolution provide for a public works program to provide work for any person for the purpose of providing income for the payment of the property taxes on such person's single-family dwelling. For the purpose of this section and § 7-8-40 a single-family dwelling is a house, condominium apartment, or manufactured home as defined in § 32-3-1 which is assessed and taxed as a separate unit including the platted lot upon which the structure is situated or one acre, whichever is less, and the garage, whether attached or unattached.
Source: SL 1994, ch 65, § 1.
7-8-40. Conditions of public works program for payment of property taxes--Participation.
Any program created by a county pursuant to § 7-8-39 shall establish the conditions under which such work is conducted and how the income from such employment is to be applied to a person's property taxes. The program may include any unit of government within the county. The conditions the county establishes shall include a direct transfer of revenue between units of government in lieu of property tax abatements or actual payments to individuals. Any person may elect not to participate in the program.
Source: SL 1994, ch 65, § 2.
7-8-41. Passport applications--Assistance by county employees.
Any county employee designated by the board of county commissioners may apply to the United States State Department to assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in the county general fund.
Source: SL 2011, ch 37, § 1, eff. March 7, 2011.
7-8A-1
Adoption of optional form of government.
7-8A-2
Board as governing body--Election.
7-8A-3
County manager--Duties and qualifications.
7-8A-4
Appointment of county manager.
7-8A-5
Duties of county manager.
7-8A-6
Election to adopt optional form.
7-8A-7
Election to discontinue optional form.
7-8A-8
Effect of adoption or discontinuance.
7-8A-1. Adoption of optional form of government.
The electors of any county may adopt a board of county commissioners-appointed manager form of county government provided for by this chapter.
Source: SL 1986, ch 62, § 1.
7-8A-2. Board as governing body--Election.
In each county adopting an optional form of county government, the board of county commissioners shall be the governing body of the county and shall exercise all powers authorized by law and the State Constitution applicable to counties except as otherwise provided by this chapter. The board shall be elected in the same manner as provided by chapter 7-8.
Source: SL 1986, ch 62, § 2.
7-8A-3. County manager--Duties and qualifications.
The board of county commissioners-appointed manager form of government shall be that form in which the chief administrative officer is the county manager. The county manager shall be the administrative head of the county and is responsible for the proper administration of the affairs of county government. The county manager shall be appointed solely on the basis of his training, experience, and administrative qualifications and need not be a resident of the county. He shall serve at the pleasure of the board at a salary set by the board.
Source: SL 1986, ch 62, § 3.
7-8A-4. Appointment of county manager.
The board of county commissioners may appoint any county officer or employee to be the county manager by reason of training, experience, and administrative qualifications. If any county officer or employee is appointed county manager, the officer or employee shall resign the office or position and terminate office responsibilities before assuming the office of county manager.
Source: SL 1986, ch 62, § 4; SL 2016, ch 44, § 7.
7-8A-5. Duties of county manager.
The county manager shall:
(1) Provide for the proper execution of all orders, resolutions, and regulations established by the board;
(2) Attend all meetings of the board and recommend measures for adoption;
(3) Prepare and submit to the county board a proposed annual budget and long-range capital expenditure program, along with a financial plan for raising revenue, for such a period as the board may direct;
(4) Administer the provisions of the budget when adopted by the board;
(5) Keep the board fully advised of the financial condition and needs of the county and make such other reports from time to time as required by the board or he deems necessary;
(6) Appoint and hire qualified staff to assist in the proper administration of the county affairs; and
(7) Perform such other duties as may be required of him by the board.
Source: SL 1986, ch 62, § 5.
7-8A-6. Election to adopt optional form.
The board of county commissioners, by ordinance, or upon receiving a petition signed by not less than fifteen percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, shall submit to the electors the question of whether to adopt an optional form of county government authorized by this chapter. The procedures set forth in chapter 7-18A shall govern such initiated measure and election.
Source: SL 1986, ch 62, § 6; SL 1988, ch 63, § 1.
7-8A-7. Election to discontinue optional form.
A petition to discontinue an optional form of county government authorized by this chapter may be submitted to the board for submission to the electors of the county at an election, in the manner provided for the petition of an optional form of county government under the provisions of § 7-8A-6.
Source: SL 1986, ch 62, § 7.
7-8A-8. Effect of adoption or discontinuance.
The adoption or the discontinuance of an optional form of county government, as provided in this chapter, does not affect any act or contract affirmed or ratified.
Source: SL 1986, ch 62, § 8.
CHAPTER 7-9
REGISTER OF DEEDS
7-9-1 Duty to keep records of instruments--Destruction of unneeded records.
7-9-1.1 Recording, filing, and indexing of records by microfilming or computerization.
7-9-2 Seal of office--Use on instruments.
7-9-3 Time of recording.
7-9-4 Special townsite deed record required.
7-9-5 Conveyances of platted land not accepted until plat recorded.
7-9-6 Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted.
7-9-7 Names, addresses, and descriptions required in recorded instruments--Certificate of value.
7-9-7.1 Report of information in recorded instruments.
7-9-7.2 Certificate of value--Form.
7-9-7.3 State exempt from filing certificate of value.
7-9-7.4 Original signatures required for recording generally--Financing statements--Exhibits--Limited electronic signatures permitted.
7-9-8 Numerical indexes of instruments affecting real property--Form.
7-9-8.1 Endorsement of date, time, and identifying number--Entry in indexes.
7-9-9 Alphabetical indexes of instruments affecting real property.
7-9-10 Monthly report to tax officials of real estate transfers.
7-9-11 Numbering and alphabetical index of instruments relating to personal property.
7-9-12 Form of personal property index.
7-9-13 Continued use of previously authorized register index.
7-9-13.1 Release of old age assistance liens.
7-9-14 Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence.
7-9-15 Fees--Real estate documents to conform to format standards--Exception.
7-9-15.1 Immunity from personal liability for bad checks.
7-9-16 Reception record and fee book maintained by register--Entries in record.
7-9-17 Deposit of fees and other collections received--Charging on account--Record of accounts receivable.
7-9-18 Failure by register to collect, record, report or pay over fees as theft.
7-9-19 Refusal to record.
7-9-20 Court action for refusal to record.
7-9-21 Liability of register for refusal to record.
7-9-22 Suspicion of counterfeit recorded documents--Notice.
7-9-23 7-9-23. Repealed by SL 2011, ch 37, § 2, eff. Mar. 7, 2011.
7-9-24 Electronic preservation of documents.
7-9-25 County register of deeds modernization and preservation relief fund.
7-9-26 Fees deposited into fund--Distribution.
7-9-27 Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources.
7-9-28 South Dakota association of county officials register of deeds modernization and preservation relief fund.
7-9-29 Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee.
7-9-1. Duty to keep records of instruments--Destruction of unneeded records.
The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:
(1) Documents dated prior to July 1, 1994;
(2) Documents prepared by the United States of America, this state, or any instrumentality, agency, or political subdivision of either; and
(3) Court certified documents.
The register of deeds may destroy those records that the state records destruction board, pursuant to § 1-27-19, has declared to be of no further administrative, legal, fiscal, research, or historical value.
Source: SDC 1939, § 12.0702; SL 1980, ch 54; SL 1994, ch 62; SL 1995, ch 39, § 1; SL 1999, ch 32, § 1.
7-9-1.1. Recording, filing, and indexing of records by microfilming or computerization.
The functions of the register of deeds, including but not limited to, the recording of instruments, liens, satisfactions, and releases and the filing of records, as well as the index to any such record, may be accomplished by means of microfilming or computerization, as provided in § 6-1-11.
Source: SL 1988, ch 61, § 2.
7-9-2. Seal of office--Use on instruments.
The register of deeds shall obtain a seal which shall bear the following inscription: "Register of deeds of __________ county." The seal may be in a rubber, raised embosser, or electronic format and shall be used on each instrument to which the register of deeds affixes his or her signature. The signature of the register of deeds may be in original or electronic format.
Source: SL 1883, ch 95, § 1; CL 1887, § 625; RPolC 1903, § 867; RC 1919, § 5911; SDC 1939, § 12.0701; SL 1978, ch 55; SL 2014, ch 47, § 11.
7-9-3. Time of recording.
Each instrument entitled by law to be recorded, shall be recorded during the office hours set pursuant to §§ 7-7-2 and 7-7-2.1 in the order and as of the date and time when the instrument is received by the register of deeds for that purpose.
Source: SL 1862, ch 61; SL 1863-4, ch 30; SL 1863-4, ch 42, § 1; SL 1870-1, ch 11, § 1; SL 1874-5, ch 27, § 54; PolC 1877, ch 21, § 57; CL 1887, § 624; RPolC 1903, § 866; RC 1919, § 5910; SDC 1939, § 12.0702; SL 2014, ch 47, § 12.
7-9-4. Special townsite deed record required.
In counties where townsites are now or may hereafter be located upon government lands, it shall be the duty of the register of deeds to procure a book to be known as the townsite deed record, in which he shall record all deeds made by the mayor of any first or second class municipality or other competent officer, conveying any of such townsite property to claimants or trustees.
Source: SL 1895, ch 159, § 1; RPolC 1903, § 872; RC 1919, § 5915; SDC 1939, § 12.0707; SL 1981, ch 44, § 6; SL 1992, ch 60, § 2.
7-9-5. Conveyances of platted land not accepted until plat recorded.
No register of deeds may accept for record or record any deed, mortgage, or other conveyance of any platted plot of land until the plat has been accepted for record in the register of deed's office.
Source: SL 1913, ch 342, § 4; RC 1919, § 5918; SDC 1939, § 12.0709; SL 2016, ch 44, § 8.
7-9-6. Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted.
No register of deeds may accept for record or record any plat of any subdivision or rearrangement of any tract of land unless it is accompanied by the certificate of the county treasurer that all taxes which are liens upon the tract so subdivided have been fully paid. This section does not apply to plats of outlots made by the county auditor for purposes of taxation of the property platted. This section does not apply to plats made by the state highway engineer or any registered land surveyor in the employ of the state transportation department, for the purpose of describing rights of way purchased or to be purchased by the state transportation department. This section does not apply to plats made to enable the sale or transfer of centrally assessed railroad property as defined by § 10-28-1. This section does not apply to plats made by a municipality describing easements and rights-of-way for municipal utilities.
Source: SL 1913, ch 342, §§ 1 to 3; RC 1919, § 5917; SDC 1939, § 12.0710; SL 1941, ch 27; SL 1980, ch 55; SL 1992, ch 53.
7-9-7. Names, addresses, and descriptions required in recorded instruments--Certificate of value.
No register of deeds may accept for record in the office of the register of deeds:
(1) Any deed, affidavit terminating joint tenancy or life estate interests, or oil, gas, or other mineral lease, or affidavit for succession to real property pursuant to § 29A-3-1203 that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee, and a legal description of the property conveyed or leased;
(2) Any mortgage that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property, and the amount of the mortgage and when it is due;
(3) Any assignment of mortgage or oil, gas, or other mineral lease that does not include the names of the assignor and the assignee, the post office address of the assignee, and a legal description of the property;
(4) Any deed or contract for deed dated after July 1, 1988 or affidavit for succession to real property pursuant to § 29A-3-1203, used in the purchase, exchange, transfer, or assignment of interest in real property that is not accompanied by a certificate of value containing the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale; or
(5) A transfer on death deed, pursuant to §§ 29A-6-401 to 29A-6-435, inclusive, is exempt from completing and submitting the certificate of value as set forth in subdivision (4) of this section.
Source: SL 1911, ch 257, § 6; RC 1919, § 5916; SDC 1939, § 12.0708; SL 1943, ch 25; SL 1972, ch 41; SL 1983, ch 43; SL 1987, ch 69; SL 1988, ch 68; SL 1991, ch 61, § 1; SL 2006, ch 32, § 1; SL 2014, ch 133, § 36; SL 2022, ch 89, § 2.
7-9-7.1. Report of information in recorded instruments.
The register of deeds shall make the information collected pursuant to § 7-9-7 available to the director of equalization and the secretary of revenue in the same manner as is required by § 7-9-10.
Source: SL 1991, ch 61, § 3.
7-9-7.2. Certificate of value--Form.
The form of the certificate of value required by §§ 7-9-7 and 10-13-40 shall be established by the secretary of revenue by rule promulgated pursuant to chapter 1-26.
Source: SL 1991, ch 61, § 2; SL 1999, ch 50, § 2.
7-9-7.3. State exempt from filing certificate of value.
In lieu of filing the certificate of value required by § 7-9-7 when filing deeds or easements conveying highway right-of-way, the State of South Dakota shall file with the director of equalization a statement of the purchase price paid and the date the state received possession of the right-of-way. The state shall also file with the director of equalization a copy of the plat of the right-of-way being conveyed. The State of South Dakota is exempt from the requirement of § 7-9-7 to file a certificate of value with the register of deeds when filing a deed or easement conveying highway right-of-way.
Source: SL 1991, ch 61, § 4.
7-9-7.4. Original signatures required for recording generally--Financing statements--Exhibits--Limited electronic signatures permitted.
Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses, or other officer taking an acknowledgment. Any financing statement filed and recorded pursuant to chapter 57A-9 is not required to contain the signature of the debtor or the secured party or an acknowledgment.
No original signature is required for any document to be recorded or filed in the register of deeds' records if the document:
(1) Is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law;
(2) Contains electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and is recorded electronically pursuant to chapter 7-9A; or
(3) Is a printed copy of an electronic record containing electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and a certificate acknowledging the authenticity of the copy pursuant to § 18-1-11.5.
Source: SL 2014, ch 47, § 13; SL 2024, ch 71, § 1.
7-9-8. Numerical indexes of instruments affecting real property--Form.
The register of deeds shall keep one numerical index of the deeds, contracts, and other instruments, not liens merely, and another such index of the mortgages and other liens, of record in his office affecting or relating to the title to real property, which indexes shall be substantially or as near as may be in the following form:
Form of Numerical Index to Municipal Property.
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BLOCK NO. I, IN . . . . . . . . . . .
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Form of Section System of Numerical Index to Real Estate.
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TOWNSHIP NO.. . . . . . . . . . RANGE NO.. . . . . . . . . . SECTION NO.. . . . . . . . . .
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Source: SL 1874-5, ch 70; PolC 1877, ch 21, §§ 58, 59; SL 1887, ch 134; CL 1887, §§ 626, 627; RPolC 1903, §§ 868, 869; RC 1919, §§ 5912, 5913; SDC 1939, § 12.0703.
7-9-8.1. Endorsement of date, time, and identifying number--Entry in indexes.
Each register of deeds shall plainly endorse each instrument received for record, upon receipt, the date and time of reception of the instrument, and an identifying number. The identifying number may be a unique instrument number or book and page number, or both, that clearly identifies the specific instrument. The register of deeds shall enter the identifying number as part of the entry relating to the instrument in the appropriate indexes maintained by the register of deeds. The document shall indicate whether the instrument was received by electronic transmission and the number of pages recorded or filed with that instrument.
Source: SDCL § 7-9-8 as added by SL 1971, ch 46; SL 2014, ch 47, § 14.
7-9-9. Alphabetical indexes of instruments affecting real property.
In addition to the numerical indexes required by § 7-9-8, there shall be kept one index of the deeds, contracts, and other instruments, not liens merely, and another of the mortgages and other instruments which are liens affecting title to real property, which indexes shall show the names of the grantors and grantees, dates of instruments, dates of filing, and description of property affected.
Source: SL 1887, ch 134; CL 1887, §§ 629, 630; RPolC 1903, §§ 870, 871; RC 1919, § 5914; SDC 1939, § 12.0704.
7-9-10. Monthly report to tax officials of real estate transfers.
It shall be the duty of the register of deeds in each county to keep in his office and to enter therein the name of the grantor and the grantee and a sufficient description of the real estate in each transfer to perfectly identify the same and, on the last working day of each calendar month, he shall certify to the secretary of revenue, county auditor and director of equalization a list of transfers for the current month.
Source: SL 1909, ch 47, § 1; RC 1919, § 5919; SDC 1939, § 12.0711; SL 1959, ch 23; SL 1963, ch 39.
7-9-11. Numbering and alphabetical index of instruments relating to personal property.
The register of deeds with whom any chattel mortgage, bill of sale, conditional sales contract, lien upon personal property, or other instrument affecting personal property, or authenticated copy of any thereof, is filed, must endorse a number upon the same in consecutive order, together with the time of receiving the same and must enter the name of every party thereto in a book kept for that purpose, alphabetically, placing mortgagors and mortgagees, vendors and vendees, obligors and obligees, under a separate head and stating in separate columns opposite each name, the number endorsed upon the instrument, its date, the date of filing, the nature of the instrument, and in case of a lien, the amount secured or claimed thereby.
Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
7-9-12. Form of personal property index.
The index described in § 7-9-11 shall be substantially, or as near as may be, in the following form:
Personal Property Index
Vendor or Obligee |
Vendee or Obligor |
Number |
Date |
Date of Filing |
Nature of Instrument |
Amount |
Remarks |
Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
7-9-13. Continued use of previously authorized register index.
Any register of deeds may continue to use the register index heretofore provided by law until space in such record is exhausted after which date the index provided for in §§ 7-9-11 and 7-9-12 shall be used; provided, that any such instrument is not to be deemed defectively filed by reason of any errors in copy filed which do not tend to mislead a party interested; and the negligence of an officer with whom any such instrument is filed does not prejudice the rights of the person for whose protection it is filed.
Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
7-9-13.1. Release of old age assistance liens.
All liens and claims in favor of the state arising under former chapter 28-4 are hereby released, satisfied, and discharged in full. The register of deeds of each county shall search the records in his office and enter such action citing this section as his authority.
Source: SL 1974, ch 191, § 2; SL 1981, ch 44, § 7.
7-9-14. Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence.
In any county where the register of deeds shall have failed to make or keep proper indexes of the records of that office which by the laws of this state are required to be made or kept, or, where deterioration or destruction from any cause any such indexes become unusable or likely to become unusable by reason of continued use, the board of county commissioners shall have authority to cause such indexes to be made or copied, or cause any incompleted indexes to be completed from the records of that office and may employ competent persons for such purposes.
Such indexes when so made, or copied, or completed and when approved by the board of county commissioners shall be received and admitted in evidence in any court of competent jurisdiction in the same manner as if they had been made and kept as heretofore required by law. Any such indexes which have been heretofore so made, or copied, or completed and approved shall likewise be admissible in evidence.
Source: SL 1937, ch 82; SDC 1939, § 12.0706; SL 1955, ch 18.
7-9-15. Fees--Real estate documents to conform to format standards--Exception.
The register of deeds shall charge and receive the following fees:
(1) For recording deeds, mortgages, and all other instruments not specifically provided for in this section or this code, the sum of thirty dollars for the first fifty pages plus two dollars for each additional page or fraction thereof exceeding fifty pages. A real estate document recorded with the register of deeds shall conform to § 43-28-23, but may not be rejected for recording if the document does not comply with § 43-28-23 unless it is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction;
(2) For a certified copy of any instrument of record, including certificate and official seal, the sum of five dollars for the first page plus one dollar for each additional page or fraction thereof, and for an uncertified copy one dollar for each page. The fee applies to each copy whether it is a hard copy, microfilm, electronic copy, or facsimile transmission. In addition to the fee for a certified copy of the record of any birth, there is an additional charge of two dollars for each copy requested, which shall be submitted on a monthly basis to the state treasurer to be deposited in the children's trust fund;
(3) For filing and indexing a bill of sale, seed grain lien, or thresher's lien, the sum of thirty dollars for the first fifty pages plus two dollars for each page or fraction thereof exceeding fifty pages. No fee may be charged for filing any satisfaction or termination of any instrument as prescribed in this subdivision;
(4) For recording oil, gas, and mineral leases, and other recorded documents relating to mineral or oil and gas lease exploration and development, the sum of thirty dollars for the first fifty pages plus two dollars for each page or fraction thereof exceeding fifty pages;
(5) For recording an easement filed by any entity created by chapter 34A-5, 46A-3A, or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural consumers or any document filed by the Department of Transportation pertaining to the acquisition or disposal of highway right-of-way or lands declared surplus, the sum of twenty dollars for the first three pages plus two dollars for each additional page or fraction thereof; and
(6) Notwithstanding the provisions of subdivision (2) of this section, the board of county commissioners shall fix by resolution the fees to be paid by licensed abstracters of the county or by any person who has passed the written examination established by the Abstracters' Board of Examiners pursuant to § 36-13-11 for uncertified copies of recorded instruments, which fee may not exceed the actual cost to the county for providing such copies.
The register of deeds may not charge a fee for discharging or canceling any personal property lien.
Source: SDC 1939, § 12.0712; SL 1941, ch 28; SL 1943, ch 26; SL 1949, ch 26; SL 1955, ch 19; SL 1971, ch 47, §§ 1 to 3; SL 1976, ch 69; SL 1978, ch 56, §§ 1, 2; SL 1981, ch 51; SL 1984, ch 194, § 2A; SL 1986, ch 64; SL 1988, ch 69; SL 1992, ch 54; SL 1996, ch 51; SL 1997, ch 44, § 1; SL 1999, ch 33, § 1; SL 2001, ch 240, § 2; SL 2012, ch 51, § 1; SL 2013, ch 33, § 1.
7-9-15.1. Immunity from personal liability for bad checks.
A register of deeds is not personally liable for any insufficient-funds or no-account checks or uncollectible accounts receivable for any transaction collected or charged if the register of deeds exercised due diligence and if such collections or charges arise in the course of the register of deeds' official duties. The collection and removal procedures of §§ 7-11-4 and 7-11-4.2 also apply to transactions of the register of deeds office.
Source: SL 1999, ch 32, § 3.
7-9-16. Reception record and fee book maintained by register--Entries in record.
The register of deeds shall keep a reception record and fee book to be provided by the county which shall be a part of the records of his office and in which shall be entered each item of fees charged or received by him for service rendered as such officer and which book shall also show the name and character of each instrument received for recording or filing, the date of the same, the names of the parties thereto, and the date, hour and minute when received for filing, and the filing number or book and page of record of such instrument.
Source: SL 1890, ch 134, §§ 2, 4; RPolC 1903, § 1828; RC 1919, § 5923; SL 1919, ch 145, § 2; SDC 1939, § 12.0713.
7-9-17. Deposit of fees and other collections received--Charging on account--Record of accounts receivable.
Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the general fund. At the discretion of the register of deeds, fees and other transactions may be charged on account but shall be collected by the end of the following month. The register of deeds shall maintain a detailed record of any accounts receivable.
Source: SDC 1939, § 12.0713; SL 1971, ch 44, § 3; SL 1972, ch 42, § 1; SL 1984, ch 194, § 2B; SL 1999, ch 32, § 2.
7-9-18. Failure by register to collect, record, report or pay over fees as theft.
Any register of deeds who shall neglect or omit to charge or collect the fees allowed by law for services rendered by him, or shall fail to keep a record of the same, or to make a correct statement thereof to the county auditor, or to pay over such fees to the county treasurer as provided in § 7-9-17, with intent to evade the provisions of said section, shall be guilty of theft.
Source: SL 1890, ch 134, §§ 2, 4; RPolC 1903, § 1828; RC 1919, § 5923; SDC 1939, § 12.9905; SL 1981, ch 43, § 3.
7-9-19. Refusal to record.
A register of deeds may refuse to record any document that the law does not require or authorize a register to record or any document that the register has reasonable cause to believe is a counterfeit lien as defined in § 22-11-29.
Source: SL 1997, ch 45, § 1.
7-9-20. Court action for refusal to record.
Any person whose document or lien is refused for recording by the register of deeds pursuant to § 7-9-19 may commence an action in the circuit court for that county for an order directing the register to file the document. If the court determines that the register is required or authorized by law to record the document or that the lien is not counterfeit, it shall order the register to record the document.
Source: SL 1997, ch 45, § 2.
7-9-21. Liability of register for refusal to record.
If a court determines that the register acted reasonably or in good faith in refusing to record a document that the register believed should not be recorded or a document that the register believed to be a counterfeit lien, the register is not liable for any civil damages resulting from the refusal.
Source: SL 1997, ch 45, § 3.
7-9-22. Suspicion of counterfeit recorded documents--Notice.
If a register of deeds has reason to believe that a document or instrument previously recorded is counterfeit pursuant to § 22-11-29, the register of deeds shall provide written notice of the recording of the document or instrument to the stated or last known address of the person who owns any interest in the real property as the obligor or debtor and to any person who owns any interest in the real property described in the document or instrument.
Source: SL 1998, ch 41, § 1.
7-9-24. Electronic preservation of documents.
Any permanent document filed or recorded in the office of the register of deeds may be electronically preserved provided the original record is retained in hard copy or on microfilm.
Source: SL 2010, ch 35, § 1.
7-9-25. County register of deeds modernization and preservation relief fund.
There is hereby established a county register of deeds modernization and preservation relief fund to be administered by the county register of deeds. The fund shall be used for modernization of information systems and preservation of property and records. The register of deeds may purchase or enter into agreements for software, training, equipment, maintenance, supplies, and contract services. The fund may not be used for salaries. Any money deposited in the county register of deeds modernization and preservation relief fund may not be reverted or transferred to the county general fund or any other county fund.
Source: SL 2012, ch 51, § 8.
7-9-26. Fees deposited into fund--Distribution.
Five dollars of each recording or filing fee collected by the register of deeds, pursuant to subdivisions 7-9-15(1), (3), (4), and (5) and §§ 11-3-11, 43-15A-9, and 43-20-10, shall be deposited into the county register of deeds modernization and preservation relief fund. Sixty percent of the money deposited in the fund pursuant to this section shall remain in the fund for use by the register of deeds pursuant to § 7-9-25. Forty percent of the money deposited in the fund pursuant to this section shall be remitted before the last working day of each month for the previous month's collections to the South Dakota association of county officials register of deeds modernization and preservation relief fund created pursuant to § 7-9-28.
Source: SL 2012, ch 51, § 9.
7-9-27. Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources.
The county register of deeds modernization and preservation relief fund may not be construed to diminish the duty of the county governing body to provide for funding for salaries, personnel, supplies, equipment and other expenses for the register of deeds, even if the funding is relative to technology and preservation in the performance of the duties of the register of deeds and any other laws relating thereto. The register of deeds may accept and fully retain any gifts, grants, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of §§ 7-9-25 and 7-9-26. The gifts, grants, contributions, or funds shall remain entirely with the respective county register of deeds modernization and preservation relief fund.
Source: SL 2012, ch 51, § 10.
7-9-28. South Dakota association of county officials register of deeds modernization and preservation relief fund.
There is hereby established a South Dakota association of county officials register of deeds modernization and preservation relief fund to be administered by the South Dakota Association of County Officials. Distributions, including the cost to administer the fund, shall be approved by the executive board of the association of county officials.
Source: SL 2012, ch 51, § 11.
7-9-29. Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee.
The fiscal year for the South Dakota association of county officials register of deeds modernization and preservation relief fund begins on July first and ends on June thirtieth. Before July thirty-first of each year, the association of county officials shall compute each county's share of the deposits from the previous fiscal year. The association shall certify each county's share of the total fund and remit the share to the county auditor on or before August thirty-first of each year. The money in the fund shall be divided equally among each of the sixty-six counties, less the administrative fee to be determined by the board of directors for the South Dakota Association of County Officials and the expenses and costs related to § 7-9A-5. The administrative fee may not exceed one percent of the total annual remittance to the fund. The county auditor shall deposit the money received pursuant to this section in the county register of deeds modernization and preservation relief fund.
Source: SL 2012, ch 51, § 12; SL 2014, ch 47, § 15.
7-9A-1
Definitions.
7-9A-2
Validity of electronic documents.
7-9A-3
Recording of documents.
7-9A-4
Electronic recording commission created--Standards for recording electronic
documents.
7-9A-5
Meetings of commission--Expenses and costs.
7-9A-6
Quorum.
7-9A-7
Removal of member.
7-9A-8
Promulgation of rules.
7-9A-9
Uniformity of application and construction.
7-9A-10
Relation to Electronic Signatures in Global and National Commerce Act.
7-9A-1. Definitions.
Terms used in this chapter mean:
(1) "Document," any information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) Eligible to be recorded in the public records maintained by the register of deeds;
(2) "Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(3) "Electronic document," a document that is received by the register of deeds in an electronic form;
(4) "Electronic recording commission" and "commission," the commission established in § 7-9A-4;
(5) "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document;
(6) "Paper document," a document that is received by the register of deeds in a form that is not electronic;
(7) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(8) "Register of deeds," the county register of deeds for the county in which a document is received;
(9) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source: SL 2014, ch 47, § 1.
7-9A-2. Validity of electronic documents.
If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter. If a law requires or refers to something related to tangible media, the requirement or reference is satisfied by an electronic document satisfying this chapter.
If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature.
In a proceeding, evidence of a document or signature may not be excluded solely because it is in electronic form.
This section does not require that a register of deeds adopt the process of recording electronic documents.
Source: SL 2014, ch 47, § 2.
7-9A-3. Recording of documents.
A register of deeds who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission. A register of deeds may:
(1) Receive, index, store, archive, and transmit electronic documents;
(2) Provide for access to, and for search and retrieval of, documents and information by electronic means;
(3) Convert paper documents accepted for recording into electronic form;
(4) Convert into electronic form information and documents recorded before the register of deeds began to record electronic documents;
(5) Accept electronically any fee or tax that the register of deeds is authorized to collect; and
(6) Agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
A register of deeds who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law.
This chapter does not invalidate electronic documents recorded under this chapter, chapter 53-12, the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, as of January 1, 2014, or any other statute that may apply before the establishment of standards under this chapter by the electronic recording commission.
Each document that a register of deeds accepts for recordation under this section shall be considered recorded despite its failure to conform to one or more requirements of this section or § 43-28-23, unless the document is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction.
Source: SL 2014, ch 47, § 3.
7-9A-4. Electronic recording commission created--Standards for recording electronic documents.
The electronic recording commission is hereby created and shall consist of nine voting members. The commission shall adopt standards to implement procedures for recording electronic documents with the register of deeds. The commission shall consist of nine members appointed as follows:
(1) Five registers of deeds appointed by the president of the South Dakota Association of County Officials, which includes one register of deeds to be appointed from a county that has a population of seventy-five thousand or more; one register of deeds from a county that has a population of twenty thousand or more but less than seventy-five thousand; and one register of deeds from a county that has a population of less than twenty thousand; and two registers of deeds from other counties with no regard to population size;
(2) One attorney licensed in the State of South Dakota whose practice emphasizes real property matters appointed by the president of the State Bar Association;
(3) Two licensed title abstractors certified in the State of South Dakota appointed by the president of the South Dakota Land Title Association; and
(4) One person in the banking industry appointed by the South Dakota Bankers Association.
The commission shall annually appoint one nonvoting member who is an information technology professional.
The appointed members of the commission shall serve for terms of two years, except that, of the registers of deeds first appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years; of the certified title abstractors, appointed initially, one will serve for three years and one will serve for two years. If a vacancy occurs on the commission, the respective associations shall make an appointment for the unexpired term in the same manner as the original appointment.
Source: SL 2014, ch 47, § 4.
7-9A-5. Meetings of commission--Expenses and costs.
The first meeting of the commission shall be called by the president of the South Dakota Association of County Officials. At the first meeting, the commission shall elect from among its members a chair and other officers as it considers necessary or appropriate and each meeting is subject to the open meeting requirements pursuant to chapter 1-25. The commission shall at least meet annually or as often as deemed necessary. Unless otherwise directed by the commission, the South Dakota Association of County Officials shall provide support services as needed for the commission to carry out its duties, including meeting space and teleconferencing. The expenses and costs related to retaining professional services, promulgating rules pursuant to chapter 1-26, and organizing the commission shall be funded by the South Dakota association of county officials register of deeds modernization and preservation relief fund established pursuant to § 7-9-28. The electronic recording commission shall approve the expenses and costs. No commission members may be reimbursed from the South Dakota association of county officials register of deeds modernization and preservation relief fund for any travel expenses, subsistence, or per diem while serving on the commission.
Source: SL 2014, ch 47, § 5.
7-9A-6. Quorum.
A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission.
Source: SL 2014, ch 47, § 6.
7-9A-7. Removal of member.
The electronic recording commission may remove an appointed member of the commission for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
Source: SL 2014, ch 47, § 7.
7-9A-8. Promulgation of rules.
The commission shall adopt rules, pursuant to chapter 1-26, to keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that substantially comply with this chapter and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that substantially comply with this chapter. The electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:
(1) Standards and practices of other jurisdictions;
(2) The most recent standards promulgated by national standard-setting bodies;
(3) The views of interested persons and governmental officials and entities;
(4) The needs of counties of varying size, population, and resources; and
(5) Standards requiring adequate information security protection to reasonably ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Source: SL 2014, ch 47, § 8.
7-9A-9. Uniformity of application and construction.
In applying and construing the provisions of this chapter, the commission shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact these provisions.
Source: SL 2014, ch 47, § 9.
7-9A-10. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.), as of January 1, 2014, but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Source: SL 2014, ch 47, § 10.
7-10-1
Auditor as clerk of county commissioners--Preservation and destruction of records.
7-10-2
Accounting records maintained--Destruction.
7-10-3
Monthly verification of treasurer's accounts--Report to county commissioners--Contents.
7-10-4
Financial reports--Time for preparation and publication--Filing of publication.
7-10-5
General duties relating to elections.
7-10-6
Call of special election when county commissioners fail to call.
7-10-7
Repealed.
7-10-8
Repealed.
7-10-9
Action against auditor and sureties for misconduct or omission of duty.
7-10-10
Calculation of adjusted taxes upon cancellation of historical society moratorium--Payment deadline.
7-10-1. Auditor as clerk of county commissioners--Preservation and destruction of records.
The county auditor is the clerk of the board of county commissioners and shall keep an accurate record of its official proceedings and carefully preserve all of the documents, books, records, maps, and other papers required to be deposited or kept in his office and carefully perform such other acts and duties as are required by law. However, the county auditor 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 1887, ch 10, § 4; CL 1887, § 649; RPolC 1903, § 885; RC 1919, § 5944; SDC 1939, § 12.0901; SL 1981, ch 45, § 2.
7-10-2. Accounting records maintained--Destruction.
The county auditor is required to keep and maintain such accounting records as set forth in the accounting manual prescribed by the auditor-general. However, the county auditor 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 1897, ch 28, § 93; RPolC 1903, § 2156; RC 1919, § 5946; SDC 1939, § 12.0902; SL 1975, ch 76, § 2; SL 1981, ch 45, § 3.
7-10-3. Monthly verification of treasurer's accounts--Report to county commissioners--Contents.
The county auditor shall at the close of each calendar month list all cash and cash items held by the county treasurer and verify the balances in the depositories. The county auditor shall report to the board of county commissioners at each regular meeting the bank balances, the total amount of actual cash, the total amount of checks and drafts which have been in the treasurer's possession not exceeding three days. The county auditor shall also submit an itemized report of all cash items, checks, and drafts which have been in the treasurer's possession over three days. This report shall be made a part of the county commissioners' proceedings.
Source: SL 1887, ch 10, § 5; CL 1887, § 650; RPolC 1903, § 886; SL 1913, ch 206; SL 1917, ch 235; RC 1919, § 5945; SL 1931, ch 116; SDC 1939, § 12.0903; SL 2016, ch 44, § 9.
7-10-4. Financial reports--Time for preparation and publication--Filing of publication.
The county auditor shall prepare by the first day of March of each year a report of the revenues and expenditures of the previous year and the assets, liabilities, and equity of the county as of December thirty-first of the previous year. The report shall be made in the form prescribed by the auditor-general and shall be published within thirty days in the official newspapers of the county. A copy of the publication shall be filed with the auditor-general.
Source: CL 1887, § 1664; SL 1889, ch 48, § 1; RPolC 1903, § 2240; SL 1913, ch 206, § 15; SL 1917, ch 235, § 2; RC 1919, § 5947; SL 1921, ch 167; SDC 1939, § 12.0904; SL 1957, ch 19; SL 1972, ch 43, § 1; SL 1975, ch 76, § 3; SL 1982, ch 60, § 2; SL 1984, ch 47.
7-10-5. General duties relating to elections.
The county auditor shall perform all the duties required of him by law relative to making out and delivering notices of special and general elections, to making abstracts of and canvassing the votes cast at any special or general election, to issuing certificates of election to members of the Legislature, county, and precinct officers, and to forwarding the abstracts of votes cast at general or special elections to the secretary of state.
Source: SL 1881, ch 73, § 1; CL 1887, § 645; RPolC 1903, § 888; RC 1919, § 5950; SDC 1939, § 12.0908.
7-10-6. Call of special election when county commissioners fail to call.
If the board of county commissioners for any cause fails or refuses to call special elections, the county auditor may provide for and call any special election under any of the statutes of the state in force within such county, upon the petition of a majority of all the registered voters of the county, based upon the total number of registered voters at the last preceding general election preceding such call.
Source: SL 1881, ch 73, § 1; CL 1887, § 645; RPolC 1903, § 888; RC 1919, § 5950; SDC 1939, § 12.0908; SL 1988, ch 63, § 2.
7-10-9. Action against auditor and sureties for misconduct or omission of duty.
An action may be brought against the county auditor and the sureties upon the official bond, in the name of the state and for its use, or for the use of any county or person injured by the misconduct in office of the auditor, or by the omission of any duty required of the auditor by law.
Source: SL 1887, ch 10, § 10; CL 1887, § 655; RPolC 1903, § 891; RC 1919, § 5951; SDC 1939, § 12.0910; SL 2016, ch 44, § 10.
7-10-10. Calculation of adjusted taxes upon cancellation of historical society moratorium--Payment deadline.
If a county treasurer receives a notice from the State Historical Society Board of Trustees pursuant to § 1-19A-22, the county auditor shall calculate the taxes that would have been paid on such property had the tax moratorium not been in place and send a tax notice to the owner of such property for the difference between the amount of taxes paid on such property since it was given a moratorium and the amount of tax that would have been paid without the tax moratorium. Such taxes shall be paid by November thirtieth of the year the tax notice was provided and, if delinquent, such property may be sold for such taxes.
Source: SL 1992, ch 6, § 2.
7-11-1
Treasurer as collector of taxes--Office at county seat_Receipt of county money.
7-11-2
Premium on treasurer's bond.
7-11-3
Additional security required of treasurer by county commissioners--Failure to give
security creating vacancy in office.
7-11-4
Collection of taxes--Maintenance of delinquent taxpayer list.
7-11-4.1
Immunity from personal liability for bad checks--Conditions.
7-11-4.2
Bad check--Collection procedure--Removal as asset.
7-11-5
Accounting and payment of money into treasury.
7-11-6
Warrants of county auditor required for disbursements by treasurer.
7-11-7
Repealed.
7-11-8
Repealed.
7-11-9
Duplicate receipts for miscellaneous collections.
7-11-10, 7-11-11. Repealed.
7-11-12
Accounting records maintained--Destruction.
7-11-13
Repealed.
7-11-14
Collection fees not deducted from taxes received.
7-11-15
Repealed.
7-11-16
Failure to collect or account for fees as theft.
7-11-17
Examination of treasurer's books by county commissioners--Settlement and
certification of accounts.
7-11-18
Action against treasurer and sureties on failure to settle or pay over money.
7-11-19
Profiting from use of county funds as theft--Liability on official bond.
7-11-1. Treasurer as collector of taxes--Office at county seat--Receipt of county money.
The county treasurer is the collector of taxes. The treasurer shall maintain an office at the county seat. The treasurer shall receive all money belonging to the county from whatever source derived and other money which by law is directed to be paid to the treasurer.
Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, §§ 93, 94; CL 1887, §§ 637, 638; RPolC 1903, §§ 874, 875; SL 1913, ch 206; SL 1917, ch 235; RC 1919, § 5925; SDC 1939, § 12.0803; SL 2016, ch 44, § 11.
7-11-2. Premium on treasurer's bond.
If the county treasurer is required to furnish a bond executed by a surety company legally authorized to transact business in this state, upon the approval of the bond by the county commissioners, the county shall pay the premium for the bond.
Source: SL 1911, ch 91, § 1; RC 1919, § 5942; SDC 1939, § 12.0801; SL 2016, ch 44, § 12.
7-11-3. Additional security required of treasurer by county commissioners--Failure to give security creating vacancy in office.
The board of county commissioners may require the county treasurer to give additional sureties whenever in its opinion the existing security shall have become insufficient; and such board is authorized to demand and receive from the county treasurer an additional bond as required by law, with good and sufficient security, in such sum as such board may direct whenever in its opinion more money shall have passed or is about to pass into the hands of such treasurer than could be recovered under the penalty in the previous bond. If any county treasurer shall fail or refuse to give such additional security or bond within ten days after having been required so to do, his office shall be considered vacant and another treasurer shall be appointed.
Source: SL 1868-9, ch 25, §§ 101, 102; PolC 1877, ch 28, §§ 97, 98; CL 1887, §§ 1658, 1659; RPolC 1903, §§ 2235, 2236; RC 1919, §§ 6950, 6951; SDC 1939, § 12.0801.
7-11-4. Collection of taxes--Maintenance of delinquent taxpayer list.
The county treasurer shall collect and credit the taxes on behalf of the county and maintain the delinquent taxpayer list.
Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, § 94; CL 1887, § 638; RPolC 1903, § 875; RC 1919, § 5925; SDC 1939, § 12.0803; SL 2016, ch 44, § 13.
7-11-4.1. Immunity from personal liability for bad checks--Conditions.
No county treasurer may be held personally liable for insufficient or no account checks issued to the treasurer for the licensure of snowmobiles, motor vehicles, trailers, motorcycles, or manufactured homes, if the county treasurer has exercised due diligence and has taken the following steps:
(1) Required positive identification of the person presenting the check; and
(2) Within a thirty-day period of receiving notice that the check has been dishonored, instituted a collection process on the check.
Source: SL 1976, ch 70; SL 1992, ch 80, § 1; SL 2016, ch 44, § 14.
7-11-4.2. Bad check--Collection procedure--Removal as asset.
If a county receives an insufficient fund or no account check, the county shall institute a collection procedure. If after one hundred eighty days the county has not received payment for the insufficient fund or no account check, the county treasurer may, with the majority approval of the board of county commissioners, remove the insufficient fund or no account check as an asset of the county.
Source: SL 1983, ch 48; SL 1994, ch 63.
7-11-5. Accounting and payment of money into treasury.
The county treasurer shall account for and pay into the treasury of the county all money received by the treasurer and interest received on deposits.
Source: SL 1909, ch 21, § 1; RC 1919, § 5940; SDC 1939, § 12.0804; SL 2016, ch 44, § 15.
7-11-6. Warrants of county auditor required for disbursements by treasurer.
All money received by the county treasurer for the use of the county may only be disbursed by the treasurer on the warrant of the county auditor drawn according to law. All money shall be paid over by the treasurer at the time and in the manner provided by law.
Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, § 93; CL 1887, § 637; RPolC 1903, § 874; RC 1919, § 5925; SDC 1939, § 12.0803; SL 1975, ch 76, § 4; SL 2016, ch 44, § 16.
7-11-9. Duplicate receipts for miscellaneous collections.
If the treasurer receives any money, warrants, or orders on any account other than taxes charged on the tax duplicate, the treasurer shall make out duplicate receipts. One receipt shall be delivered to the person paying the money, warrant, or order and the other receipt shall be filed with the auditor within one week.
Source: SL 1897, ch 28, § 91; RPolC 1903, § 2154; RC 1919, § 5927; SDC 1939, § 12.0807; SL 1975, ch 76, § 5; SL 2016, ch 44, § 17.
7-11-12. Accounting records maintained--Destruction.
The county treasurer shall keep and maintain such accounting records as set forth in the accounting manual prepared by the auditor-general. However, the county treasurer 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 1868-9, ch 25, § 89; PolC 1877, ch 21, § 94; CL 1887, § 638; RPolC 1903, § 875; SL 1913, ch 206, § 7; SL 1917, ch 235, § 2; RC 1919, § 5925; SDC 1939, § 12.0803; SL 1975, ch 76, § 6; SL 1981, ch 45, § 4.
7-11-14. Collection fees not deducted from taxes received.
The county treasurer shall not deduct from any tax collected by him, any fee for the collection thereof, and the full amount of tax collected shall be credited to the taxing district from which such tax is collected.
Source: SL 1909, ch 171, § 1; RC 1919, § 5943; SL 1919, ch 146; SDC 1939, § 12.0810.
7-11-16. Failure to collect or account for fees as theft.
Any county treasurer who shall neglect or omit to charge or collect the fees allowed for services rendered or shall fail or neglect to keep a record of the same or to make a correct statement thereof to the county auditor, with the intent to evade the provisions of this chapter shall be guilty of theft.
Source: SL 1890, ch 134, § 4; RPolC 1903, § 882; RC 1919, § 5939; SDC 1939, § 12.9909; SL 1981, ch 43, § 4.
7-11-17. Examination of treasurer's books by county commissioners--Settlement and certification of accounts.
The books, accounts, and vouchers of the county treasurer and all money, warrants, or orders remaining in the treasury shall at all times be subject to the inspection and examination of the board of county commissioners, including the regular meetings of the board in January and July of each year and at any other times as the board directs. The treasurer shall settle with the board the accounts kept by the treasurer.
The treasurer shall exhibit for that purpose all books, accounts, and money, and all vouchers relating to the same to be audited. The vouchers shall be retained by the board as evidence of the treasurer's settlement and if found correct, the account shall be so certified. If it is found incorrect, the treasurer is liable on the bond.
Source: SL 1868-9, ch 25, §§ 80, 91; PolC 1877, ch 21, § 95; CL 1887, § 639; RPolC 1903, § 876; RC 1919, § 5932; SDC 1939, § 12.0817; SL 2016, ch 44, § 18.
7-11-18. Action against treasurer and sureties on failure to settle or pay over money.
If any county treasurer fails to make return or settlement or to pay over all money with which the treasurer may stand charged at the time and in the manner prescribed by law, the county auditor, on receiving instructions from the state auditor or from the county commissioners, shall institute a suit against either the treasurer or the surety, or both, in the circuit court of the county.
Source: SL 1868-9, ch 25, § 99; PolC 1877, ch 28, § 95; CL 1887, § 1656; RPolC 1903, § 2233; RC 1919, § 6949; SDC 1939, § 12.0802; SL 2016, ch 44, § 19.
7-11-19. Profiting from use of county funds as theft--Liability on official bond.
The making of profit and converting the profit to private use or benefit, directly or indirectly, by the county treasurer out of any money in the county treasury with the custody of which the treasurer is charged, by using, loaning, or depositing the profit in any manner, is theft. In addition the treasurer is liable upon the official bond for the profits realized by the unlawful use of the county funds.
Source: SL 1897, ch 104, § 4; RPolC 1903, § 352; RC 1919, § 6890; SDC 1939, § 12.9906; SL 1981, ch 43, § 5; SL 2016, ch 44, § 20.
CHAPTER 7-12
SHERIFF
7-12-1 Sheriff to preserve the peace--Apprehension of felons--Execution of process.
7-12-2 Office at county seat--Service and posting of notices.
7-12-3 Attendance on courts and county commissioners.
7-12-4 Compliance with attorney general's orders--Enforcement of laws.
7-12-5 Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.
7-12-6 Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.
7-12-7 Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.
7-12-8 7-12-8. Repealed by SL 1985, ch 15, § 3.
7-12-9 Deputies, jailers, and clerks authorized by county commissioners--Compensation.
7-12-10 Appointment and removal of deputies, jailers, and clerks--Oath and bond.
7-12-10.1 Civil service system for deputies in large county--Features of system--Repeal or modification.
7-12-11 Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.
7-12-12 Vehicles and equipment furnished to sheriff by county--Mileage payments not made.
7-12-13 Payment of expenses where vehicle furnished by county.
7-12-14 County reimbursement of expenses on official business.
7-12-15 Sheriff's salary schedule.
7-12-16 7-12-16. Repealed by SL 1985, ch 15, § 3.
7-12-17 Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county.
7-12-18 Fees and traveling expenses chargeable by sheriff.
7-12-18.1 Uncollectable fees removed as assets of county.
7-12-19 7-12-19. Repealed by SL 1981, ch 44, § 9.
7-12-19.1 Fees paid to sheriff--Remittance to county treasurer.
7-12-20 Endorsement of fees for service of process for state--Fees not required of county.
7-12-21 Reimbursement of travel expense outside county.
7-12-22 Prisoner transportation expenses--State reimbursement.
7-12-23 Reimbursement for taking prisoner before judge.
7-12-24 Prisoner transportation allowances not considered fees for salary purposes.
7-12-25 Fees deposited in general fund.
7-12-25.1 Fees deposited in joint law enforcement fund if joint commission exists in county.
7-12-26 County payment of judgments against sheriff and deputies.
7-12-26.1 Purchase of liability insurance for sheriff, deputies, and employees.
7-12-27 Reimbursement of sheriff and deputies paid from county general fund.
7-12-28 Failure to perform duty or account for fees as misdemeanor.
7-12-29 Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.
7-12-1. Sheriff to preserve the peace--Apprehension of felons--Execution of process.
The sheriff shall keep and preserve the peace within the county. The sheriff may call to aid any person or power of the county as the sheriff deems necessary. The sheriff shall pursue and apprehend all felons, and shall execute all writs, warrants, and other processes from any court or magistrate for which the sheriff has the legal authority.
Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 2016, ch 44, § 21.
7-12-2. Office at county seat--Service and posting of notices.
The sheriff shall keep the office at the county seat, serve or post all notices received from the county auditor or the board of county commissioners, and perform other duties as prescribed by law.
Source: SL 1874-5, ch 27, § 69; PolC 1877, ch 21, § 66; CL 1887, § 662; RPolC 1903, § 897; RC 1919, § 5958; SDC 1939, § 12.1001; SL 2016, ch 44, § 22.
7-12-3. Attendance on courts and county commissioners.
The sheriff shall attend the sessions of the circuit court and the sessions of the board of county commissioners when required by the board to attend.
Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 1981, ch 44, § 8.
7-12-4. Compliance with attorney general's orders--Enforcement of laws.
The sheriff shall comply with all orders of the attorney general and at all times, whether on duty under the call of the attorney general or not. The sheriff shall faithfully execute and enforce all the laws of this state and especially all laws relating to alcoholic beverages.
Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 23.
7-12-5. Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.
The sheriff shall furnish to the attorney general from time to time any information regarding conditions in the county that may be required. The sheriff shall pursue all violations of the criminal laws of this state, notify the state's attorney of violations, collect preliminary information, file criminal complaints, and arrest and assist in the prosecution of persons charged.
Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 24.
7-12-6. Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.
If the sheriff is sued, the coroner shall serve the papers on the sheriff. The return on all papers served by the coroner has the same credit as the sheriff's return. The coroner shall receive the same fees as the sheriff receives for like services.
If the sheriff is disqualified or incapacitated, a deputy sheriff shall exercise the powers and duties of the office of sheriff so far as such disqualification or incapacity of the sheriff is required or needed.
Source: SL 1874-5, ch 27, § 88; PolC 1877, ch 21, § 67; CL 1887, § 663; RPolC 1903, § 898; RC 1919, § 5968; SDC 1939, § 12.1101; SL 1968, ch 16, § 3; SL 2016, ch 44, § 25.
7-12-7. Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.
When both the sheriff and the coroner are absent, disqualified, or otherwise incapacitated, the circuit court in the circuit in which the county is located may, by order, designate any voter as a commissioner of the court to perform the duties required from a sheriff or coroner in any particular case.
Source: SDC 1939, § 12.1101; SL 1968, ch 16, § 3.
7-12-9. Deputies, jailers, and clerks authorized by county commissioners--Compensation.
If in the judgment of the board of county commissioners, it shall be necessary for the prompt dispatch of business in the office of the sheriff that one or more deputies, jailers or clerks be appointed therein, the board shall by resolution fix the number of such deputies, jailers or clerks and the compensation which they shall receive. The salary of each clerk, jailer and deputy shall be paid out of the county general fund.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4.
7-12-10. Appointment and removal of deputies, jailers, and clerks--Oath and bond.
The appointment or removal of each deputy, jailer, and clerk shall be made by the sheriff. Each appointment or removal shall be in writing and filed with the county auditor. Each deputy, jailer, and clerk shall qualify by subscribing the official oath and shall give such bond to the board of county commissioners for the discharge of his duties as the board of county commissioners may require.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 1989, ch 66.
7-12-10.1. Civil service system for deputies in large county--Features of system--Repeal or modification.
A county with a population of seventy-five thousand or more may adopt an ordinance establishing a civil service system for its county deputy sheriffs, and provide for the appointment of a civil service board, and prescribe its powers, duties, and compensation. The civil service system shall provide for the suspension or removal of any deputy sheriff for cause, subject to review and affirmance, reversal, or modification of such action by the civil service board. The deputy sheriff may request a hearing before the board at which he may be present in person or by counsel. The ordinance may be repealed or modified by a majority vote of the county commission.
Source: SL 1979, ch 42.
7-12-11. Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.
The sheriff is responsible for the acts of each deputy, jailer, and clerk in the performance of the duties of the sheriff's office. The sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 2016, ch 44, § 26.
7-12-12. Vehicles and equipment furnished to sheriff by county--Mileage payments not made.
Any county may, at the discretion of the board of county commissioners, furnish any motorcycle, automobile, truck or other vehicle, uniforms and other equipment to the sheriff or his deputies, or both, for law enforcement purposes only. In those counties furnishing motor vehicles, notwithstanding the provisions of this chapter for mileage payments in lieu of expenses, no mileage payments may be paid to sheriffs, deputy sheriffs or other county law enforcement personnel for whom motor vehicles are furnished.
Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7; SL 1970, ch 47.
7-12-13. Payment of expenses where vehicle furnished by county.
The sheriff, deputies, and other law enforcement officials of any county which furnishes motor vehicles for law enforcement purposes shall present itemized vouchers showing all receipted expenses, to be approved by the board of county commissioners, for payment by the county treasurer from the county general fund.
Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.
7-12-14. County reimbursement of expenses on official business.
Reimbursement by counties for all necessary and reasonable expenses incurred by county law enforcement personnel while on official business shall be made, including mileage reimbursement for such personnel for whom motor vehicles are not furnished; such reimbursement may not be impaired by §§ 7-12-12 and 7-12-13.
Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.
7-12-15. Sheriff's salary schedule.
The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.
County Population |
Salary Schedule |
Below 10,000 |
$41,256 |
10,000-14,999 |
$44,723 |
15,000-24,999 |
$46,110 |
25,000-69,999 |
$51,657 |
70,000 and over |
$56,163 |
The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.
Source: SDC 1939, § 12.1011; SL 1947, ch 36; SL 1951, ch 23, § 2; SL 1957, ch 21; SL 1959, ch 28; SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 1972, ch 44, § 1; SL 1974, ch 62; SL 1975, ch 77, § 1; SL 1977, ch 59, § 3; SL 1978, ch 53, § 5; SL 1979, ch 41, § 1; SL 1980, ch 53, § 3; SL 1981, ch 52; SL 1982, ch 61, § 1; SL 1983, ch 39, § 3; SL 1984, ch 44, § 3; SL 1985, ch 46, § 3; SL 1986, ch 63, § 3A; SL 1988, ch 70, § 1; SL 1991, ch 57, § 1; SL 2002, ch 42, §§ 1, 3; SL 2007, ch 37, § 7, eff. Jan. 1, 2008; SL 2007, ch 37, § 8, eff. Jan. 1, 2009; SL 2013, ch 31, § 7, eff. Jan. 1, 2014; SL 2013, ch 31, § 8, eff. Jan. 1, 2015.
7-12-17. Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county.
Section 7-12-15 may not be construed to change the reimbursement of the sheriff for costs of mileage incurred while on official business or to change the fee received by the sheriff for the costs of food for boarding of prisoners. If housing and utilities are furnished by a county to the sheriff, the county board of commissioners may establish a reasonable value for such quarters, based upon the general level of housing accommodation rentals prevailing at the county seat, and deduct from the regular salary of the sheriff an equivalent amount therefor.
Source: SDC 1939, § 12.1011 as added by SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 2021, ch 37, § 1.
7-12-18. Fees and traveling expenses chargeable by sheriff.
The sheriff shall charge and remit the following:
(1) For serving an order of arrest with commitment or bail bond and return, twenty-five dollars;
(2) For serving summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, or injunction, order to show cause, citation, or other process, and return of the instrument, fifty dollars for all such process or instruments served at the same time upon the same person regardless of the capacities in which such person is served. However, for all such process or instruments served upon another such person at approximately the same time at the same place, ten dollars;
(3) For serving subpoena for witness, each person, twenty dollars;
(4) For traveling expenses in a motor vehicle, a mileage allowance of eight cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by private plane. However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;
(5) For serving writ of execution and return of the instrument, whether satisfied or unsatisfied, ninety-five dollars;
(6) For levying writ of possession, fifty dollars. However, if the sale of the property levied upon is not subsequently held, the actual costs or expenses associated with levying writ of possession shall be paid;
(7) For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;
(8) For posting notices of sale of real property, twenty-five dollars, and mileage;
(9) For executing writ or order of partition, twenty-five dollars;
(10) For making deed for land sold on execution or order of sale, one hundred dollars except no fee is charged when the deed only requires the sheriff's signature;
(11) In addition to the applicable fees and expenses, a commission of six percent on all money received and disbursed by the sheriff on execution or order of sale, order of attachment, decree or on sale of real property or personal property. However, in no case may the commission be less than fifty dollars or more than three thousand five hundred dollars. If the execution or order of sale is a foreclosure of a real estate mortgage, the commission may not be more than one thousand five hundred dollars. The commissions shall be included as a part of the cost of execution, order of sale, order of attachment, decree, or on sale of real or personal property, which shall be paid by the debtor out of the proceeds. However, in each case of redemption prior to the sale, the sheriff is entitled to the commission as stated above, to be paid by the redemptioner as a cost of the redemption;
(12) For a case in the circuit court, if a person, in whose favor an execution or order of sale is issued, bids on the property sold on execution or decree, the sheriff or officer making the sale shall receive the following compensation: if the amount for which the property is bid on is one thousand dollars or less, the sum of forty dollars; and if the amount for which the property is bid on is more than one thousand dollars, the sum of one hundred dollars;
(13) For making a sale of real property under a foreclosure of mortgage by advertisement, the same fees as for the sale of real property under a judgment of foreclosure and sale of real property; and
(14) If personal property is taken by the sheriff on execution or warrant of attachment and applied in the satisfaction of the debt without sale, the same percentage on the appraised value of the property as in the case of a sale and all additional reasonable and necessary costs and expenses incurred in executing the duties of sheriff including expenses associated with the removal of property from the premises.
No fee may be charged in any action under § 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.
The fees established pursuant to this section shall be used for law enforcement purposes.
Source: SDC 1939, § 12.1003; SL 1947, ch 35; SL 1957, ch 20; SL 1959, ch 26; SL 1963, ch 40, § 2; SL 1967, ch 16; SL 1969, ch 21; SL 1970, ch 48; SL 1973, ch 46; SL 1974, ch 63; SL 1974, ch 153, § 2; SL 1975, ch 78; SL 1976, ch 71, §§ 1 to 5, 7 to 9; SL 1977, ch 62; SL 1978, ch 57; SL 1978, ch 58, § 1; SL 1981, ch 53; SL 1982, ch 66; SL 1985, ch 204, § 2; SL 1990, ch 54; SL 1996, ch 52; SL 1998, ch 42, § 1; SL 2002, ch 129, § 4; SL 2007, ch 38, § 1; SL 2016, ch 47, § 11; SL 2024, ch 20, § 7.
7-12-18.1. Uncollectable fees removed as assets of county.
Any fee that is charged by a sheriff and is outstanding for three or more years which the sheriff determines is uncollectable may, with the majority approval of the board of county commissioners, be removed as an asset of the county.
Source: SL 1987, ch 70.
7-12-19.1. Fees paid to sheriff--Remittance to county treasurer.
Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in § 7-12-18. The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.
Source: SL 1978, ch 58, § 2; SL 1981, ch 54; SL 1999, ch 32, § 4.
7-12-20. Endorsement of fees for service of process for state--Fees not required of county.
If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a statement of the fees for the service, the number of miles traveled, and the amount of mileage. If the sheriff fails to make the return with the statement and file the return with the clerk of the court from which the process issued before judgment is pronounced in the action to which the process relates, the sheriff may not receive any fee for the service. The county commissioners of the county where the service is performed are also prohibited from allowing the reimbursement. No fee may be required of a county, its officers, or board of county commissioners in any action commenced by the county.
Source: SL 1883, ch 54, § 1; CL 1887, § 1413; RPolC 1903, § 1834; RC 1919, § 5959; SDC 1939, § 12.1005; SL 1984, ch 161, § 6; SL 2016, ch 44, § 27.
7-12-21. Reimbursement of travel expense outside county.
For all necessary expenses incurred as a result of official travel outside the county, not specifically provided for in § 7-12-18, reimbursement shall be made by the board of county commissioners upon presentation of properly itemized vouchers.
Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1984, ch 161, § 4.
7-12-22. Prisoner transportation expenses--State reimbursement.
The county shall pay all necessary expenses, including travel, incurred in the transportation of adult and juvenile prisoners to state correctional institutions. The county may be reimbursed by the state from funds appropriated for such purpose.
Source: SDC 1939, § 12.1007; SL 1959, ch 27; SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1974, ch 64; SL 1975, ch 83, § 1; SL 1989, ch 20, § 64; SL 1996, ch 53, § 1; SL 1996, ch 172, § 72; SL 1999, ch 35, § 1.
7-12-23. Reimbursement for taking prisoner before judge.
If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty and receives a state incarceration sentence, the county where the alleged offense was committed shall reimburse the sheriff pursuant to §§ 7-12-21 and 7-12-22.
If a state incarceration sentence is not imposed, the county where the alleged offense was committed shall reimburse the sheriff for the actual expenses for conveying the person to and from the judge by the nearest traveled route.
Source: SL 1913, ch 161, § 3; RC 1919, § 5964; SDC 1939, § 12.1008; SL 2016, ch 47, § 10; SL 2023, ch 82, § 5.
7-12-24. Prisoner transportation allowances not considered fees for salary purposes.
Reimbursement for expenses paid to the sheriff under §§ 7-12-21 and 7-12-22 may not be considered fees within the meaning of §§ 7-12-15 to 7-12-17, inclusive.
Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12.
7-12-25. Fees deposited in general fund.
The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.
7-12-25.1. Fees deposited in joint law enforcement fund if joint commission exists in county.
Notwithstanding § 7-12-25, all fees and travel expenses charged by the sheriff under the provisions of § 7-12-18 shall be deposited in a fund known as the "joint law enforcement fund," for use only by the joint municipal-county law enforcement commission if such commission exists in the county.
Source: SL 1977, ch 63; SL 1978, ch 58, § 3.
7-12-26. County payment of judgments against sheriff and deputies.
All judgments rendered against the sheriff, deputies, and clerks by reason of any official duties performed by the sheriff, deputies, and clerks shall be paid by the board of county commissioners.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.
7-12-26.1. Purchase of liability insurance for sheriff, deputies, and employees.
Each board of county commissioners may purchase and pay premiums on insurance covering and insuring the sheriff and each deputy and employee of the sheriff. The insurance shall insure against personal liability as a result of errors and omissions in the performance of official duties. The premiums shall be paid from the county general fund.
Source: SL 1970, ch 54; SL 2010, ch 36, § 1.
7-12-27. Reimbursement of sheriff and deputies paid from county general fund.
All claims for reimbursement of the sheriff, deputies, and clerks arising from official duties of such county officials, as provided by law, shall be paid from the general fund of the county by the board of county commissioners.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.
7-12-28. Failure to perform duty or account for fees as misdemeanor.
Every sheriff who intentionally fails or refuses to perform any official duty for which a fee is prescribed by law, or who fails or refuses to render a full and true report to the county of all fees charged by his office, is guilty of a Class 1 misdemeanor.
Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.9911; SL 1978, ch 58, § 4; SL 1981, ch 43, § 6.
7-12-29. Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.
The sheriff may take possession of any animal suspected of being dangerous. The sheriff may hold such animal until a formal determination can be made of the extent of the danger such animal poses. If the animal has attacked or bitten a human or an animal pet, the formal determination shall include consultation with the department of health for the purposes of rabies control. The sheriff may dispose of any animal so determined to be dangerous.
Source: SL 1988, ch 71.
7-13-1
Appointment and terms of constables--Accountability.
7-13-2
Jurisdiction and powers of constables for county.
7-13-3
Appointment of constables for districts not organized into townships.
7-13-4
Fees of constables--Record filed with county auditor.
7-13-1. Appointment and terms of constables--Accountability.
The board of county commissioners may appoint constables who are registered voters. The constables shall hold office at the pleasure of the board of county commissioners for a term of two years, and until their successors are appointed and qualified. The board of county commissioners may establish guidelines for the accountability of constables.
Source: SL 1920 (SS), ch 38, § 2; SDC 1939, § 12.1501; SL 1961, ch 32, § 1; SL 1979, ch 43; SL 1981, ch 55, § 1.
7-13-2. Jurisdiction and powers of constables for county.
Such county constables shall have the same powers and jurisdiction throughout the entire county as a township or other constable has within his district; such county constables may serve process and make levies in the same manner and effect as the sheriff, and conduct other official proceedings throughout the county in the same manner and effect as a township or other constable within his district.
Source: SDC 1939, § 12.1501; SL 1961, ch 32, § 1; SL 1973, ch 126, § 1.
7-13-3. Appointment of constables for districts not organized into townships.
The board of county commissioners of each organized county having territory therein which is not organized into civil townships shall divide such territory into such number of districts, not exceeding eight, as it shall deem advisable, from each of which districts there may be appointed at the time specified in § 7-13-1, one constable who shall serve for a term of two years.
Source: SL 1901, ch 169, §§ 1, 2; RPolC 1903, § 961; RC 1919, § 6026; SL 1920 (SS), ch 38, § 2; SDC 1939, § 12.1501; SL 1961, ch 32, § 1.
7-13-4. Fees of constables--Record filed with county auditor.
County constables may collect the same fees as are allowed sheriffs for like services. The constables shall keep a daily record of all moneys collected and file a copy of that record with the county auditor by the fifteenth day of the following month.
Source: PolC 1877, ch 39, § 19; CL 1887, § 1421; RPolC 1903, § 1839; RC 1919, § 6027; SDC 1939, § 12.1502; SL 1981, ch 55, § 2.
7-14-1
Fees and expenses allowable to coroner set by board.
7-14-2
Reimbursement and source of payment of coroner's expenses.
7-14-3
Surrender or burial of body viewed by coroner.
7-14-4
Offer of body to medical school--Burial if not requisitioned by school.
7-14-5
Delivery to county treasurer of property found on body--Action for recovery.
7-14-6
Deposit and sale of property found on body--Delivery to decedent's estate.
7-14-7
Coroner to account for property before fees paid.
7-14-8
Salary--Radio.
7-14-9
Appointment and compensation of deputies.
7-14-10
Training programs.
7-14-1. Fees and expenses allowable to coroner set by board.
The coroner shall receive fees and expenses as set by the board of county commissioners.
Source: SL 1881, ch 75, § 1; CL 1887, § 1414; RPolC 1903, § 1835; RC 1919, § 5974; SL 1933, ch 70; SDC 1939, § 12.1105; SL 1968, ch 16, § 4; SL 1984, ch 44, § 4A; SL 1985, ch 46, § 4; SL 1986, ch 63, § 3; SL 1988, ch 66, § 2; SL 2005, ch 44, § 1.
7-14-2. Reimbursement and source of payment of coroner's expenses.
The county coroner shall be reimbursed for all necessary and reasonable expenditures incurred in the discharge of his duty as shall be approved by the board of county commissioners and which shall be paid out of the general fund of the county.
Source: SL 1881, ch 75, § 1; CL 1887, § 1414; RPolC 1903, § 1835; RC 1919, § 5974; SDC 1939, § 12.1105; SL 1968, ch 16, § 4.
7-14-3. Surrender or burial of body viewed by coroner.
The coroner shall cause the body of any deceased person which he is called upon to view to be delivered to the person entitled to receive it, if any there be; but if not, he shall cause it to be properly buried and the expense paid from any property found with the body.
Source: SL 1874-5, ch 27, § 103; PolC 1877, ch 21, § 81; CL 1887, § 676; RPolC 1903, § 911; SL 1909, ch 278; RC 1919, § 5969; SDC 1939, § 12.1102.
7-14-4. Offer of body to medical school--Burial if not requisitioned by school.
If sufficient property is not found on the body, the coroner shall forthwith give notice to the dean of the department of medicine of the University of South Dakota, specifying in such notice the probable cause of death; and upon the requisition of the dean of such department, he shall forward such body to the university at its expense, within twenty-four hours of the receipt of such requisition. If no such requisition be received within the time stated, it shall be the duty of the coroner to cause the body to be properly buried, and the expense thereof shall be paid by the county from the general fund.
Source: SL 1874-5, ch 27, § 103; PolC 1877, ch 21, § 81; CL 1887, § 676; RPolC 1903, § 911; SL 1909, ch 278; RC 1919, § 5969; SDC 1939, § 12.1102.
7-14-5. Delivery to county treasurer of property found on body--Action for recovery.
The coroner must within thirty days after an inquest upon a dead body deliver to the county treasurer any money or other property which may be found upon the body, not expended for burial expenses as provided in § 7-14-3, unless claimed in the meantime by the legal representatives of the decedent. If he fails to do so, the treasurer may proceed against him for its recovery by a civil action in the name of the county.
Source: PolC 1877, ch 21, § 84; CL 1887, § 679; RPolC 1903, § 914; RC 1919, § 5970; SDC 1939, § 12.1103.
7-14-6. Deposit and sale of property found on body--Delivery to decedent's estate.
Upon the delivery of any property to the treasurer, as provided in § 7-14-5, he must, if it be money, place it to the credit of the county; or, if it be other property, he must within thirty days sell it at public auction, upon reasonable notice, and place the proceeds to the credit of the county. If the money in the treasury be demanded within six years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county in relation to the matter; or it may be paid at any time thereafter upon the order of the board of county commissioners.
Source: PolC 1877, ch 21, §§ 85, 86; CL 1887, §§ 680, 681; RPolC 1903, §§ 915, 916; RC 1919, §§ 5971, 5972; SDC 1939, § 12.1103.
7-14-7. Coroner to account for property before fees paid.
Before auditing and allowing any account of the coroner the board of county commissioners must require from him a statement in writing of any money or other property found upon persons on whom inquests have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the decedent or to the county treasurer.
Source: PolC 1877, ch 21, § 87; CL 1887, § 682; RPolC 1903, § 917; RC 1919, § 5973; SDC 1939, § 12.1104.
7-14-8. Salary--Radio.
The coroner may receive a salary which shall be set by the board of county commissioners and the coroner may be furnished with a radio by the county capable of transmitting and receiving government bands.
Source: SL 1985, ch 48, § 1.
7-14-9. Appointment and compensation of deputies.
The coroner may appoint one or more deputies and each deputy shall receive fees and expenses as determined at the discretion of the board of the county commissioners. The deputy coroner may not receive a salary.
Source: SL 1985, ch 48, § 2; SL 2005, ch 45, § 1.
7-14-10. Training programs.
Each newly selected county coroner shall participate in the training program established by the Law Enforcement Officers Standards Commission within one year of taking office. Each county coroner shall participate in and successfully complete an advanced or refresher training established by the commission at least every two years.
Source: SL 2010, ch 123, § 3.
7-16-1
Election at general election--Oath and bond--Licensed attorney required.
7-16-2
Judicial appointment of acting attorney in event of absence, inability, or
disqualification--Fees.
7-16-3
Appointment, qualifications, and powers of deputy attorneys.
7-16-4
Deputy for desertion and public welfare laws in large counties.
7-16-5
Salaries of deputies.
7-16-6
Employment of counsel to assist state's attorney in trial--Employment of state's
attorney or deputy in proceedings outside county.
7-16-7
Employment of special investigative agents--Qualifications--Compensation--Records.
7-16-7.1
Employment of paralegal and secretarial assistance.
7-16-8
Opinions and advice to county officers--Fees.
7-16-9
Prosecution and defense of actions for state and county--Proceedings outside county
or in federal court.
7-16-9.1
Examination of cases where offender committed or released on bail.
7-16-10
Prosecution of preliminary informations before magistrate.
7-16-11
Attendance and advice to grand jury--Issuance of process.
7-16-12
Repealed.
7-16-13
Prosecution of actions by public authorities for child support.
7-16-14
Actions against county commissioners for misconduct in office.
7-16-15
Continuation of prosecution or defense after change of venue.
7-16-16
Reimbursement of traveling expenses incurred on official business--Mileage
allowances.
7-16-17
Reimbursement of expenses outside county.
7-16-18
Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney.
7-16-19
Full-time position--Private practice prohibited.
7-16-19.1
Part-time state's attorney--Office at business address authorized.
7-16-20
Duplicate receipts issued for fines, penalties, and costs received.
7-16-21
Deposit and accounting for fines, penalties, and costs received--Failure to account as
theft.
7-16-22
Action on attorney's bond for recovery of money received.
7-16-23
Fees and costs in addition to salary--Full-time state's attorney.
7-16-24
Consolidation of office of state's attorney to create office of regional prosecutor.
7-16-25
Establishment of office of regional prosecutor--Notice requirement--Option to
withdraw from or modify agreement--Election of state's attorney.
7-16-26
Agreement to create office of regional prosecutor--Specifications of office.
7-16-27
Election district for office of regional prosecutor.
7-16-28
Election of state's attorney for office of regional prosecutor--Oath of office, bond and
eligibility requirements.
7-16-29
Application of chapter.
7-16-30
Amendment or modification of regional prosecutor agreement--Existing and future
terms.
7-16-31
Residency requirements for state's attorney in counties with low population.
7-16-1. Election at general election--Oath and bond--Licensed attorney required.
A state's attorney shall be elected in each organized county of this state at each general election, who shall qualify by taking the oath of office and giving a bond as provided by law.
No person shall be eligible to the Office of State's Attorney who is not duly licensed to practice as an attorney and counselor at law by the Supreme Court of this state.
Source: RPolC 1903, § 9271/2; RC 1919, § 5997; SDC 1939, § 12.1301; SL 1965, ch 27, § 1.
7-16-2. Judicial appointment of acting attorney in event of absence, inability, or disqualification--Fees.
The circuit court, whenever there shall be no state's attorney for the county or when the state's attorney is absent or unable to attend to his duties or is adversely interested or disqualified, may appoint, by an order to be entered in the minutes of the court, some duly licensed attorney and counselor at law to perform for the time being the duties required by law to be performed by the state's attorney and the person so appointed shall thereupon be vested with all the powers of such state's attorney for that purpose; and the circuit court shall, by an order in the minutes of the court, fix his fees therefor, which amount shall be allowed by the board of county commissioners and when so ordered by the court shall be deducted from the salary of the state's attorney. Nothing in this section shall be so construed as to give the court power to permanently fill vacancies in such office.
Source: SL 1883, ch 43, § 7; CL 1887, § 434; SL 1889, ch 59, § 1; RPolC 1903, § 934; SL 1905, ch 90; RC 1919, § 6004; SDC 1939, § 12.1304.
7-16-3. Appointment, qualifications, and powers of deputy attorneys.
The state's attorney may appoint one deputy or limited deputy who shall be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys, and if authorized by the board of county commissioners by resolution duly entered upon its minutes, the state's attorney may appoint one or more additional deputies or limited deputies, each of whom shall likewise be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys. During such deputyship the person so appointed shall be vested with all the powers of the state's attorney, subject to the control of the state's attorney. A limited deputy shall be vested with only those powers specifically delegated by the state's attorney in writing at the time of his appointment, shall serve at the pleasure of the state's attorney and be under his supervision and control.
Source: SL 1891, ch 108, § 1; RPolC 1903, § 935; SL 1917, ch 191; RC 1919, § 6005; SL 1921, ch 398; SL 1927, ch 194; SDC 1939, § 12.1305; SL 1941, ch 31; SL 1985, ch 50, § 1.
7-16-4. Deputy for desertion and public welfare laws in large counties.
In all counties with a population of more than fifteen thousand as shown by the last federal census, the state's attorney shall appoint, and the board of county commissioners must allow a proper compensation as set by a judge of the circuit court for one deputy or limited deputy state's attorney who shall be responsible to assist in the enforcement of the desertion and public welfare laws of this state.
Source: SDC 1939, § 12.1305 as added by SL 1963, ch 42; SL 1985, ch 50, § 2.
7-16-5. Salaries of deputies.
The salaries of the deputy state's attorneys shall be paid in the same manner that the salary of the state's attorney is paid each month.
No deputy state's attorney shall be entitled to receive any salary under the provisions of this section, unless the state's attorney shall, at the same time, attend to and perform the duties of his office as provided by law.
The board of county commissioners may in its discretion allow such compensation for the deputies as it shall deem proper.
Source: SL 1891, ch 108, § 1; RPolC 1903, § 935; SL 1917, ch 191; RC 1919, § 6005; SL 1921, ch 398; SL 1927, ch 194; SDC 1939, § 12.1305; SL 1941, ch 31.
7-16-6. Employment of counsel to assist state's attorney in trial--Employment of state's attorney or deputy in proceedings outside county.
In all criminal cases and in civil cases if the county is a party, if two or more attorneys are employed by the defendant in a criminal case or by the opposite party in civil cases the board of county commissioners may employ counsel to assist the state's attorney in the trial of the cases at the compensation that is agreed upon between the board and counsel. In civil cases or administrative proceedings outside the county if the county or any county officers are named as parties, the board of county commissioners or county officers, if bringing suit in their official capacities or if sued in their individual or official capacities, may employ the county's state's attorney, deputy state's attorney, limited deputy state's attorney or any firm, association or corporation with whom the state's attorney, deputy state's attorney or limited deputy state's attorney is affiliated, to prosecute or defend the actions, and compensation in addition to the state's attorney's salary may be paid for the legal services.
Source: SL 1901, ch 93, § 1; RPolC 1903, § 944; RC 1919, § 6014; SDC 1939, § 12.1306; SL 1983, ch 44, § 2; SL 1985, ch 50, § 3.
7-16-7. Employment of special investigative agents--Qualifications--Compensation--Records.
The board of county commissioners may by resolution recorded in their minutes, authorize the state's attorney to employ one or more special agents, either continuously or temporarily, to serve upon authorization of the attorney general or his designee, whose duty it shall be to assist the state's attorney in the investigation of crimes. The state's attorney shall inform the attorney general or his designee when special agents are employed or terminated. A special agent shall be a certified law enforcement officer and shall be under the control and direction of the state's attorney. The board of county commissioners, by resolution, shall set a per diem or hourly salary for special agents for actual time worked which shall be paid by the county upon presentation of itemized vouchers approved by the state's attorney. The state's attorney shall maintain offense, investigative and cancellation reports on matters in which he employs special agents in a form substantially similar to those forms used by the division of criminal investigation.
Source: SL 1921, ch 398; SL 1927, ch 194; SDC 1939, § 12.1305; SL 1941, ch 31; SL 1968, ch 14; SL 1979, ch 44.
7-16-7.1. Employment of paralegal and secretarial assistance.
A state's attorney may employ a paralegal assistant and secretarial assistance as is necessary for the efficient operation of his office. The employment of assistance is subject to prior approval of the board of county commissioners, who shall determine the compensation that the employees receive.
Source: SL 1982, ch 68.
7-16-8. Opinions and advice to county officers--Fees.
The state's attorney shall give opinions and advice without fee to the board of county commissioners and other civil officers of his county, if requested by the board or officers, upon all matters in which the county is interested or relating to the official duties of the board or officers. However, a part-time state's attorney may receive a fee in addition to the state's attorney's salary for legal services rendered pursuant to contract in behalf of the county or county officers in civil cases and administrative proceedings outside the county, pursuant to § 7-16-6 or to a board or commission acting pursuant to chapter 46A-10A.
Source: SL 1883, ch 43, § 4; CL 1887, § 430; RPolC 1903, § 930; RC 1919, § 6000; SDC 1939, § 12.1302 (1); SL 1983, ch 44, § 5; SL 1986, ch. 378, § 2.
7-16-9. Prosecution and defense of actions for state and county--Proceedings outside county or in federal court.
The state's attorney shall appear in all courts of his county and prosecute and defend on behalf of the state or his county all actions or proceedings, civil or criminal, in which the state or county is interested or a party. No state's attorney is required to appear in courts outside his county to prosecute and defend on behalf of the state or his county, any action or proceeding, civil or criminal, in which the state or county is interested or a party, except as required under § 7-16-15. If a part-time state's attorney appears in courts outside his county or in federal courts to represent the state or his county, he may receive extra compensation for the legal services pursuant to § 7-16-6.
Source: SL 1883, ch 43, § 2; CL 1887, § 428; RPolC 1903, § 928; RC 1919, § 5998; SDC 1939, § 12.1302 (2); SL 1983, ch 44, § 6; SL 1985, ch 51.
7-16-9.1. Examination of cases where offender committed or released on bail.
Each state's attorney shall inquire into and make a full examination of all the facts and circumstances of every case where an offender is committed to jail or released on bail.
Source: SL 1895, ch 64, § 6; RCCrimP 1903, § 210; RC 1919, § 4706; SDC 1939 & Supp 1960, § 34.1504; SDCL, § 23-20-8; SL 1978, ch 164, § 8.
7-16-10. Prosecution of preliminary informations before magistrate.
It shall be the duty of the state's attorney, when requested by any magistrate of his county, to appear on behalf of the state before any such magistrate and prosecute all preliminary informations on behalf of the state of which such magistrate shall have jurisdiction.
Source: SL 1883, ch 43, § 3; CL 1887, § 429; RPolC 1903, § 929; RC 1919, § 5999; SDC 1939, § 12.1302 (4).
7-16-11. Attendance and advice to grand jury--Issuance of process.
It shall be the duty of the state's attorney whenever required by the grand jury to attend them for the purpose of examining witnesses in their presence or of giving them any advice on any legal matter, and to issue subpoenas or other process to compel the attendance of witnesses.
Source: SL 1883, ch 43, § 11; CL 1887, § 438; RPolC 1903, § 932; RC 1919, § 6002; SDC 1939, § 12.1302 (5).
7-16-13. Prosecution of actions by public authorities for child support.
It shall be the duty of the state's attorney to commence and prosecute forthwith all actions and proceedings, civil or criminal, brought by the authorities charged with the support of any legitimate or illegitimate child for the recovery and enforcement of support for such child, including actions commenced under chapter 25-9A.
Source: SDC 1939, § 12.1302 (7) as added by SL 1963, ch 41.
7-16-14. Actions against county commissioners for misconduct in office.
It shall be the duty of the state's attorney to begin and prosecute a civil action or actions on behalf of the county against the county commissioners, or any one or more of them, for malfeasance in office, misappropriation of public funds, or other misconduct whenever there is reasonable cause therefor and he shall be requested so to do by a written petition signed by fifteen resident taxpayers of the county.
Source: SL 1897, ch 116, § 1; RPolC 1903, § 931; RC 1919, § 6001; SDC 1939, § 12.1302 (3).
7-16-15. Continuation of prosecution or defense after change of venue.
Whenever the venue is changed in any criminal case or in any civil action or proceeding in which his county or the state is interested or a party, it shall be the duty of the state's attorney of the county where such criminal case was commenced, or of the county interested in such civil action or proceeding, to appear and prosecute such criminal case and to prosecute or defend such civil action or proceeding in the county to which the same may be changed.
Source: SL 1883, ch 43, § 2; CL 1887, § 428; RPolC 1903, § 928; RC 1919, § 5998; SL 1927, ch 193; SDC 1939, § 12.1302.
7-16-16. Reimbursement of traveling expenses incurred on official business--Mileage allowances.
The state's attorney and the state's attorney's deputies and special agents are entitled to receive from the county the necessary traveling and hotel expenses while traveling for the purpose of making investigations and attending to the duties of office either within or without the state. The county treasurer shall pay the expenses upon the presentation of itemized vouchers approved by the state's attorney. If the state's attorney, the deputy, or special agent used a personal motor vehicle, the person is entitled to receive not more than the state rate for each mile necessarily traveled.
Source: SL 1921, ch 398; SL 1927, ch 194; SL 1933, ch 70; SDC 1939, § 12.1305; SL 1941, ch 31; SL 1968, ch 14; SL 1978, ch 52, § 2; SL 2016, ch 44, § 28.
7-16-17. Reimbursement of expenses outside county.
If the state's attorney of one county is requested to go to another county or from one part to another part of the county to transact any business as state's attorney, the state's attorney shall be paid by the county the amount of the necessary expenses in transacting the business in addition to the salary fixed by the county board.
Source: SL 1883, ch 43, § 6; CL 1887, § 433; RPolC 1903, § 938; RC 1919, § 6008; SDC 1939, § 12.1307; SL 2016, ch 44, § 29.
7-16-18. Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney.
Other than fees payable for child support enforcement services upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6 or fees payable for representation of a board or commission acting pursuant to chapter 46A-10A, the state's attorney may not receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it is the state's attorney's official duty to attend, nor be concerned as attorney or counselor for either party, other than for the state or county, in any civil action depending on the same state of facts upon which any criminal prosecution commenced, but undetermined, shall depend. No state's attorney, while in office, is eligible to hold any judicial office. A full-time state's attorney, as defined by § 7-16-19, is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act provided herein, nor is a full-time state's attorney entitled to extra compensation for representing the county or its officers in civil cases and administrative proceedings outside the county provided herein or for representing a board or commission acting on drainage matters.
Source: SDC 1939, § 12.1307; SL 1977, ch 64, § 1; SL 1983, ch 44, § 3; SL 1986, ch 378, § 3; SL 1997, ch 46, § 1.
7-16-19. Full-time position--Private practice prohibited.
In any county of over fifty thousand population and any other county where the board of county commissioners so designates, the state's attorney shall be a full-time position and the state's attorney may not be counsel or attorney in any action, civil or criminal, in the courts of this state except when acting on behalf of the county or the State of South Dakota.
Source: SDC 1939, § 12.1301 as added by SL 1965, ch 27, § 1; SL 1972, ch 39, § 2; SL 1982, ch 62, § 2; SL 2016, ch 44, § 30.
7-16-19.1. Part-time state's attorney--Office at business address authorized.
The state's attorney of a county not employing a full-time state's attorney may maintain the Office of State's Attorney at the state's attorney's regular business address. The board of county commissioners may provide the state's attorney an allowance for fixed office overhead expenses in lieu of furnishing office space at the courthouse.
Source: SL 1982, ch 67; SL 2016, ch 44, § 31.
7-16-20. Duplicate receipts issued for fines, penalties, and costs received.
The state's attorney, whenever any money for fines, forfeitures, recognizances, penalties, or costs is received, shall deliver to the officer or person paying the same, duplicate receipts, one receipt shall be filed by the officer or person in the office of the county treasurer.
Source: SL 1883, ch 43, § 8; CL 1887, § 435; RPolC 1903, § 933; RC 1919, § 6003; SDC 1939, § 12.1308; SL 2016, ch 44, § 32.
7-16-21. Deposit and accounting for fines, penalties, and costs received--Failure to account as theft.
The state's attorney shall pay over to the county treasurer all money received as the state's attorney within ten days after it is received. The state's attorney shall file with the county auditor a complete list of the amount so paid showing all fees and costs received in civil actions in which the county is the successful party, as well as all fines, recognizances, forfeitures, penalties, or costs received by the state's attorney. The state's attorney shall specify the name of each person from whom money was received, the particular amount paid by each person, and the cause for which each payment was made. A state's attorney who neglects to account for or pay over the money received as required by this section is guilty of theft.
Source: SL 1883, ch 43, §§ 9, 10; SL 1885, ch 45, § 1; CL 1887, §§ 431, 436, 437; SL 1889, ch 60, § 3; RPolC 1903, §§ 937, 939, 940, 945; RC 1919, §§ 6009, 6010; SDC 1939, §§ 12.1308, 12.9913; SL 1981, ch 43, § 7; SL 2016, ch 44, § 33.
7-16-22. Action on attorney's bond for recovery of money received.
The county treasurer, in the treasurer's official name and capacity, shall cause an action to be instituted upon the bond of the state's attorney for the recovery of the money so received and unpaid by the state's attorney.
Source: SL 1883, ch 43, § 10; CL 1887, § 437; RPolC 1903, § 940; RC 1919, § 6010; SDC 1939, § 12.1308; SL 2016, ch 44, § 34.
7-16-23. Fees and costs in addition to salary--Full-time state's attorney.
Other than fees for child support enforcement services made upon the request of the Department of Social Services to a state's attorney under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6, a board of county commissioners may not give or pay any fees or costs to a state's attorney as part of a salary or in addition to a salary. However, each board shall participate in the costs of the prosecution and enforcement by the state's attorney of support obligations against any responsible parent, whether of a civil or criminal nature, on a fee for service basis with the Department of Social Services. The fee is paid to the state's attorney in addition to any other compensation of the state's attorney for the performance of other public duties. A full-time state's attorney, as defined by § 7-16-19, is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act authorized by this section nor is a full-time state's attorney entitled to extra compensation for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6.
Source: SDC 1939, § 12.1308; SL 1977, ch 64, § 2; SL 1978, ch 59; SL 1983, ch 44, § 4; SL 1997, ch 46, § 2.
7-16-24. Consolidation of office of state's attorney to create office of regional prosecutor.
Any board of county commissioners may by resolution propose to consolidate the office of state's attorney with any other county or counties to create an office of regional prosecutor. The board of county commissioners may negotiate and enter into an agreement concerning the services and functions of the office of the regional prosecutor.
Source: SL 1996, ch 54, § 1.
7-16-25. Establishment of office of regional prosecutor--Notice requirement--Option to withdraw from or modify agreement--Election of state's attorney.
Any board of county commissioners entering into an agreement establishing the office of regional prosecutor shall give notice before January first of the year of the next general election in which the state's attorney would be elected. Any party to the agreement may give notice of its intent to withdraw from the agreement or to modify the terms of the agreement at any time before January first of the year of the next general election in which the regional prosecutor would be elected. Any county withdrawing from such an agreement, and not entering another, shall proceed to the election of a state's attorney.
Source: SL 1996, ch 54, § 2.
7-16-26. Agreement to create office of regional prosecutor--Specifications of office.
Any two or more counties entering into an agreement to create an office of regional prosecutor may specify the following:
(1) The duties of the regional prosecutor on matters such as civil and criminal matters;
(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto;
(3) The purposes, powers, rights, objectives, and responsibilities;
(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(5) The rate of compensation and the method of reimbursement for expenses;
(6) The location of the office;
(7) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
(8) Any other related matters.
Source: SL 1996, ch 54, § 3.
7-16-27. Election district for office of regional prosecutor.
For purposes of §§ 7-16-24 to 7-16-30, inclusive, the election district for the office of regional prosecutor includes the total election boundaries of each county entering an agreement for merging the functions of the state's attorney.
Source: SL 1996, ch 54, § 4.
7-16-28. Election of state's attorney for office of regional prosecutor--Oath of office, bond and eligibility requirements.
A state's attorney shall be elected for each office of regional prosecutor of this state every fourth year during the general election, who shall qualify by taking the oath of office and giving a bond as provided by law. No person is eligible to the office of regional prosecutor who is not duly licensed to practice as an attorney and counselor at law by the Supreme Court of this state.
Source: SL 1996, ch 54, § 5.
7-16-29. Application of chapter.
The provisions of chapter 7-16 shall generally apply to any attorney elected to represent the office of regional prosecutor.
Source: SL 1996, ch 54, § 6.
7-16-30. Amendment or modification of regional prosecutor agreement--Existing and future terms.
A regional prosecutor agreement may be amended or modified as to the existing term only with the consent of all counties that are party to the agreement and the serving regional prosecutor. A regional prosecution agreement may be amended or modified as to the future terms only with the consent of all counties that are party to the agreement.
Source: SL 1996, ch 54, § 7.
7-16-31. Residency requirements for state's attorney in counties with low population.
In any county with a population of less than five thousand persons, no state's attorney is disqualified from holding office for failure to be a resident of that county if the state's attorney is a resident of a county which is contiguous to the county in which the state's attorney holds such office.
Source: SL 2004, ch 69, § 1.
7-16A-1
Establishment of office by commissioners' resolution.
7-16A-2
Joint office established by two or more counties.
7-16A-3
Provisions by establishing board for office.
7-16A-4
Advisory committee to be established--Composition--Chairman.
7-16A-5
Appointment and qualifications of public defender.
7-16A-6
Employment of personnel for defender's office--Administration.
7-16A-7
Qualifications of assistant defenders--Assignment to cases.
7-16A-8
Facilities and supplies for office.
7-16A-9
Persons to be represented--Services provided.
7-16A-10
Proceedings in which indigents represented--Co-counsel.
7-16A-11
Representation restricted to state courts--Federal matters excepted--Compensation
paid by federal courts.
7-16A-12
Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.
7-16A-13
Extension to representation in municipal ordinance violations--Contributions by
municipality.
7-16A-14
Payment of expenses directly related to particular cases.
7-16A-15
Apportionment of expenses not otherwise allocable.
7-16A-16
County appropriations for public defender fund--Administration and accounting for
fund--Private contributions.
7-16A-17
Monthly report to circuit court for setting liens--Disposition of funds collected from
liens.
7-16A-18
Records maintained by public defender--Annual report to advisory committee.
7-16A-1. Establishment of office by commissioners' resolution.
Each board of county commissioners may, by resolution, establish and maintain an office of public defender to fulfill the requirements of § 23A-40-7.
Source: SL 1978, ch 152, § 1.
7-16A-2. Joint office established by two or more counties.
If a board of county commissioners elects to establish and maintain an office of public defender, it may join with the board of county commissioners of one or more other counties to jointly establish and maintain an office of public defender. In that case the participating counties shall be treated for the purpose of this chapter as if they were one county.
Source: SL 1978, ch 152, § 6.
7-16A-3. Provisions by establishing board for office.
If a board of county commissioners elects to establish an office of public defender it shall:
(1) Prescribe the qualifications of the public defender, the term of office and the rate of annual compensation; and
(2) Provide for the establishment, maintenance, and support of the office.
Source: SL 1978, ch 152, § 1.
7-16A-4. Advisory committee to be established--Composition--Chairman.
A public defender advisory committee shall be established whenever an office of public defender is established. A committee shall consist of the following members:
(1) One person not admitted to the practice of law, not an employee of the county, and not a law enforcement officer, who shall be appointed by the county commissioners of the originating county;
(2) Two members of the board of county commissioners of the county, or if two or more counties are participating, one commissioner from each county, who shall be appointed by the chairman of the board of county commissioners of each county;
(3) Two attorneys practicing in the county or one attorney, if available, from each county, if two or more counties are participating in the plan, who shall be appointed by the presiding judge of the county's circuit court.
The committee shall elect one of its members as chairman.
Source: SL 1978, ch 152, § 2; SL 1983, ch 45, § 1.
7-16A-5. Appointment and qualifications of public defender.
The advisory committee shall appoint and dismiss the public defender. To be appointed, a person shall be licensed to practice law in this state, be competent to counsel and defend a person charged with a crime, and have basic knowledge of, and experience in, criminal law.
Source: SL 1978, ch 152, §§ 3, 4; SL 1983, ch 45, § 2.
7-16A-6. Employment of personnel for defender's office--Administration.
If an office of public defender has been established, the board of county commissioners may employ, on recommendation by the public defender and in the manner and at the compensation prescribed by the advisory committee, such assistant public defenders, clerks, investigators, stenographers, and other persons as the advisory committee considers necessary for carrying out the public defender's duties. The employees shall serve at the pleasure of the public defender. Such employees and the public defender shall, for administrative purposes, be considered to be employees of the county which administers the public defender fund.
Source: SL 1978, ch 152, § 7.
7-16A-7. Qualifications of assistant defenders--Assignment to cases.
An assistant public defender, before employment, must be licensed to practice law in this state and be competent to counsel and defend a person charged with a crime. A public defender may assign and substitute his assistant public defenders to cases referred to the office of the public defender without prior approval of the court.
Source: SL 1978, ch 152, §§ 7, 11.
7-16A-8. Facilities and supplies for office.
If an office of public defender has been established the board of county commissioners shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defender's duties.
Source: SL 1978, ch 152, § 8.
7-16A-9. Persons to be represented--Services provided.
A public defender shall represent any indigent person who is:
(1) Detained by a law enforcement officer without charge or judicial process;
(2) Arrested or charged with having committed a crime or of being a juvenile delinquent;
(3) Detained under a conviction of a crime, juvenile delinquency, or mental illness; or
(4) Otherwise an indigent person entitled to representation by law, to the same extent as a person having his or her own counsel, and with the necessary services and facilities of representation, including investigation and other preparation, authorized or approved by a court.
Source: SL 1978, ch 152, § 9; SL 2016, ch 44, § 35.
7-16A-10. Proceedings in which indigents represented--Co-counsel.
An indigent person who is entitled to be represented by a public defender shall be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney, including the revocation of probation or parole, appeal, and any other post-conviction proceeding that the public defender and the indigent consider appropriate, unless the court in which a proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense. Representation may include co-counsel or associate counsel in appropriate cases.
Source: SL 1978, ch 152, § 9.
7-16A-11. Representation restricted to state courts--Federal matters excepted--Compensation paid by federal courts.
This chapter applies only to representation in the courts of this state, except that it does not prohibit a public defender from representing an indigent person in an action seeking relief other than the recovery of money damages in a federal court of the United States, if;
(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state;
(2) Representation is under a plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. § 3006A) and is approved by the board of county commissioners;
(3) The matter arises out of an action pending in the juvenile courts of this state; or
(4) The matter arises out of an action pending for the involuntary commitment to the state hospital.
Any compensation paid by a federal court of the United States shall be placed directly in the public defender fund.
Source: SL 1978, ch 152, § 16.
7-16A-12. Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.
If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to represent the indigent person.
A substitute attorney has the same duty to the indigent person as the public defender for whom the attorney is substituted. The court shall prescribe reasonable compensation for the substitute attorney and approve the expenses necessarily made by the attorney for the defense of the indigent person in the manner pursuant to § 23A-40-8.
Source: SL 1978, ch 152, § 10; SL 2016, ch 44, § 36.
7-16A-13. Extension to representation in municipal ordinance violations--Contributions by municipality.
The governing body of a municipality situated in a county in which an office of public defender has been established, may request the board of county commissioners of the county to extend the duties of the public defender to represent all indigent persons who are subject to proceedings for a violation of the ordinances of the municipality. On receipt of the request, the board of county commissioners shall adopt a resolution so extending the duties of the public defender. The contribution that the municipality shall make toward the expenses of the public defender whose duties include the municipality, shall be set and paid as provided by written contract of the board of county commissioners and the governing body of the municipality involved.
Source: SL 1978, ch 152, § 5.
7-16A-14. Payment of expenses directly related to particular cases.
Any direct expense, including the cost of a transcript or substitute for a transcript, that is necessarily incurred in representing an indigent under this chapter shall be paid by the municipality or county on behalf of which the service is performed.
Source: SL 1978, ch 152, § 13.
7-16A-15. Apportionment of expenses not otherwise allocable.
If two or more jurisdictions jointly establish an office of public defender, the expenses not otherwise allocable among the participating jurisdictions, unless otherwise agreed upon, shall be allocated on the basis of population according to the most recent federal decennial census.
Source: SL 1978, ch 152, § 14.
7-16A-16. County appropriations for public defender fund--Administration and accounting for fund--Private contributions.
The board of county commissioners of each county participating in a public defender plan shall annually appropriate money from the general fund to administer the public defender. The funds appropriated by the participating counties shall be placed in a public defender fund which shall be administered by the county originating the public defender plan, unless otherwise agreed upon by the participating boards of county commissioners. Private contributions for the support of the office may be accepted and placed in the fund. The county administering the fund shall give an annual accounting to other participating counties.
Source: SL 1978, ch 152, § 12; SL 1985, ch 77, § 4.
7-16A-17. Monthly report to circuit court for setting liens--Disposition of funds collected from liens.
Each public defender shall submit, at least monthly, to the presiding judge of his circuit court, a list of cases disposed of by his office for the purpose of setting the liens required by § 23A-40-9. Any funds collected from public defender liens pursuant to the provisions of § 23A-40-9 shall be placed in the public defender fund to carry out the provisions of this chapter.
Source: SL 1978, ch 152, § 15.
7-16A-18. Records maintained by public defender--Annual report to advisory committee.
A public defender shall keep appropriate records for each indigent person represented by the public defender's office. A public defender shall submit an annual report to the advisory committee showing the number of indigent persons represented by the public defender's office, the crimes involved, the outcome of each case, and the expenditures made in carrying out the public defender's responsibilities.
Source: SL 1978, ch 152, § 17; SL 2016, ch 44, § 37.
7-16B-1 to 7-16B-12. Repealed.
7-16B-13
County legal expense relief fund established--Administration.
7-16B-14
Request for participation fund--Minimum number of participating counties required
for chapter to become effective--Time limit.
7-16B-15
Promulgation of rules.
7-16B-16
Application for funds--Qualifying amount of expenses.
7-16B-17
Approval of application and disbursements--Amount.
7-16B-18
Series of trials as one trial.
7-16B-19
Calculation of disbursements and each county's share--Certification of assessment.
7-16B-19.1
Supplemental assessment if fund reserve is likely to be depleted.
7-16B-20
Factors utilized in computing participating county's share of fund.
7-16B-21
Acceptance of gifts, contributions or funds authorized.
7-16B-22
County legal expense relief board established--Appointment and term of members--Payment of board's costs.
7-16B-13. County legal expense relief fund established--Administration.
There is established at the association of county commissioners a county legal expense relief fund administered by the county legal expense relief board created pursuant to § 7-16B-22. Expenditures from the fund shall be approved by the board.
Source: SL 1992, ch 55, § 1; SL 1995, ch 40; SL 2010, ch 37, § 1; SL 2016, ch 44, § 38.
7-16B-14. Request for participation fund--Minimum number of participating counties required for chapter to become effective--Time limit.
A majority of the members-elect of the county commission shall pass a resolution requesting participation in the county legal expense relief fund before November 1, 1993, to initially be considered a participating county for the purposes of this chapter. If less than thirty-five of the counties in the state have passed resolutions requesting participation in this chapter before November 1, 1993, this chapter does not become effective. Each board of county commissioners shall by resolution take official action on whether the county will participate in the county legal expense relief fund. Such resolution shall be sent to the Office of the South Dakota Association of County Commissioners.
Source: SL 1992, ch 55, § 2; SL 1993, ch 66, § 1.
7-16B-15. Promulgation of rules.
The county legal expense relief board shall promulgate rules, pursuant to chapter 1-26, regarding the procedure and requirements for allowing additional counties to participate in the fund, the procedure and requirements for allowing participating counties to withdraw from the fund, and other policies to facilitate the administration, distributions, and assessments associated with the fund.
Source: SL 1992, ch 55, § 3; SL 1993, ch 66, § 2; SL 2016, ch 44, § 39.
7-16B-16. Application for funds--Qualifying amount of expenses.
Any participating county may apply to the board for funds from the county legal expense relief fund if that county has incurred expenses related to any one criminal prosecution resulting in a court trial that are in excess of twenty-five thousand dollars.
The application shall include such information as the board may prescribe.
Source: SL 1992, ch 55, § 4; SL 1993, ch 66, § 3; SL 1995, ch 41, § 1; SL 2016, ch 44, § 40.
7-16B-17. Approval of application and disbursements--Amount.
The board established pursuant to § 7-16B-22 shall determine if the application is in order and the claim is justified and may approve disbursements to the county for ninety percent of any expenses related to any one criminal prosecution resulting in a court trial which qualifies pursuant to § 7-16B-16 and may continue to reimburse the county for ninety percent of the expenses for that trial. Reimbursement pursuant to this section shall be made only upon that portion of the legal expenses related to such criminal prosecution resulting in a court trial which is in excess of the qualifying amount set forth in § 7-16B-16.
Source: SL 1992, ch 55, § 5; SL 1995, ch 41, § 2.
7-16B-18. Series of trials as one trial.
A series of trials arising out of a single incident shall be considered as one court trial in applying the provisions of §§ 7-16B-16 and 7-16B-17.
Source: SL 1992, ch 55, § 6.
7-16B-19. Calculation of disbursements and each county's share--Certification of assessment.
Prior to January thirty-first, the board shall calculate the actual disbursements from the county legal expense relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in § 7-16B-20. The board shall certify each participating county's share of the total assessment to the county auditor before the last day of January, April, July, and October. Each participating county shall remit its share of the county legal expense relief fund to the board within thirty days of certification.
Source: SL 1992, ch 55, § 7; SL 2012, ch 52, § 1.
7-16B-19.1. Supplemental assessment if fund reserve is likely to be depleted.
If it appears to the board that the county legal expense relief fund reserve is likely to be completely depleted, the board may determine a supplemental assessment is required and shall compute each participating county's share utilizing the formula established in § 7-16B-20. The board shall certify each participating county's share of the supplemental assessment to the county auditor. Each participating county shall remit its share of the supplemental assessment to the board within thirty days of certification.
Source: SL 2012, ch 52, § 2.
7-16B-20. Factors utilized in computing participating county's share of fund.
Each participating county's share of the county legal expense relief fund shall be computed utilizing the following factors:
(1) The percent of the total population of the participating counties in the state which reside in the county excluding individuals not subject to the jurisdiction of the unified judicial system; and
(2) The percent of the true and full assessed value of the participating counties in the state associated with the county as determined by the Department of Revenue.
Each participating county's share of the county legal expense relief assessment shall be calculated by multiplying the average of the two factors by the total assessment.
Source: SL 1992, ch 55, § 8.
7-16B-21. Acceptance of gifts, contributions or funds authorized.
The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter.
Source: SL 1992, ch 55, § 9.
7-16B-22. County legal expense relief board established--Appointment and term of members--Payment of board's costs.
There is established a county legal expense relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to § 7-7-28. The executive board of the association may appoint an alternate board member to serve when the county legal expense relief board does not have a quorum at meeting. The alternate board member may be a county commissioner or a county manager appointed pursuant to § 7-8A-4. Board members shall serve staggered terms of four years or until their term as county commissioner has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.
Source: SL 1992, ch 55, § 10; SL 2011, ch 38, § 1.
CHAPTER 7-18
CORPORATE POWERS AND OBLIGATIONS OF COUNTIES
7-18-1 County as body corporate--Party in court.
7-18-2 Seal of county.
7-18-3 Designation of official newspapers for county--Publication of board proceedings and notices.
7-18-3.1 Names of poor relief recipients not published.
7-18-4 Affidavit of official publications.
7-18-5 Report of commissioners' proceedings to be sent to official newspapers.
7-18-6 7-18-6 to 7-18-6.4. Repealed by SL 1986, ch 4, § 8.
7-18-7 Tax levy to pay judgment against county--County property exempt from process.
7-18-8 Liability insurance and agreements obtained for county--Protection for officers and employees.
7-18-9 Condemnation of private property by county--Resolution of necessity.
7-18-10 Agreements with federal agencies.
7-18-11 7-18-11. Repealed by SL 1985, ch 77, § 42.
7-18-12 Expenditures for industrial, tourist and recreational activities to nonprofit corporations or associations--Reports required--Inspection of books and records.
7-18-13 County contributions to safety programs.
7-18-14 Flood control cooperative agreements authorized.
7-18-15 County powers in implementation of flood control programs.
7-18-16 Rental facilities for economic development--Power to issue revenue bonds.
7-18-17 Rental facilities for economic development--Agreements for joint or cooperative action.
7-18-18 Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
7-18-18.1 Deferred compensation program for volunteer advanced life support personnel.
7-18-19 County authorized to provide funds for air carrier air service.
7-18-20 Adoption of ordinances to protect groundwater authorized--Scope and purpose--Agreements to implement and enforce wellhead protection program.
7-18-21 Temporary campgrounds--Permit required.
7-18-22 Special events--Permits.
7-18-23 County funded fire protection services.
7-18-24 Petition for public hearing on sale of gravel by county.
7-18-25 Scheduling public hearing on sale of gravel--Notice.
7-18-26 Public testimony--Authorization to sell gravel--Resale prohibited.
7-18-27 Annual hearing on continuance of sale of gravel--Notice.
7-18-28 Lease of federal or state real property for public purposes.
7-18-29 Authority of county commissioners to regulate hawkers, peddlers, pawnbrokers, ticket scalpers or employment agencies.
7-18-30 Lease, sale, gift or conveyance by county authorized.
7-18-31 Conditions of lease of county-owned property.
7-18-32 Hearing required for lease of certain property.
7-18-33 Application of chapter 7-30.
7-18-34 Contributions to technical colleges.
7-18-1. County as body corporate--Party in court.
Each county is a body corporate for civil and political purposes only, and as such may sue and be sued, plead and be impleaded, in any court in this state.
Source: SL 1874-5, ch 27, § 28; PolC 1877, ch 21, § 13; CL 1887, § 572; RPolC 1903, § 795; RC 1919, § 5791; SL 1935, ch 79; SDC 1939, § 12.1801; SL 1985, ch 15, § 23.
7-18-2. Seal of county.
The board of county commissioners shall procure and keep a seal with emblems and devices as the board deems proper. This shall be the seal of the county and the county auditor may not use any other seal.
Source: SL 1874-5, ch 27, §§ 38, 39; PolC 1877, ch 21, § 17; CL 1887, § 578; RPolC 1903, § 817; RC 1919, § 5868; SDC 1939, § 12.1802; SL 2016, ch 44, § 41.
7-18-3. Designation of official newspapers for county--Publication of board proceedings and notices.
At its regular meeting in January of each year the board of county commissioners shall designate three legal newspapers printed in the county as official newspapers. If there are not three legal newspapers within the county, then as many newspapers that are legal newspapers. No more than two newspapers within the same municipality may be designated as official newspapers by the county, if there are other legal newspapers published elsewhere within the county.
The board shall publish a full and complete report of all its official proceedings at all regular and special meetings and shall publish proceedings as soon after any meeting as practicable. The board shall pay for publishing the proceedings at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in chapter 17-2.
All notices required by law to be published by the county auditor shall also be published in the official newspapers. If any notice includes a legal description of property outside the incorporated limits of a municipality, the notice may include a physical description of the property from the nearest incorporated municipality.
Source: SL 1874-5, ch 25, § 1; PolC 1877, ch 21, § 54; CL 1887, § 619; SL 1901, ch 97, § 1; RPolC 1903, § 859; RC 1919, § 5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2009, ch 29, § 1; SL 2016, ch 44, § 42.
7-18-3.1. Names of poor relief recipients not published.
The name of any person receiving or who is entitled to poor relief as provided in chapter 28-13 may not be published as a part of the minutes of county commissioners meetings as provided in § 7-18-3.
Source: SL 1975, ch 79, § 1; SL 2016, ch 44, § 43.
7-18-4. Affidavit of official publications.
Each official newspaper shall file an affidavit of publication with the county auditor, executed in due form, of all legal official publications made by the county.
Source: SL 1874-5, ch 25, § 1; PolC 1877, ch 21, § 54; CL 1887, § 619; SL 1901, ch 97, § 1; RPolC 1903, § 859; RC 1919, § 5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, § 44.
7-18-5. Report of commissioners' proceedings to be sent to official newspapers.
The county auditor shall make a full and complete report of the proceedings of each regular and special meeting of the board and send a copy to the official newspapers. The report shall be sent within one week from the time each meeting is held.
Source: CL 1887, § 620; SL 1895, ch 54, § 1; RPolC 1903, § 860; RC 1919, § 5896; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, § 45.
7-18-7. Tax levy to pay judgment against county--County property exempt from process.
If any judgment is obtained against a county, the board of county commissioners may, at any time after the expiration of six months from the rendition of the judgment, assess and collect a sufficient amount of revenue to pay off and discharge the judgment. The property of the county and of persons owning property situated or liable to taxation therein may not be subject to judgment lien or liens, nor to seizure or sale upon execution or other process of any court. The levy authorized by this section is in addition to the levy authorized in § 10-12-21.
Source: SL 1874-5, ch 27, § 29; PolC 1877, ch 21, § 14; SL 1881, ch 54, § 1; CL 1887, § 573; RPolC 1903, § 796; RC 1919, § 5792; SDC 1939, § 12.1805; SL 1985, ch 77, § 5.
7-18-8. Liability insurance and agreements obtained for county--Protection for officers and employees.
Any board of county commissioners may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the county in meeting obligations arising from such acts or omissions for which the county may be legally liable. The liability insurance coverage or other arrangement obtained shall protect the county officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.
Source: SL 1949, ch 28; SDC Supp 1960, § 12.1810; SL 1975, ch 80; SL 1978, ch 50, § 1; SL 1987, ch 75, § 2.
7-18-9. Condemnation of private property by county--Resolution of necessity.
The board of county commissioners may condemn private property for public purposes in the manner and to the extent provided by law.
If the board of county commissioners deems it necessary to condemn private property for the purpose of opening, constructing, changing, relocating, maintaining, repairing, or extending any highway or bridge within its county, or for the purpose of erecting, repairing, or extending any courthouse, jail, or other public building, and of acquiring other or additional ground therefor, or for the purpose of providing cut slopes, borrow pits, or channel changes, or to afford unobstructed vision on the highways in the county at any point of danger to public travel, for right-of-way and borrow pit, or for the purpose of making any other public improvement or to acquire private property for any public use authorized by law, the board shall by resolution declare an appropriation necessary to be made and state the purpose and extent of the appropriation.
Nothing in this section may be construed as authorizing county commissioners to condemn property for county courthouse or jail site until a majority of the voters of a county have voted in favor of the erection of a courthouse or jail.
Source: SL 1913, ch 152, §§ 1, 2; RC 1919, §§ 5805, 5806; SDC 1939, § 12.1806; SL 1957, ch 25; SL 2016, ch 44, § 46.
7-18-10. Agreements with federal agencies.
Any county of this state may, through its board of commissioners, enter into agreements with and receive grants from federal agencies.
Source: SL 1965, ch 211, § 2; SL 2016, ch 44, § 47.
7-18-12. Expenditures for industrial, tourist and recreational activities to nonprofit corporations or associations--Reports required--Inspection of books and records.
The board of county commissioners may promote industrial, tourist, and recreational activities and make payment from the general fund to nonprofit corporations or associations engaged in promotion either within or outside of the boundaries of the county. Any nonprofit corporation or association which accepts funds from a board of county commissioners, shall file an annual report of all receipts and expenditures with the county auditor not later than December thirty-first of each year. All books and records of the nonprofit corporation or association may be inspected by any member of the board of county commissioners, or by any agent or attorney representing the board, for any proper purpose at any reasonable time.
Source: SL 1969, ch 28; SL 1985, ch 77, § 6.
7-18-13. County contributions to safety programs.
Any county of this state that has a population of thirty thousand or more, through its board of commissioners may, from its general fund, contribute to the support of a program of safety and the prevention of accidents. Such support may be, in whole or in part, to a safety council operated on any plan of membership and action as formulated by the National Safety Council.
Source: SL 1971, ch 49.
7-18-14. Flood control cooperative agreements authorized.
Every county shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate with and furnish assurances of cooperation and sponsorship as required by federal or state law in preventing or controlling flooding.
Source: SL 1971, ch 48; SL 1972, ch 46.
7-18-15. County powers in implementation of flood control programs.
Every county shall have power
(1) To prevent or control flooding within its boundaries which endangers property;
(2) To enter into agreements with the United States, with the State of South Dakota, and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling such flooding;
(3) To acquire by lease, purchase, gift, grant-in-aid, condemnation, or other lawful means and hold in its name for use and control as provided by law both real and personal property and easements and rights of way within the boundaries of the county for all purposes necessary to prevent or control such flooding; and
(4) For any and all of the foregoing purposes, to appropriate moneys therefor.
Source: SL 1971, ch 48.
7-18-16. Rental facilities for economic development--Power to issue revenue bonds.
All powers conferred upon municipalities under chapter 9-54 relating to the power to issue revenue bonds shall also be applicable to any county.
Source: SL 1972, ch 45, § 1.
7-18-17. Rental facilities for economic development--Agreements for joint or cooperative action.
Any county, in order to accomplish the purposes provided in chapter 9-54, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24.
Source: SL 1972, ch 45, § 1.
7-18-18. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any county with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the county or by the volunteer firefighters and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source: SL 1986, ch 71, § 2.
7-18-18.1. Deferred compensation program for volunteer advanced life support personnel.
Any county with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the county or by the volunteer advanced life support personnel and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source: SL 2011, ch 36, § 1.
7-18-19. County authorized to provide funds for air carrier air service.
A county may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled air carrier under contract with the South Dakota Airline Authority. Funds provided by a county to pay compensation for such air service shall be budgeted pursuant to chapter 7-21.
Source: SL 1988, ch 376, § 2; SL 1990, ch 377, § 1.
7-18-20. Adoption of ordinances to protect groundwater authorized--Scope and purpose--Agreements to implement and enforce wellhead protection program.
A county may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17, and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A county may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.
Source: SL 1989, ch 306, § 44.
7-18-21. Temporary campgrounds--Permit required.
The provisions of chapter 34-18 notwithstanding, a county may require that the owners or operators of temporary campgrounds secure a permit from the county before operating as a temporary campground within the county. For the purposes of this section, a temporary campground is any campground which operates at a fixed location for a temporary period of time in connection with a fair, carnival, public exhibition, or similar gathering. The owner or operator of a temporary campground shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a temporary campground permit.
Source: SL 1991, ch 62, § 1.
7-18-22. Special events--Permits.
A county may require that the promoters of a special event secure a permit from the county before a special event may be conducted within the county unless the special event is carried on exclusively within the boundaries of a municipality. For the purposes of this section, a special event includes a fair, carnival, concert, public exhibition, or similar gathering except for special events sponsored, in whole or in part, by an accredited South Dakota educational institution. The promoter of a special event shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a special event permit.
Source: SL 1991, ch 62, § 2.
7-18-23. County funded fire protection services.
The board of county commissioners of this state may organize and fund fire protection services for that part of the county that does not have fire protection service provided and funded by a township or rural fire protection district or by a volunteer fire department that is funded wholly or in part by donations from the people served by such department. The board of county commissioners may employ such personnel and purchase such equipment and supplies as necessary to provide such fire protection. The expenses incurred by the county pursuant to this section shall be within the maximum tax levy pursuant to § 10-12-21.
Source: SL 1991, ch 68, § 2.
7-18-24. Petition for public hearing on sale of gravel by county.
If no private person sells crushed gravel within a county, twenty residents of such county may petition the board of county commissioners to hold a public hearing on the sale of gravel by the county.
Source: SL 1992, ch 57, § 1.
7-18-25. Scheduling public hearing on sale of gravel--Notice.
If the board of county commissioners receives a petition pursuant to § 7-18-24, the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two successive weeks in the legal newspapers of the county.
Source: SL 1992, ch 57, § 2.
7-18-26. Public testimony--Authorization to sell gravel--Resale prohibited.
At a hearing held pursuant to §§ 7-18-24 to 7-18-27, inclusive, the board of county commissioners shall take public testimony on the question of whether the county should sell gravel. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to sell gravel, the board may authorize the sale of gravel by the county to the residents of such county for not less than the county's cost for such gravel. No person who purchases gravel from a county pursuant to this section may sell such gravel.
Source: SL 1992, ch 57, § 3.
7-18-27. Annual hearing on continuance of sale of gravel--Notice.
The board of county commissioners shall annually hold a public hearing on the continuance of the sale of gravel by the county. Such hearing shall be published pursuant to § 7-18-25.
Source: SL 1992, ch 57, § 4.
7-18-28. Lease of federal or state real property for public purposes.
Any county may lease real property within the county from federal or state agencies to promote, establish, and maintain recreational, industrial, or economic development opportunities, and may sublease the property to any person for any such authorized public purpose. Any lease or sublease shall be authorized on the terms and in the manner provided by resolution of the commissioners, and the provisions of chapter 7-30 do not apply.
Source: SL 1992, ch 56.
7-18-29. Authority of county commissioners to regulate hawkers, peddlers, pawnbrokers, ticket scalpers or employment agencies.
Each board of county commissioners may license, tax, regulate, or prohibit any hawkers, peddlers, pawnbrokers, ticket scalpers, or employment agencies not otherwise licensed, taxed, regulated, or prohibited pursuant to § 9-34-8.
Source: SL 1994, ch 64, § 3.
7-18-30. Lease, sale, gift or conveyance by county authorized.
Any county may lease or sell or give and convey any personal or real property of the county or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conveyance, or the performance of such work, to be authorized, shall be made or done on the terms and in the manner provided by resolution of the governing body.
Source: SL 1996, ch 55, § 1.
7-18-31. Conditions of lease of county-owned property.
Any county may lease its county-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body.
Source: SL 1996, ch 55, § 2.
7-18-32. Hearing required for lease of certain property.
If the governing body decides to lease any county-owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines.
Source: SL 1996, ch 55, § 3.
7-18-33. Application of chapter 7-30.
The provisions of chapter 7-30 do not apply to §§ 7-18-30 to 7-18-32, inclusive.
Source: SL 1996, ch 55, § 4.
7-18-34. Contributions to technical colleges.
Any county of this state may, through its county commissioners, contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the county general fund, the capital outlay fund, or both.
Source: SL 2014, ch 93, § 2, eff. Mar. 28, 2014; SL 2020, ch 61, § 34.
CHAPTER 7-18A
ORDINANCES AND RESOLUTIONS
7-18A-1 Definition of terms.
7-18A-2 Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
7-18A-3 One subject in title.
7-18A-4 Ordaining clause.
7-18A-5 Reading, signing, filing, and publication required.
7-18A-6 Vote on ordinances--Entry in minutes.
7-18A-7 Passage of resolutions--Record of votes--Publication in minutes.
7-18A-8 Effective date of ordinances and resolutions--Exceptions.
7-18A-9 Initiated measures--Number of voters required.
7-18A-10 Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.
7-18A-11 Initiative petition--Form and contents.
7-18A-12 Affidavit required of circulators of petition.
7-18A-13 Board action on initiative petition--Submission to voters.
7-18A-14 Majority vote required for approval of initiated measure--Effective date.
7-18A-15 Referendum petition--Number of signatures required--Emergency measures excepted.
7-18A-15.1 Legislative decision of board subject to referendum--Administrative decision not subject to referendum.
7-18A-16 Time of filing referendum petition--Submission to voters required.
7-18A-17 Description in petition of referred matters.
7-18A-18 Signature requirements for referendum petition--Verification.
7-18A-18.1 Certification regarding petition signatures by county auditor--Notice to petition sponsors.
7-18A-19 Special election on referendum petition--Submission at primary or general election.
7-18A-20 Publication of referred measure--Contents.
7-18A-21 Referendum ballot printing and distribution--Form and contents.
7-18A-22 Majority vote required to approve referred measure--Effective date.
7-18A-23 Preservation of referendum petitions--Public inspection.
7-18A-24 Waiting period before second vote on initiated or referred question.
7-18A-25 Ordinance book kept--Contents.
7-18A-25.1 Posting of ordinance book on county website.
7-18A-26 7-18A-26. Repealed by SL 2016, ch 44, § 51.
7-18A-27 Compilation of ordinances in book form--Publication.
7-18A-28 Revision committee appointed by board.
7-18A-29 Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.
7-18A-30 Admissibility of ordinances and resolutions as evidence.
7-18A-31 Proof of compliance with procedural provisions not required unless controverted.
7-18A-32 Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.
7-18A-33 Degree of proof when jail sentence authorized.
7-18A-34 Appeal to circuit court from magistrate court--Trial de novo and jury trial.
7-18A-35 Disposition of fines and penalties.
7-18A-36 Firearms regulation prohibited--Action by attorney general.
7-18A-37 Criminal background check of persons seeking employment with county.
7-18A-38 Guaranteed income program prohibited--Enforcement--Definition.
7-18A-1. Definition of terms.
Terms used in this chapter, unless the context plainly requires otherwise, shall mean:
(1) "Board," a board of county commissioners;
(2) "Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers;
(3) "Publish," publication in the official county newspapers;
(4) "Resolution," any determination, decision, or direction of a board of county commissioners of a special or temporary character, made for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
Source: SL 1975, ch 82, § 1.
7-18A-2. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any or all of the following:
(1) A fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment; or
(2) An action for civil injunctive relief, pursuant to chapter 21-8.
Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 1; SL 1991, ch 187, § 1; SL 2007, ch 39, § 1.
7-18A-3. One subject in title.
An ordinance shall embrace only one subject, which shall be expressed in its title.
Source: SL 1975, ch 82, § 5.
7-18A-4. Ordaining clause.
The style of all ordinances shall be as follows: "An ordinance ________ (inserting the title)" followed by: "Be it ordained by ________ county," followed by the substance of the ordinance.
Source: SL 1975, ch 82, § 6.
7-18A-5. Reading, signing, filing, and publication required.
The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. Any ordinance shall be signed by the chairman of the board or the acting chairman, filed with the county auditor and published once. However, an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but, upon adoption of such an ordinance, the auditor shall publish a notice of the fact of adoption once a week for two successive weeks.
Source: SL 1975, ch 82, § 7; SL 1989, ch 68; SL 2021, ch 38, § 1.
7-18A-6. Vote on ordinances--Entry in minutes.
The vote on all ordinances on the second reading shall be taken by yeas and nays and entered in the minutes of the meeting.
Source: SL 1975, ch 82, § 8.
7-18A-7. Passage of resolutions--Record of votes--Publication in minutes.
A resolution may be passed after one reading. It shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against the same. It shall be published in full as part of the minutes of the board.
Source: SL 1975, ch 82, § 9.
7-18A-8. Effective date of ordinances and resolutions--Exceptions.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the county government and its existing public institutions; which provide for an election or hearing on an improvement or assessment; or which call for bids which take effect upon the passage and publication thereof, every resolution or ordinance passed by a board shall take effect on the twentieth day after its completed publication unless suspended by operation of a referendum.
Source: SL 1975, ch 82, § 10.
7-18A-9. Initiated measures--Number of voters required.
The right to propose ordinances and resolutions for the government of a county shall rest with five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election.
Source: SL 1975, ch 82, § 19; SL 1987, ch 67, § 6.
7-18A-10. Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.
An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions, or which would nullify the purpose for which bonds have been sold by a county pursuant to statutory authority, unless proposed within a period of thirty days after the first publication of the advertisement of the notice of sale of such bonds.
Source: SL 1975, ch 82, § 22.
7-18A-11. Initiative petition--Form and contents.
The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall add the signer's place of residence and the month and day of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.
Source: SL 1975, ch 82, § 20; SL 1985, ch 53; SL 1990, ch 104, § 2; SL 1992, ch 110, § 3; SL 2010, ch 74, § 4.
7-18A-12. Affidavit required of circulators of petition.
Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.
Source: SL 1975, ch 82, § 21; SL 1989, ch 69; SL 2016, ch 44, § 48.
7-18A-13. Board action on initiative petition--Submission to voters.
If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall enact the proposed ordinance or resolution and shall submit it to a vote of the voters in the manner prescribed for a referendum within sixty days after the final enactment. However, if the petition is filed within three months prior to the primary or general election, the ordinance or resolution may be submitted at the primary or general election.
Source: SL 1975, ch 82, § 23; SL 1983, ch 47, § 1; SL 2016, ch 44, § 49.
7-18A-14. Majority vote required for approval of initiated measure--Effective date.
No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution takes effect upon the completion of the canvass of the election returns.
Source: SL 1975, ch 82, § 24; SL 2016, ch 44, § 50.
7-18A-15. Referendum petition--Number of signatures required--Emergency measures excepted.
Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions as may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the county government and its existing public institutions.
Source: SL 1975, ch 82, § 25; SL 1988, ch 63, § 3.
7-18A-15.1. Legislative decision of board subject to referendum--Administrative decision not subject to referendum.
Any legislative decision of a board of county commissioners is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.
Source: SL 1986, ch 73, § 3.
7-18A-16. Time of filing referendum petition--Submission to voters required.
A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance or resolution to a vote of the qualified voters of the county for rejection or approval of the ordinance or resolution.
Source: SL 1975, ch 82, § 26; SL 2022, ch 20, § 1.
7-18A-17. Description in petition of referred matters.
If the matter intended to be covered by a referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.
Source: SL 1975, ch 82, § 27.
7-18A-18. Signature requirements for referendum petition--Verification.
Voters signing a referendum petition shall comply with the requirements of § 7-18A-11, and it shall be verified in accordance with § 7-18A-12.
Source: SL 1975, ch 82, § 28.
7-18A-18.1. Certification regarding petition signatures by county auditor--Notice to petition sponsors.
If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the ballot pursuant to the provisions of this chapter. If the validation process of the petition indicates that an insufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on a ballot pursuant to the provisions of this chapter. The county auditor shall, within five days of certifying, notify the petition sponsors by certified mail of the county auditor's action pursuant to this section.
Source: SL 2017, ch 12, § 4.
7-18A-19. Special election on referendum petition--Submission at primary or general election.
A special election shall be held within sixty days after the filing of a petition under § 7-18A-15. However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the primary, general, or statewide special election.
Source: SL 1975, ch 82, § 29; SL 1983, ch 47, § 2; SL 2002, ch 40, § 1.
7-18A-20. Publication of referred measure--Contents.
The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election.
Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the voters. If only a portion thereof is covered by the petition, the notice will state what portion will be submitted.
Source: SL 1975, ch 82, § 30.
7-18A-21. Referendum ballot printing and distribution--Form and contents.
The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them distributed as other official ballots are distributed.
Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney.
All questions to be voted upon at the same election may be submitted upon the same ballot.
Source: SL 1975, ch 82, § 31.
7-18A-22. Majority vote required to approve referred measure--Effective date.
No referred ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If approved, it shall take effect upon completion of the canvass of the election returns relating thereto.
Source: SL 1975, ch 82, § 32.
7-18A-23. Preservation of referendum petitions--Public inspection.
The auditor shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request.
Source: SL 1975, ch 82, § 33.
7-18A-24. Waiting period before second vote on initiated or referred question.
No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon.
Source: SL 1975, ch 82, § 34.
7-18A-25. Ordinance book kept--Contents.
After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the "Ordinance Book" and shall file the affidavit of publication with the original ordinance.
Source: SL 1975, ch 82, § 11.
7-18A-25.1. Posting of ordinance book on county website.
If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted.
Source: SL 2019, ch 50, § 1.
7-18A-27. Compilation of ordinances in book form--Publication.
Every county shall have power to compile its ordinances without revision or amendment, not more often than once in five years, for publication in book form. The compilation shall be effective without the publication required for ordinances.
Source: SL 1975, ch 82, § 12.
7-18A-28. Revision committee appointed by board.
Each board, not more often than once every five years, may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance which revises the ordinances of the county.
Source: SL 1975, ch 82, § 14.
7-18A-29. Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.
Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, that an ordinance in revision was adopted. Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper. The board shall publish the revised ordinances in book form.
Source: SL 1975, ch 82, § 15.
7-18A-30. Admissibility of ordinances and resolutions as evidence.
An original ordinance or resolution, the record in the ordinance book or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of a board are admissible in evidence without further proof.
Source: SL 1975, ch 82, § 16.
7-18A-31. Proof of compliance with procedural provisions not required unless controverted.
In any action or proceeding instituted pursuant to an ordinance or resolution passed pursuant to this chapter, it shall not be required to show compliance with the provisions of this chapter as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.
Source: SL 1975, ch 82, § 17.
7-18A-32. Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.
Actions for violations of county ordinances shall be civil cases and the county shall be the plaintiff. The actions shall be commenced by the filing of a complaint and the response thereto shall be by oral plea or written answer. Conduct for the trials of violation of county ordinances and resolutions shall be governed by the procedure used in all proceedings for violations of ordinances and bylaws of units of local government of this state as referred to in § 23A-1-1. If the procedure does not cover or apply to a specific portion of the proceeding, the rules of civil procedure apply.
Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 2.
7-18A-33. Degree of proof when jail sentence authorized.
In the prosecution for the violation of any county ordinance which authorizes a penalty of a jail sentence, the county shall prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt.
Source: SL 1975, ch 82, § 3.
7-18A-34. Appeal to circuit court from magistrate court--Trial de novo and jury trial.
In any action or proceeding brought in magistrate court for the violation of an ordinance or resolution passed pursuant to this chapter, the defendant shall have the right to appeal the verdict to the circuit court and the right to a trial de novo and a jury trial in the circuit court.
Source: SL 1975, ch 82, § 18.
7-18A-35. Disposition of fines and penalties.
All fines, penalties, and forfeitures collected for violations of a county ordinance, resolution, or charter shall be distributed in accordance with § 16-2-34.
Source: SL 1975, ch 82, § 4; SL 1984, ch 12, § 7.
7-18A-36. Firearms regulation prohibited--Action by attorney general.
No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source: SL 1983, ch 38, § 2; SL 2019, ch 51, § 1.
7-18A-37. Criminal background check of persons seeking employment with county.
Any county may, by ordinance, require any person over eighteen years of age seeking employment with the county to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The ordinance shall specify which occupations or positions require a criminal background check. The county may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the county all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of employment.
Source: SL 2010, ch 38, § 1.
7-18A-38. Guaranteed income program prohibited--Enforcement--Definition.
A county may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a county fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a county that has adopted an ordinance, order, rule, or program in violation of this section.
For the purposes of this section, the term "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. The term does not include a program under which an individual is required to seek reemployment as a condition of any payments, perform work, or attend training.
Source: SL 2024, ch 27, § 1.
7-19-1
Circuit court authorization for commencement and prosecution of action.
7-19-2
County purchase of real estate sold on execution.
7-19-3
Compromise of mortgage indebtedness authorized on refinancing.
7-19-4
Resolution for compromise of mortgage indebtedness.
7-19-5
Circuit court hearing and confirmation of mortgage indebtedness compromise.
7-19-6
Validation of prior mortgage compromises by county commissioners.
7-19-7
School mortgage obligation to state unimpaired.
7-19-8
Action to set aside mortgage compromise prohibited.
7-19-9
Action to set aside county conveyance after mortgage compromise prohibited.
7-19-1. Circuit court authorization for commencement and prosecution of action.
The state's attorney may commence and prosecute actions in the name of and on behalf of the county as provided in this chapter.
If in the opinion of the state's attorney the commencement and prosecution of any action is necessary to protect the interests of the county in any matter or to recover any money due the county from any person, the state's attorney may present to the judge of the circuit court of the circuit in which the county is situated a summons and complaint in such matter and ask leave of the judge to commence such action. If it appears to the judge that the interests of the county presumably require the prosecution of the action, the judge shall endorse the summons. Then the state's attorney may commence and prosecute the action.
Source: SL 1897, ch 115, §§ 1 to 3; RPolC 1903, §§ 941 to 943; RC 1919, §§ 6011 to 6013; SDC 1939, § 12.1303; SL 2016, ch 44, § 52.
7-19-2. County purchase of real estate sold on execution.
If any real estate is advertised to be sold at execution sale, held pursuant to any judgment in an action to which any county shall be a party, the board of county commissioners of the county may instruct the county auditor to bid on the real estate in the name of the county. The commissioners shall fix the maximum price for the auditor to bid for the real estate. The county auditor upon the receipt of the instructions shall attend the sale. The county auditor shall bid on the real estate, but may not exceed the maximum amount fixed by the board. The county auditor shall purchase the real estate at the lowest price at which the real estate can be procured. Any county may hold in its own name and for its own benefit all real estate acquired under the provisions of this section.
Source: SL 1891, ch 43, §§ 1 to 3; RPolC 1903, §§ 797 to 799; RC 1919, §§ 5793 to 5795; SDC 1939, § 12.1915; SL 2016, ch 44, § 53.
7-19-3. Compromise of mortgage indebtedness authorized on refinancing.
Whenever any school fund mortgage or courthouse or jail building fund loan mortgage held by any county is in default and is being refinanced through any other loaning agency, and the total amount due thereon for principal, interest, and taxes is greater than the value of the real estate securing such mortgage, and it is impossible to collect the full amount of said mortgage indebtedness by foreclosure of said mortgage or otherwise, the board of county commissioners may in its discretion compromise the amount due on such mortgage for cash or federal farm mortgage corporation bonds which said compromise shall be in full satisfaction of any such loan if in the opinion of said board such compromise would be to the advantage and best interest of said county.
Source: SL 1935, ch 81, § 1; SDC 1939, § 12.1916.
7-19-4. Resolution for compromise of mortgage indebtedness.
The compromise authorized by § 7-19-3 shall be by resolution duly made and entered of record, setting forth the description of the land secured by said mortgage, the amount due thereon for principal, interest, and taxes, and the sum for which said mortgaged indebtedness is being compromised, which said resolution shall be passed by a unanimous affirmative vote of said board of county commissioners.
Source: SL 1935, ch 81, § 2; SDC 1939, § 12.1916.
7-19-5. Circuit court hearing and confirmation of mortgage indebtedness compromise.
After the passage of the resolution required by § 7-19-4, it shall be the duty of the county auditor within three days to notify the state's attorney in writing of the adoption of the same. The state's attorney shall thereupon petition the circuit court for an order approving and confirming said compromise. Such petition shall be brought on for hearing upon notice setting forth the contents of said resolution and the time and place of hearing said petition which said notice shall be published once in an official newspaper of the county at least six days prior to said hearing.
Source: SL 1935, ch 81, § 2; SDC 1939, § 12.1916.
7-19-6. Validation of prior mortgage compromises by county commissioners.
Any school fund loan mortgage or courthouse or jail building fund mortgage compromised by any board of county commissioners before February 16, 1935, is hereby legalized and declared to be valid, if such compromise was made in good faith and in the interest and to the advantage of the county.
Source: SL 1935, ch 81, § 3; SDC 1939, § 12.1916.
7-19-7. School mortgage obligation to state unimpaired.
Nothing contained in §§ 7-19-3 to 7-19-6, inclusive, shall in any way relieve any county from paying the full amount of principal and interest due to the State of South Dakota on any school fund loan mortgage compromised.
Source: SL 1935, ch 81, § 4; SDC 1939, § 12.1916.
7-19-8. Action to set aside mortgage compromise prohibited.
In all cases where a board of county commissioners of any county has, prior to July 1, 1935, effected a compromise settlement of any indebtedness secured by a state permanent school fund mortgage, no action or proceeding shall be maintained to invalidate or set aside such compromise settlement or the satisfaction of such mortgage on the ground of lack of authority of such board to effect such compromise settlement, any existing statute to the contrary notwithstanding.
Source: SL 1935, ch 145, § 1; SDC 1939, § 12.1917.
7-19-9. Action to set aside county conveyance after mortgage compromise prohibited.
In all cases where real property has, prior to July 1, 1935, been conveyed by deed to any county in satisfaction of a mortgage on said land securing the payment of a state permanent school fund loan and such real property has been thereafter conveyed by such county, no action or proceeding to invalidate, set aside, or annul such conveyance by the county on the ground of any alleged defect in the proceeding for the acquisition of such real property by such county or in the proceedings for the subsequent conveyance of such property by the county shall be maintained, any existing statute to the contrary notwithstanding.
Source: SL 1935, ch 145, § 2; SDC 1939, § 12.1917.
7-20-1
Banks eligible for deposits--Application for deposit.
7-20-1.1
Savings and loan associations as official depositories--Requirements--Maximum
amount.
7-20-1.2
Domestic federal credit union as official depository--Requirement.
7-20-2
Repealed.
7-20-3
Deposit permitted despite interest of county official.
7-20-4 to 7-20-7. Repealed.
7-20-8
Repealed.
7-20-9
Forms of deposit--Crediting of interest from deposits--Signatures required on checks.
7-20-10
Maximum deposit in one bank.
7-20-11
Repealed.
7-20-12
Removal of officer neglecting to comply--Treasurer not liable for loss of money
deposited in compliance.
7-20-13
Selection of active depositories.
7-20-14
Active depositories not limited by maximum amount--Authority to exceed statutory
maximum.
7-20-15, 7-20-16. Repealed.
7-20-1. Banks eligible for deposits--Application for deposit.
The county treasurer shall deposit and at all times keep on deposit the money in state or national banks within the state. A bank may apply for the privilege of keeping the county funds and shall state in the application the amount of money desired. If bond or securities are segregated as provided in § 4-6A-3, the board of county commissioners shall approve the application.
Source: SL 1897, ch 104, § 1; RPolC 1903, § 349; SL 1917, ch 204, § 1; RC 1919, § 6888; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1974, ch 39, § 13; SL 1976, ch 72; SL 2016, ch 44, § 54; SL 2017, ch 54, § 1.
7-20-1.1. Savings and loan associations as official depositories--Requirements--Maximum amount.
Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for county funds; provided such funds are invested only in the accounts of such associations which are insured by the Federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A.
Source: SL 1974, ch 303; SL 1982, ch 45, § 2; SL 2017, ch 54, § 2.
7-20-1.2. Domestic federal credit union as official depository--Requirement.
Any domestic federal credit union chartered by the United States is a qualified public depository for county funds if such funds are invested in accounts which are insured by the National Credit Union Administration.
Source: SL 1987, ch 71, § 1.
7-20-3. Deposit permitted despite interest of county official.
A bank may be selected as a depository for the keeping of county funds notwithstanding a county official may be a stockholder or officer therein, nor shall such action constitute a crime on the part of such county official.
Source: SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29, § 1; SL 1957, ch 18, § 1; SL 1959, ch 24, § 1.
7-20-9. Forms of deposit--Crediting of interest from deposits--Signatures required on checks.
All moneys shall be deposited in such banks in demand accounts, savings accounts, or on time deposit, and any interest accrued from such deposits shall be credited to the respective funds or the general fund. All such demand deposits are subject to payment if demanded by the county treasurer on the county treasurer's check, countersigned by the county auditor.
Source: SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1995, ch 42.
7-20-10. Maximum deposit in one bank.
No bank at any time shall have on deposit county funds of any one county in excess of one hundred percent of the capital and surplus of such bank.
Source: SL 1897, ch 104, § 3; RPolC 1903, § 351; SL 1917, ch 204, § 1; RC 1919, § 6888; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24.
7-20-12. Removal of officer neglecting to comply--Treasurer not liable for loss of money deposited in compliance.
Any county officer neglecting or refusing to comply with the provisions of §§ 7-20-1 to 7-20-11, inclusive, is subject to removal from office. No county treasurer is liable on the county treasurer's official bond for any loss of money deposited in compliance with the provisions of these sections.
Source: SL 1897, ch 104, § 8; RPolC 1903, § 356; SL 1917, ch 204, § 2; RC 1919, §§ 6888, 6889; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 2016, ch 44, § 55.
7-20-13. Selection of active depositories.
In selecting depositories for the deposit of county funds, the board of county commissioners may designate one or more banks within the county as active depositories for the deposit and withdrawal, by the county treasurer, of daily receipts of cash, checks, drafts, and other cash items.
Source: SL 1927, ch 80, § 1; SDC 1939, § 12.0819.
7-20-14. Active depositories not limited by maximum amount--Authority to exceed statutory maximum.
The limit of deposit which may be carried or deposited in any bank by the county treasurer, as provided in § 7-20-10, does not apply to any bank designated as active depositories. However, no county treasurer may deposit in a bank more than the limit provided for by § 7-20-10 unless the county treasurer receives express authority from the board of county commissioners evidenced by a resolution of such board authorizing the deposit of a greater amount.
Source: SL 1927, ch 80, § 1; SDC 1939, § 12.0819; SL 2016, ch 44, § 56.
7-21-1
Definition of terms.
7-21-2
Commissioners to adopt annual budget.
7-21-3
Auditor's annual report of transactions for previous fiscal year.
7-21-4
Filing and examination of auditor's report.
7-21-5
Preparation and filing of provisional budget.
7-21-6
Contents of provisional budget.
7-21-6.1
Line item for contingencies included in annual budget--Amount and source.
7-21-7
Repealed.
7-21-8
Publication of notice of commissioners' budget meeting.
7-21-8.1
Publication of text of provisional budget.
7-21-9
Commissioners' meeting for consideration of budget--Hearing of interested persons.
7-21-10
Amendment and correction of provisional budget by commissioners.
7-21-11
Maximum expenditures authorized in final budget.
7-21-12
Resolution adopting provisional budget--Publication of adopted budget.
7-21-13
Signing, attestation, and filing of final budget.
7-21-14
Trust imposed by adoption of budget.
7-21-15
Submission of budgets and tax levies to secretary of revenue.
7-21-16
Debts and liabilities exceeding maximum tax levy prohibited.
7-21-16.1
Counties authorized to enter lease-purchase agreement to lease real or personal
property--Longer agreements for jails and juvenile detention facilities.
7-21-16.2
County authorized to issue promissory notes.
7-21-16.3
Borrowing limit.
7-21-16.4
Reduction of borrowing limit for outstanding warrants or promissory notes.
7-21-16.5
Interest rate--Signatures.
7-21-16.6
Notes not paid in full within term.
7-21-17
Contracts exceeding maximum tax levy void--Personal liability of consenting
officers--Dissent to be recorded.
7-21-18
Computation of amount to be raised by property tax.
7-21-18.1
Unassigned general fund balance limitation.
7-21-19
Annual tax levy on property--Limitation on levies to be observed.
7-21-20
Appropriations to be within budget--Additions to budget prohibited.
7-21-20.1
State and federal grants expended without budget--Publication.
7-21-21
Supplemental budget for unanticipated disaster.
7-21-22
Supplemental budget to meet statutory obligations and indispensable functions of
government--Notice and hearing.
7-21-23
Procedural requirements for supplemental budgets.
7-21-24
Notice to county agencies of budget amounts.
7-21-25
Debts and liabilities exceeding appropriated amounts prohibited.
7-21-26
Excessive debts, liabilities, and payments void.
7-21-27
Personal liability of officers and employees creating or paying debts exceeding
appropriated amounts.
7-21-28
Liability for damages of officers and employees incurring debts exceeding
appropriated amounts.
7-21-29
Proration of appropriations covering more than one year.
7-21-30
Constructive knowledge of county financial condition and limitations.
7-21-31, 7-21-32. Repealed.
7-21-32.1
Reimbursements from any budget activity added to the activity from which it was
paid.
7-21-32.2
Transfer of appropriation for contingencies.
7-21-33
Uncollected taxes not considered asset in computing debt limitation.
7-21-34
Borrowing from county funds against anticipated tax collections--Restoration of
moneys borrowed.
7-21-35
Annual determination of delinquent real estate taxes.
7-21-36
Annual determination of warrants, claims and liabilities outstanding.
7-21-37
Certificates of indebtedness against delinquent taxes for payment of outstanding
warrants, claims, and liabilities.
7-21-38
Form of certificates of indebtedness against delinquent tax fund.
7-21-39
Sale or exchange of delinquent tax certificates of indebtedness.
7-21-40
Proceeds of certificates of indebtedness--Use to pay outstanding warrants, claims and
liabilities.
7-21-41
Resolution creating delinquent tax fund--Tax collections paid into fund.
7-21-42
Redemption of certificates of indebtedness from delinquent tax fund.
7-21-43
Apportionment of unused balance in delinquent tax fund.
7-21-44
Unused appropriations terminated at end of year--Consideration in next budget.
7-21-44.1
Unused contingency funds terminated at end of year.
7-21-45
Resolution to encumber unexpended appropriations--Contents--Listing kept by
auditor.
7-21-46
Repealed.
7-21-47
Payment of claims against previous year's appropriation--Registration of warrants not
paid.
7-21-48
Transfer of surplus moneys in county funds--Outstanding warrants and obligations
to be provided for.
7-21-49
Transfer of unused balance of special funds.
7-21-50
Repealed.
7-21-51
Accumulation of funds for capital outlay purposes.
7-21-52
Authority to create depreciation reserve for capital acquisitions.
7-21-1. Definition of terms.
Terms used in this title, unless the context otherwise plainly requires, are defined as follows:
(1) "Institutions and agencies," when used in connection with a county, all subdivisions and departments of a county which are under the supervision or control of the board of county commissioners;
(2) "Fiscal year," the twelve months period ending on the thirty-first day of December, each year;
(3) "Current fiscal year," the then existing fiscal year;
(4) "Next fiscal year" or "following fiscal year," the fiscal year following the fiscal year in which the budget is adopted and levies made.
Source: SL 1927, ch 79, § 2; SDC 1939, § 12.2001.
7-21-2. Commissioners to adopt annual budget.
It shall be the duty of the board of county commissioners of each and every county to prepare and adopt an annual budget of all of the contemplated expenditures and revenues of the county and all of its institutions and agencies for each fiscal year, save and except so much of such contemplated expenditures as are for the making or maintenance of special improvements.
Source: SL 1927, ch 79, § 4; SDC 1939, § 12.2002.
7-21-3. Auditor's annual report of transactions for previous fiscal year.
Not later than the first day in June in each year, the county auditor must make and present to the board for its use at the meeting thereof to be held in July for consideration of the annual budget for the following fiscal year a report showing:
(1) The amount of all budget appropriations for each purpose and object and for each item thereof, for each office, board, bureau, department, institution, and agency for the fiscal year immediately preceding, and showing the total amount of such appropriations payable out of each particular fund;
(2) The total amount expended by, through, or for each office, board, bureau, department, institution, and agency, and for each purpose and object and each item thereof, during the whole of the fiscal year immediately preceding, and showing the amount of such expenditures paid out of each particular fund;
(3) An estimate of the amount of all claims and demands on account of liabilities incurred or created during the fiscal year immediately preceding in payment for which no warrants, certificates, or orders have been issued, such estimate showing the amount of such claims and demands payable out of each particular fund;
(4) The balance unpaid on each contract payable out of any budget appropriation for the fiscal year immediately preceding;
(5) The amount of surplus, if any, in the appropriation for each office, board, bureau, department, institution, and agency, and in the appropriation for each purpose and object and such item thereof, for the fiscal year immediately preceding, at the close of such fiscal year, after deducting therefrom the estimated amount of unpaid claims and demands and all balances on contracts payable out of such appropriations;
(6) The balance in money, if any, in each fund at the close of the fiscal year immediately preceding;
(7) The total amount of all revenues received by, paid into, or deposited to the credit of each particular fund of the county and its institutions and agencies during the fiscal year immediately preceding, proper deductions and additions being made for all transfers made from one fund to another during such fiscal year.
Source: SL 1927, ch 79, § 13; SDC 1939, § 12.2011.
7-21-4. Filing and examination of auditor's report.
All reports made by the county auditor under § 7-21-3, after being examined by the board, shall be filed in the office of the county auditor and shall be subject to inspection and examination by all interested persons during all office hours of such county auditor.
Source: SL 1927, ch 79, § 13; SDC 1939, § 12.2011.
7-21-5. Preparation and filing of provisional budget.
From the estimates of revenues and expenditures made as provided for in § 7-21-3, and from such other information as may be required and obtained by the board of county commissioners, the board of each county must, between the fifteenth and thirtieth days of July in each year, make, prepare, and file in the office of the county auditor a provisional budget, for the following fiscal year.
Source: SL 1927, ch 79, § 5; SDC 1939, § 12.2003; SL 1993, ch 86, § 34.
7-21-6. Contents of provisional budget.
The provisional budget required by § 7-21-5 shall contain:
(1) A detailed statement of the amount of revenues likely to be received from each and every source during the following fiscal year, the amount of revenue received from each and every source during the current fiscal year, and the estimated unexpended balance of money remaining in each fund at the close of the current fiscal year, together with an estimate of all debts and liabilities incurred or created during such fiscal year, and payable out of each of such funds, but remaining unpaid at the close of the fiscal year;
(2) The respective amounts proposed to be appropriated for expenditures for county purposes or its officers or departments or agencies thereof, during the following fiscal year.
Source: SL 1927, ch 79, § 5; SDC 1939, § 12.2003.
7-21-6.1. Line item for contingencies included in annual budget--Amount and source.
In preparing the provisional budget as provided by § 7-21-6 the board of county commissioners may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to § 7-21-12 and shall not exceed five percent of the total county budget. The amount to be budgeted for the contingency shall be included in the appropriation for the county commissioners out of general fund revenues.
Source: SL 1974, ch 66, §§ 1, 2.
7-21-8. Publication of notice of commissioners' budget meeting.
After the provisional budget has been filed in the office of the county auditor, the board of county commissioners shall publish a notice once a week for two successive weeks in the official newspapers of the county. The last notice shall be published before the first Tuesday in September, and the notice shall state where and when the board will meet. The board shall meet on the first Tuesday in September for the purpose of considering the budget and the various estimates, items, schedules, amounts, appropriations, and matters contained in the provisional budget. If the board meets prior to the first Tuesday in September for such purpose, the board shall designate certain days in the minutes of the board and the notice. However, the board shall also hold the hearing required on the first Tuesday in September. It shall also be stated in the notice that at any meeting of the board held for the purpose of considering the budget, any interested person may appear, either in person or by representative, and be heard and given an opportunity for a full and complete discussion of all the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters set forth and contained in the provisional budget.
Source: SDC 1939, § 12.2004; SL 1951, ch 29, § 1; SL 1972, ch 43, § 2; SL 2001, ch 39, § 1.
7-21-8.1. Publication of text of provisional budget.
With the first notice published pursuant to § 7-21-8, the text of the provisional budget shall also be published. The text shall include each major revenue source and expenditure classified by function, subfunction and activity as defined by the auditor general.
Source: SL 1927, ch 79, § 6; SDC 1939, § 12.2004; SL 1951, ch 29, § 1; SDCL, § 7-21-8; SL 1972, ch 43, § 3; SL 1984, ch 49, § 1.
7-21-9. Commissioners' meeting for consideration of budget--Hearing of interested persons.
At the time and place designated in the notice required by § 7-21-8, the board shall meet for the purpose of considering the provisional budget. The board may adjourn from day to day for further consideration. The board's minutes shall include the day and hour to which each meeting is adjourned. At such meetings any person interested in the provisional budget may appear, either in person or by representative, and shall be permitted to fully discuss the provisional budget and all of the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters contained in the provisional budget. All consideration and hearings on the provisional budget shall be fully concluded by October first of each year.
Source: SDC 1939, § 12.2005; SL 1994, ch 66, § 1; SL 2001, ch 39, § 2.
7-21-10. Amendment and correction of provisional budget by commissioners.
At any meeting held pursuant to § 7-21-9 and during the consideration of the provisional budget by the board, the board may eliminate, amend, correct, change, or alter any of the purposes, objects, items, schedules, appropriations, amounts, estimates, or matters contained in the provisional budget in such manner as the board may deem necessary and proper. All such amendments, eliminations, corrections, changes, alterations, insertions, and additions shall be made before the final approval and adoption of the budget by the board before October first of each year. All amendments, corrections, changes, alterations, eliminations, insertions, and additions made in or to the provisional budget shall be noted on the provisional budget and shall be entered at length in the minutes of the board.
Source: SDC 1939, § 12.2006; SL 1951, ch 29, § 2; SL 1994, ch 66, § 2.
7-21-11. Maximum expenditures authorized in final budget.
After all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made in and to said provisional budget, and when the same is approved and adopted as the annual budget for the next fiscal year, the aggregate of all amounts appropriated therein and to be paid out of each fund must not exceed ninety-five per centum of the amount of all estimated revenues to be received by such fund from all sources during the next fiscal year with the unexpended balance in money remaining in such fund at the close of the current fiscal year in so far as can be estimated.
Source: SL 1927, ch 79, § 8; SDC 1939, § 12.2006; SL 1951, ch 29, § 2.
7-21-12. Resolution adopting provisional budget--Publication of adopted budget.
The board of county commissioners shall, before October first in each fiscal year, before finally determining or fixing any of the tax levies for the following fiscal year and after all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made to the provisional budget, pass and adopt a resolution approving and adopting the provisional budget as the annual budget of appropriations and expenditures for the county, its institutions and agencies for the following fiscal year. The resolution may not thereafter be subject to reconsideration or revision. No amendments, corrections, changes, alterations, insertions, or additions may thereafter be made to the annual budget. Any changes in the provisional budget incorporated into the adopted annual budget shall be published in the minutes of the meeting at which the provisional budget is adopted as the annual budget.
Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3; SL 1972, ch 43, § 4; SL 1984, ch 49, § 2; SL 1993, ch 86, § 35.
7-21-13. Signing, attestation, and filing of final budget.
The resolution together with the budget as approved and adopted shall be signed by the members of the board, attested by the county auditor and filed in the office of the county auditor, and such budget, after approval and adoption, shall be known as the "annual budget for the fiscal year, beginning January 1st, 20____, and ending December 31st, 20____."
Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3; SL 1984, ch 49, § 4.
7-21-14. Trust imposed by adoption of budget.
The adoption of such annual budget shall impose a trust upon the separate amounts therein set forth and contained and appropriated for the specific uses, purposes, objects, and items therein named.
Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3.
7-21-15. Submission of budgets and tax levies to secretary of revenue.
The county auditor shall submit a copy of the annual budget as adopted, to the secretary of revenue together with a report of the annual levies, before the taxes are extended on the tax lists of the county.
Source: SDC 1939, § 12.2007 as added by SL 1951, ch 29, § 3; SL 1974, ch 66, § 3; SL 1996, ch 56.
7-21-16. Debts and liabilities exceeding maximum tax levy prohibited.
It shall be unlawful for the officers of any county, unless specially and expressly authorized by law, to contract any debt or incur any pecuniary liability, unless both the principal and annual interest thereof, in addition to other necessary disbursements, can be paid by the levy for the current year on the taxable property within the county at not exceeding the maximum rate prescribed by law; or in case such levy for the current year has been made, then by levy for the next subsequent year at not exceeding such maximum rate.
Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 12.1901.
7-21-16.1. Counties authorized to enter lease-purchase agreement to lease real or personal property--Longer agreements for jails and juvenile detention facilities.
The provisions of § 7-21-16 or any other provision of law notwithstanding, any county may enter into a lease-purchase agreement for a term of years, not exceeding ten, for the purchase or lease by the county of real or personal property. However, if a lease-purchase agreement is for the purchase or lease of a jail or juvenile detention facility, the agreement may be for a term of years, not exceeding twenty years.
Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the board of commissioners. The final adoption of any lease-purchase agreement shall be by resolution which may be referred pursuant to chapter 7-18A.
Source: SL 1995, ch 37, § 1; SL 1996, ch 57.
7-21-16.2. County authorized to issue promissory notes.
The provisions of § 7-21-16 or any other provision of law notwithstanding, a county may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 7-21-16.3 to 7-21-16.6, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 7-21-16.3 and do not constitute an indebtedness of the county within the meaning of any constitutional or statutory provisions or limitations. The notes shall specify the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§ 7-21-16.3 to 7-21-16.6, inclusive, and that the notes and the interest on the notes are payable from the sources specified in §§ 7-21-16.3 to 7-21-16.6, inclusive. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B. No election is required, and the notes may not be issued for a term in excess of five years.
Source: SL 2012, ch 53, § 1.
7-21-16.3. Borrowing limit.
The money borrowed pursuant to § 7-21-16.2 may not exceed the sum of ninety-five percent of the amount of uncollected taxes levied by the county for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, that have been earned by the county or committed by the state or federal governments but not collected at the date of borrowing.
Source: SL 2012, ch 53, § 2.
7-21-16.4. Reduction of borrowing limit for outstanding warrants or promissory notes.
If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in § 7-21-16.3 is reduced by the amount of the outstanding warrants or promissory notes.
Source: SL 2012, ch 53, § 3.
7-21-16.5. Interest rate--Signatures.
The rate of interest for a promissory note authorized by § 7-21-16.2 shall be stated on the note. The note shall be signed by the chair of the board of county commissioners and by the county auditor.
Source: SL 2012, ch 53, § 4.
7-21-16.6. Notes not paid in full within term.
If a note authorized by §§ 7-21-16.2 to 7-21-16.5, inclusive, has been issued and not paid in full within the term provided in § 7-21-16.2, no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.
Source: SL 2012, ch 53, § 5.
7-21-17. Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded.
Each contract made in violation of the provisions of § 7-21-16 is null and void in regard to any obligation thereby purported to be imposed on the county. However, any officer who made or authorized the contract is individually liable for its performance.
Each officer present when the unlawful contract is made, or authorized to be made is deemed to have participated in the making or authorization of the contract, unless the officer dissents therefrom and enters, or causes to be entered, such dissent on the records of the county.
Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 12.1901; SL 2016, ch 44, § 57.
7-21-18. Computation of amount to be raised by property tax.
Before October first in each fiscal year and after the annual budget for the following fiscal year has been approved and adopted, the board shall compute and determine:
(1) The total amount of all appropriations contained in the budget for the next fiscal year, and payable out of each particular fund;
(2) The total amount of revenue, except taxes on real property, likely to be received by each particular fund during the next fiscal year from all sources which includes the unobligated fund balance of each particular fund and excludes amounts authorized by law to be held in reserve;
(3) The difference between the total amount determined in subdivision (2) above, and the total amount determined in subdivision (1) above, and to the amount of such difference for each particular fund shall be added an amount equal to five percent of the total amount of all appropriations payable out of such fund during the next fiscal year and the total of such two amounts shall be the amount necessary to be raised for such fund during the next fiscal year by taxes on real property.
Source: SL 1927, ch 79, § 17; SDC 1939, § 12.2015; SL 1981, ch 56, § 1; SL 1992, ch 80, § 2; SL 1993, ch 86, § 36.
7-21-18.1. Unassigned general fund balance limitation.
The total unassigned fund balance of the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year.
Source: SL 1981, ch 56, § 2; SL 2004, ch 70, § 1; SL 2016, ch 46, § 1.
7-21-19. Annual tax levy on property--Limitation on levies to be observed.
The board shall, after determining the amount of each fund pursuant to § 7-21-18, levy a tax for each such fund sufficient to raise the required amount therefor. Nothing contained herein shall be construed to authorize any tax levy in excess of any limitation upon tax levies which are now or which may hereafter be imposed by any of the laws of this state.
Source: SL 1927, ch 79, § 17; SDC 1939, § 12.2015.
7-21-20. Appropriations to be within budget--Additions to budget prohibited.
The board of county commissioners must not at any time or in any manner whatsoever make or provide for any appropriation or appropriations or for any expenditure or expenditures for any purpose, object, or item whatever, other than in and by the annual budget for the fiscal year as hereinbefore provided, and must not after the approval and adoption of such annual budget for any fiscal year make or provide for any increase in or addition to any amount appropriated for any purpose, object, or item in such annual budget, save and except as provided by §§ 7-21-21 and 7-21-22.
Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008.
7-21-20.1. State and federal grants expended without budget--Publication.
Any funds made available after the final budget is adopted by a county from state and federal grants for expenditure by the county shall be paid into the county treasury and may be expended without specific provision in the annual budget of the county. In this case the commissioners shall publish, in the official newspaper of the county, the purpose for which the expenditures were made and to whom the expenditures were made.
Source: SL 1973, ch 42, § 1; SL 1980, ch 56, § 1.
7-21-21. Supplemental budget for unanticipated disaster.
In the event of an epidemic or disease or act of God, disaster, catastrophe, or accident, which results in damage to or destruction of any of the works, roads, buildings, or property of the county or any of its institutions or agencies, and the results of which have not been anticipated in the annual budget adopted for the fiscal year in which the same occur or take place, and which require the incurring of liabilities or expenditures of funds in connection with the suppression of the epidemic or disease, restoration of works, roads, buildings or property, or removing the menace above referred to, and restricted to causes where no other funds have been provided or appropriated therefor, the board may without further notice or hearing adopt a supplemental budget making and providing for an appropriation for the purpose and object, and for an amount deemed necessary, and may then incur liabilities or expend funds for such purpose, but not to exceed in the aggregate the amount specified in such supplemental budget.
Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008 (1).
7-21-22. Supplemental budget to meet statutory obligations and indispensable functions of government--Notice and hearing.
In the event of the passage and enactment of any law during a fiscal year and after the adoption of the annual budget for a following fiscal year, imposing some new obligation or duty upon a county, or in the event of the failure to provide by the final budget a sufficient revenue to enable the county to conduct the indispensable functions of government in any department, or to pay just obligations upon the county for the necessary conduct of the courts, or for the necessary aid and support of the poor or to discharge any duty which it is the lawful duty of the county to discharge, and of which requires the incurring of liabilities or expenditures of funds for a purpose or object for which no provision has been made in the annual budget for such fiscal year, and when such occasion arises the board must make, approve, and adopt a supplemental budget providing therein for an appropriation for such purposes in such amount as the board may deem necessary, and such budget shall set out in detail each item for which an appropriation is made and the amount thereof. Notice of its intention to make and adopt such supplemental budget, as provided in this section, stating the purpose, object and items and the amount to be appropriated for each item, with the time and place when the same will be considered and adopted by the governing board, shall be given in such manner as the board may determine, provided that the time fixed for considering and adopting the same shall not be less than ten days from date when such notice is first given.
Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008 (2); SL 1943, ch 32; SL 1945, ch 33; SL 1947, ch 43.
7-21-23. Procedural requirements for supplemental budgets.
All of the provisions of §§ 7-21-12 to 7-21-15, inclusive, with reference to the adoption of the resolution, signing of the resolution and budget, minute entries, and filing, shall apply to any supplemental budget made and adopted under the provisions of § 7-21-21 or § 7-21-22.
Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008; SL 1943, ch 32; SL 1945, ch 33; SL 1947, ch 43.
7-21-24. Notice to county agencies of budget amounts.
After the approval and adoption of the annual budget as provided in § 7-21-12, and immediately after the approval and adoption of each supplemental budget, as provided in § 7-21-21 or § 7-21-22, the county auditor shall notify in writing before the beginning of the next fiscal year, each officer and board, and each employee in charge of an office, bureau, or department, and each head, person, or board in charge of an institution or agency of the county for which any appropriation is provided in such annual or supplemental budget of the amount of such appropriations and the same shall be itemized so as to show in detail each purpose and object and each item thereof for which any appropriation is provided and the amount thereof.
Source: SL 1927, ch 79, § 11; SDC 1939, § 12.2009.
7-21-25. Debts and liabilities exceeding appropriated amounts prohibited.
Unless specially and expressly authorized by law, it shall be unlawful for the board of county commissioners or any member thereof, or for any officer of any county or any employee thereof in charge of any institution or agency of a county, to contract any indebtedness or incur any liabilities for or in behalf of the county, in any manner whatsoever, either for a purpose, object, or item for which no appropriation is provided in the budget of such county for the fiscal year in which such indebtedness is attempted to be contracted or liability attempted to be created, or in excess of the amount of any specific appropriation for any purpose, object, or item set forth in the budgets of such county, for the fiscal year in which such indebtedness is attempted to be contracted or liability attempted to be created.
Source: SDC 1939, § 12.2020; SL 1995, ch 7, § 2.
7-21-26. Excessive debts, liabilities, and payments void.
All orders, authorizations, allowances, contracts, payments, or agreements or liabilities to pay, made or attempted to be made in violation of this chapter, shall be void and shall never be the foundation of a claim against any county or against any institution or agency thereof, and all warrants, certificates, orders, or other evidences of indebtedness drawn or issued for the purpose of paying any indebtedness or liabilities incurred or created or attempted to be incurred or created in violation of the provisions of this chapter shall be void.
Source: SL 1927, ch 79, § 22; SDC 1939, § 12.2021.
7-21-27. Personal liability of officers and employees creating or paying debts exceeding appropriated amounts.
All officers, boards, and members of boards, employees, and all other persons authorizing, contracting, or incurring, or attempting to authorize, contract, or incur any indebtedness or liability for or in behalf of any county or any institution or agency thereof in violation of the provisions of this chapter, or auditing, allowing, ordering paid, drawing, or issuing warrants in payment of, or paying any claims or demands upon or against a county or any institution or agency thereof, for any liability or indebtedness attempted to be created or incurred in violation of the provisions of this chapter shall be jointly and severally liable in person and on their official bonds to the county or to the institution or agency thereof of which they are officers or employees, to the extent of any payment or payments made on such void claims.
Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
7-21-28. Liability for damages of officers and employees incurring debts exceeding appropriated amounts.
All officers, boards, and members of boards, and employees of a county or any institution or agency thereof, authorizing, contracting, or incurring, or attempting to authorize, contract, or incur any indebtedness or liability for or in behalf of such county or institution thereof of which they are officers or employees, in violation of the provisions of this chapter, shall be jointly and severally liable in person and on their official bonds to the person, persons, corporation, or corporations damaged by such illegal authorization, indebtedness, or liability, to the extent of the loss sustained by such person, persons, corporation, or corporations.
Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
7-21-29. Proration of appropriations covering more than one year.
In all cases where appropriations of money have heretofore or may hereafter be made for periods longer than one year, it shall be unlawful for the person or persons whose duty it is to expend such appropriation to audit, expend, or contract to pay more money in any one year than a pro rata share thereof; that is, the expenditures for one year shall never exceed the proportion which one year of time bears to the whole time unless otherwise expressly provided.
Source: SL 1890, ch 108, § 1; RPolC 1903, § 310; RC 1919, § 6959; SDC 1939, § 12.1902.
7-21-30. Constructive knowledge of county financial condition and limitations.
All officers, boards, and members of boards, and employees of every county and of all of its agencies and institutions and all other persons and corporations, shall be charged with notice of the financial condition of the county, and of all of its institutions and agencies, the limitations imposed by the budget thereof, the appropriations contained therein, the condition of each thereof, and the claims against the same.
Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
7-21-32.1. Reimbursements from any budget activity added to the activity from which it was paid.
Any reimbursements received for unanticipated expenditures charged to any budget activity may be considered a supplemental budget and added to the budget activity from which it was paid. The supplement shall be recorded in the minutes of the proceedings of the board of county commissioners.
Source: SL 1971, ch 51; SL 1974, ch 67; SL 1991, ch 63.
7-21-32.2. Transfer of appropriation for contingencies.
No expenditures shall be charged to the line item authorized for by § 7-21-6.1, but such appropriated amount may be transferred, by resolution of the board, to any other appropriation in which insufficient amounts were provided or for items for which no appropriation was provided. When transfers are made from the contingency budget to other appropriations, whose revenue is provided by other than general fund revenues, a transfer of fund balances may be made from the county general fund to such other fund in the amount of the budget transfer.
Source: SL 1974, ch 66, §§ 1, 2.
7-21-33. Uncollected taxes not considered asset in computing debt limitation.
Whenever it shall be necessary to compute the indebtedness of a county or of any of its institutions or agencies, for bonding or other indebtedness purposes, delinquent taxes and taxes levied for the purposes set forth in the budget of the county shall not be considered an asset, but shall be deemed for such purposes to have been already pledged and expended for the purposes, objects, and items set forth in the budget; provided however, that all taxes levied for the payment and redemption of bonds, warrants, or other public debts, shall be deemed a competent and sufficient asset to be considered in the calculation of any constitutional or statutory limitation.
Source: SL 1927, ch 79, § 20; SDC 1939, § 12.2019.
7-21-34. Borrowing from county funds against anticipated tax collections--Restoration of moneys borrowed.
Whenever moneys shall have been actually provided for any funds of the county by a levy of taxes and such moneys shall not have been actually collected and covered into the county treasury but concerning the receipt of which moneys there can be no question, the board of county commissioners is authorized, by a unanimous vote, to anticipate the receipt of such moneys into such fund by drawing temporarily upon the moneys in any other fund of the county for which there shall not be immediate use.
Any fund temporarily depleted by virtue of the foregoing provision shall be fully restored within nine months after a draft upon the same for the benefit of another fund shall have been made, and the moneys coming into the latter fund shall first be used to restore such depletion. The board shall provide, at the time of making such withdrawal, for reimbursing the fund from which moneys are thus temporarily withdrawn.
Source: SL 1921, ch 337; SDC 1939, § 12.1903; SL 1970, ch 20, § 1 (1); SL 1975, ch 76, § 12.
7-21-35. Annual determination of delinquent real estate taxes.
The board of county commissioners must, at its regular meeting in January of each year, ascertain and determine the total amount of taxes levied by such county on all real estate payable during the fiscal year just ended and which remained delinquent and unpaid at the close of such fiscal year excluding therefrom any and all amounts added thereto for penalties, interest, and costs of publication because of such delinquency, such delinquent taxes being so segregated as to show the amount thereof levied for each particular fund of the county.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-36. Annual determination of warrants, claims and liabilities outstanding.
The board of county commissioners must also, at the same time, ascertain and determine the total amount of all warrants issued against each fund payable out of the appropriations for such fiscal year and which remain outstanding and unpaid at the close of such fiscal year because of insufficient money in the fund on which drawn to pay the same, together with the amount of interest accrued thereon, and also the amount of all claims and liabilities payable out of the appropriations for such preceding year for which no warrants have been issued, and the total amount of such claims and liabilities payable out of each particular fund.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-37. Certificates of indebtedness against delinquent taxes for payment of outstanding warrants, claims, and liabilities.
For the purpose of providing funds for the payment of outstanding warrants and claims and liabilities, the board of county commissioners may, whenever the total amount of delinquent taxes for the preceding year on real estate payable into any fund shall be more than five percent of the total amount of taxes levied on real estate during the preceding year, without being required to submit the question of so doing to any election, by a resolution provide for the borrowing of money for the fund in an amount equal to the excess of delinquent taxes over five percent and shall issue certificates of indebtedness therefor, which shall be in denomination of one hundred dollars or multiples thereof, shall bear interest at a rate to be negotiated by the parties from the date thereof until paid and redeemed and shall be registered in the office of the county treasurer.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014; SL 1983, ch 28, § 9.
7-21-38. Form of certificates of indebtedness against delinquent tax fund.
The certificates of indebtedness issued pursuant to § 7-21-37 shall be in substantially the same form as warrants drawn against the general fund of the county, except that they shall be known as certificates of indebtedness and each shall recite in the body thereof that it is drawn against and the principal and interest thereof is payable out of a special fund to be known as the "Delinquent tax fund for the fiscal year ending December 31st, 20____," and will be called in and paid and redeemed whenever there is sufficient money in such fund applicable for such purposes.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-39. Sale or exchange of delinquent tax certificates of indebtedness.
Certificates of indebtedness issued pursuant to § 7-21-37 may be sold by the board at either public or private sale, but shall not be sold at less than their par value, or may be exchanged for such outstanding warrants, dollar for dollar with accrued interest thereon, but no brokerage, legal, or other fees, or commissions of any kind shall be paid to any person or corporation for negotiating or assisting in the preparation, sale, or exchange thereof.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-40. Proceeds of certificates of indebtedness--Use to pay outstanding warrants, claims and liabilities.
The moneys so borrowed for each of such funds shall be deposited to the credit thereof and shall be used for the purpose of paying and redeeming the outstanding warrants drawn against such funds, and the claims and liabilities created, during such fiscal year, together with the interest thereon, and it shall be the duty of the treasurer immediately upon receiving the money so borrowed to deposit the same to the credit of the proper funds and to call in for payment such warrants, claims, and liabilities or so much thereof as such money will pay.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-41. Resolution creating delinquent tax fund--Tax collections paid into fund.
Such resolution must create a fund to be known as the "Delinquent tax fund for the fiscal year ending December 31st, 20____," and shall provide that all delinquent taxes levied during such fiscal year for the funds for which such money has been borrowed, together with all penalties, interest, and costs added thereto, shall be, as fast as the same are collected, paid into and deposited to the credit of such fund, and shall be used for the payment of principal of and interest on such certificates of indebtedness and for no other purpose.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-42. Redemption of certificates of indebtedness from delinquent tax fund.
The treasurer shall, whenever there shall be any money in any delinquent tax fund sufficient to pay one or more of the certificates of indebtedness issued against such fund with accrued interest, call the same in for payment and redemption in the same manner that warrants against the general fund of the county are called in for payment and redemption, and interest on such certificates shall cease on the date specified in the notice calling such certificates in for payment.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-43. Apportionment of unused balance in delinquent tax fund.
If, after all certificates of indebtedness drawn against any delinquent tax fund shall have been fully paid, there remains any balance in such fund, such balance shall be apportioned to the several funds for which money was borrowed in proportion to the total amount of taxes levied for each fund in such fiscal year, and such fund shall thereupon be terminated and all delinquent taxes for such year thereafter paid shall be apportioned to the funds for which the same were originally levied.
Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
7-21-44. Unused appropriations terminated at end of year--Consideration in next budget.
All appropriations for the expenditure of public moneys contained in the annual and supplemental budgets for such fiscal year, shall cease to be in effect at the expiration of the fiscal year for which the same were made, except as provided in § 7-21-45, and any unused balance appropriated shall be used and considered as revenue in making levy to cover expenditures in the next budget.
Source: SL 1927, ch 79, § 14; SDC 1939, § 12.2012; SL 1975, ch 76, § 7.
7-21-44.1. Unused contingency funds terminated at end of year.
Any unused balance in the contingency budget shall revert at the close of the year and shall not be accumulated.
Source: SL 1974, ch 66, § 2.
7-21-45. Resolution to encumber unexpended appropriations--Contents--Listing kept by auditor.
The board of county commissioners may by resolution at its first meeting in January or within ten days thereafter encumber that portion of unexpended appropriations from the prior year for which legal obligations were incurred but were not paid. The resolution shall state the appropriation account and amount encumbered. The county auditor shall keep a detailed listing by payee and amount supporting such amount shown in the resolution.
Source: SL 1927, ch 79, § 15; SDC 1939, § 12.2013; SL 1975, ch 76, § 8; SL 1976, ch 74, § 2.
7-21-47. Payment of claims against previous year's appropriation--Registration of warrants not paid.
Warrants issued for claims allowed against budget appropriations for the previous fiscal year which have been filed before the board's first meeting in January, shall be paid out of the fund on which drawn on the presentation to the treasurer of the county, and in case of insufficient funds on hand to pay such warrants, due to delinquent taxes or other failure of revenue, then such warrants, upon presentation to the treasurer, shall be registered and the amount necessary to pay such warrants, if not paid at the time of the adoption of the annual budget, shall be included in the next annual budget.
Source: SL 1927, ch 79, § 15; SDC 1939, § 12.2013; SL 1975, ch 76, § 9.
7-21-48. Transfer of surplus moneys in county funds--Outstanding warrants and obligations to be provided for.
The board of county commissioners may transfer the surplus moneys that may be on hand in any of the several funds to such fund or funds as they may deem for the best interest of the county or may appropriate such surplus moneys to the payment of any outstanding indebtedness of the county. No moneys in any fund shall be transferred therefrom unless there be left in such fund sufficient money to pay all outstanding warrants drawn against such fund, together with any other indebtedness or contemplated expenditures from said fund for the current fiscal year. No money shall be transferred from any sinking or interest fund unless sufficient money be left therein to pay all interest which may accrue on and the principal of all outstanding bonds.
Source: SL 1927, ch 79, § 18; SL 1929, ch 99; SDC 1939, § 12.2016.
7-21-49. Transfer of unused balance of special funds.
Whenever there remains in the treasury of any county an unexpended balance of any special fund, and all claims against such fund have been fully paid, and the purpose for which it was created has been fully subserved, and there remains no further use for such balance for the purpose for which it was created, it shall be lawful for the board of county commissioners to transfer such balance to any other fund of the county or subdivision to which such balance belongs.
Source: SL 1887, ch 144, § 1; CL 1887, § 602; RPolC 1903, § 842; RC 1919, § 5880; SDC 1939, § 12.1904.
7-21-51. Accumulation of funds for capital outlay purposes.
A board of county commissioners may, by resolution, authorize the accumulation of funds for a period longer than one year for a capital outlay purpose which is otherwise authorized by law. For the purpose of this section, the term, capital outlay purpose, includes any purpose which is extraordinary in nature, exceeds the funding ability of a single-budget year, and may result in the purchase of services, materials, supplies, or equipment. The resolution is enacted if approved by a vote of sixty percent or more of the governing body and shall clearly set forth the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended within eighty-four months from the date of the resolution. If the specific purpose for which the funds are accumulated is no longer necessary, the funds shall revert to the fund from which the funds were originally appropriated. The amount of accumulation for a specific purpose may not exceed five million dollars. The accumulation of funds pursuant to this chapter is in addition to any accumulation of funds authorized by § 7-21-18.1.
Source: SL 1985, ch 54; SL 1988, ch 73; SL 2008, ch 36, § 1.
7-21-52. Authority to create depreciation reserve for capital acquisitions.
The governing body of any county may, by resolution, create a depreciation reserve within any proprietary fund which may only be used for capital acquisitions, not to exceed the accumulated depreciation of the fixed assets of the respective fund. If the specific purpose for which the funds are accumulated is no longer necessary, the funds shall revert to the general fund. These funds are in addition to those authorized by § 7-21-18.1
Source: SL 1997, ch 47, § 1.
7-22-1
Verified statement or invoice required before claim allowed against county--Contents--Jurors' and witnesses' claims exempt.
7-22-2
Warrant required for payment of claim against county.
7-22-3
Warrant required for disbursement of county funds--Contents.
7-22-4
Numbering of warrants--Record maintained by auditor.
7-22-5
Repealed.
7-22-6
Warrants paid in order of presentation.
7-22-7
Endorsement of warrant for payment by county depository.
7-22-8
Warrant register maintained by treasurer--Form and information shown.
7-22-9
Registration of warrants not paid for want of funds.
7-22-10
Interest payable on warrants not paid at time of presentation.
7-22-11
Annual payment of interest on outstanding warrants--Tax levy for interest payments.
7-22-12
Call of outstanding warrants for annual payment of interest.
7-22-13
Failure of warrant holder to present warrant for annual interest-Failure to provide
treasurer certain information.
7-22-14
Endorsement and receipt for annual interest paid--Priority preserved despite
nonpayment of annual interest.
7-22-15
Warrants to be paid in order of registration_Notices to be sent by treasurer--Termination of interest.
7-22-16
Purchase of warrants by treasurer prohibited--Forfeiture of amount due.
7-22-17
Cancellation of check or warrant not presented within two years of issuance--Notation in register.
7-22-18
Payment of old checks or warrants at direction of commissioners.
7-22-1. Verified statement or invoice required before claim allowed against county--Contents--Jurors' and witnesses' claims exempt.
Before any account, claim, or demand against any county for any obligation, property, or services for which the county is liable may be allowed, the person who has the account, claim, or demand shall:
(1) Submit in writing and verify that the account is just and true, the money charged was actually paid for the purposes stated; the property charged for was actually delivered or used for the purposes stated, and was of the value charged; and the services charged were actually rendered and of the value as charged. If the services were official, for which fees are prescribed by law, that the fees and amounts charged for the services are allowed by law and no part of the account, claim, or demand has been paid; or
(2) Present an invoice or verification which shall be attached to a county voucher, the latter being signed or verified by the county official who purchased the property or had the services rendered to the effect that the account is just and true; the money charged was actually paid for the purposes stated; the property charged for was actually delivered or used for the purposes stated, and was of the value charged; and the services charged for were actually rendered and of the value as charged. If the services were official, for which fees are prescribed by law, that the fees and amounts charged for the services are allowed by law and no part of the account, claim, or demand has been paid.
The provisions of this section do not apply to any claim or demand for the per diem of jurors or witnesses fixed by law.
Source: SL 1883, ch 112, § 87; CL 1887, § 800; SL 1893, ch 56, § 1; RPolC 1903, § 861; SL 1911, ch 109; SL 1913, ch 151; RC 1919, § 5897; SDC 1939, § 12.1803; SL 1985, ch 55; SL 2016, ch 44, § 58.
7-22-2. Warrant required for payment of claim against county.
No claim against the county shall be paid otherwise than upon the allowance of the county commissioners upon the warrant of the county auditor, except one authorized to be allowed by some other person or tribunal, in which case the claim shall be paid upon the warrant of the county auditor upon the proper certificate of the person or tribunal allowing the same.
Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906; SL 1975, ch 76, § 10.
7-22-3. Warrant required for disbursement of county funds--Contents.
No public money shall be disbursed by the county commissioners or any of them, but the same shall be disbursed by the county treasurer upon the warrant of the county auditor specifying the name of the party entitled to the same, on what account, and upon whose allowance, if not fixed by law.
Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906; SL 1975, ch 76, § 11.
7-22-4. Numbering of warrants--Record maintained by auditor.
All such warrants shall be progressively numbered, and the numbers, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn, shall at the time of issuing the same be entered in a book kept by the auditor for that purpose.
Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906.
7-22-6. Warrants paid in order of presentation.
All warrants upon the treasurer of any county shall be paid out of the fund on which they are drawn in the order of their presentation.
Source: SL 1874-5, ch 74, § 1; PolC 1877, ch 50, § 1; CL 1887, § 1671; RPolC 1903, § 2251; SL 1913, ch 359; RC 1919, § 6973; SDC 1939, § 12.0812.
7-22-7. Endorsement of warrant for payment by county depository.
Every warrant for the payment of money issued by any county, which is not registered because of lack of funds with which to pay such warrant, shall be countersigned by the county treasurer, who shall also endorse on such warrant an order to the depository, by which such warrant is to be paid, to pay such warrant to the order of the payee and charge the same to the account of such treasurer. Such warrant so countersigned and endorsed shall have the same force and effect as a check drawn by said treasurer upon such depository. No such warrant shall be paid by the depository unless so countersigned and endorsed by such treasurer, and no warrant shall be countersigned by the treasurer so long as there are any registered warrants outstanding.
Source: SL 1953, ch 500; SDC Supp 1960, § 45.1438.
7-22-8. Warrant register maintained by treasurer--Form and information shown.
The treasurer of each organized county shall keep a warrant register which register shall show in a column arranged for that purpose the number, date, and amount of each warrant presented, the particular fund upon which the warrant is drawn, the date of presentation, the name and address of the person in whose name the warrant is registered, the date of payment when made, the amount of interest, and the total amount paid, with the date when notice to the person in whose name the warrant is registered is mailed.
Source: SL 1874-5, ch 74, § 2; PolC 1877, ch 50, § 2; CL 1887, § 1672; RPolC 1903, § 2252; SL 1913, ch 359; RC 1919, § 6974; SDC 1939, § 12.0811; SL 2016, ch 44, § 59.
7-22-9. Registration of warrants not paid for want of funds.
If any warrant is presented to the treasurer for payment and no funds in the treasury have been appropriated for that purpose, the treasurer shall enter the warrant in the warrant register for payment in the order of presentation. The treasurer shall endorse on the warrant the registry number, date of registration, and the words "Not paid for want of funds," and sign the endorsement.
Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 12.0813; SL 2016, ch 44, § 60.
7-22-10. Interest payable on warrants not paid at time of presentation.
All county warrants shall draw interest at a rate of interest to be determined by the county commissioners of the county until paid from the date upon which they are presented to the county treasurer and endorsed "Not paid for want of funds."
Source: SL 1874-5, ch 27, § 40; PolC 1877, ch 21, § 53; SL 1881, ch 139, § 1; CL 1887, § 618; RPolC 1903, § 858; RC 1919, § 5894; SL 1927, ch 82; SDC 1939, § 12.1906; SL 1951, ch 27; SL 1983, ch 28, § 10.
7-22-11. Annual payment of interest on outstanding warrants--Tax levy for interest payments.
The board of county commissioners may determine by resolution that interest shall be paid annually on all outstanding registered warrants of such county. When it has been so determined, said board shall, at the time and in the manner provided for the levy of taxes, make a separate and special levy of a tax sufficient to pay one year's interest on each county warrant which according to the computation of the said board will be outstanding and unpaid on the anniversary of the date thereof during the next calendar year. Such levy may be made in addition to the maximum levy otherwise allowed by law and shall be certified by the county auditor, placed on the tax roll, and collected by the county treasurer as other taxes, which funds derived from such levy shall be kept separate and apart from other tax collections and shall be used only for the purpose of paying interest on warrants as herein provided.
Source: SL 1933, ch 160, §§ 1, 2; SDC 1939, § 12.0814.
7-22-12. Call of outstanding warrants for annual payment of interest.
As soon as there is sufficient money in the special warrant interest fund to pay one year's interest on one or more outstanding warrants, the county treasurer shall notify the holder of the oldest registered warrant or warrants to present the same for payment of interest, and such treasurer shall continue to call all outstanding warrants for payment of interest in the order of registration as rapidly as funds are available therefor. No warrant shall be called for payment of interest until the same shall have been registered for at least one year.
Source: SL 1933, ch 160, § 2; SDC 1939, § 12.0814.
7-22-13. Failure of warrant holder to present warrant for annual interest--Failure to provide treasurer certain information.
Any warrant holder who fails to present a warrant to the treasurer within thirty days after the treasurer has mailed written notice to the holder, addressed to the holder's last known address, loses the right to payment pursuant to § 7-22-12. No holder of a registered warrant is entitled to payment in the order provided in § 7-22-12 unless the holder has filed with the treasurer a description of the warrant or warrants held by the holder, and the holder's name and post office address.
Source: SL 1933, ch 160, § 2; SDC 1939, § 12.0814; SL 2016, ch 44, § 61.
7-22-14. Endorsement and receipt for annual interest paid--Priority preserved despite nonpayment of annual interest.
All interest payments shall be endorsed by the treasurer on the back of the warrant and the warrant holder shall execute and deliver duplicate receipts for such payment to the treasurer who shall retain one and deliver the other forthwith to the county auditor. All registered warrants, together with interest earned but not paid under the provisions of §§ 7-22-11 to 7-22-14, inclusive, shall continue to be paid in the order of their registration as provided by law.
Source: SL 1933, ch 160, §§ 2, 3; SDC 1939, § 12.0814.
7-22-15. Warrants to be paid in order of registration--Notices to be sent by treasurer--Termination of interest.
All registered warrants shall be paid in the order of registration and the treasurer, as soon as money sufficient for the payment of the warrants is received to the credit of the particular fund upon which the warrants are drawn, shall immediately notify by mail the persons in whose names the warrants are drawn. If the treasurer receives written notice from some other person that such person is the holder of the warrant, then the treasurer shall notify the other person and interest upon the warrants shall cease. The treasurer shall pay and cancel the warrants upon presentation of the written notice.
Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 12.0813; SL 2016, ch 44, § 62.
7-22-16. Purchase of warrants by treasurer prohibited--Forfeiture of amount due.
No county treasurer may either directly or indirectly contract for or purchase any warrant issued by the county for which the treasurer receives any discount whatever upon the sum due on the warrant. If the treasurer contracts for or purchases any warrant, the treasurer is not allowed in settlement the amount of the warrant or any part of the warrant. The treasurer shall forfeit the whole amount due on the warrant to be recovered by civil action at the suit of the state for the use of the county.
Source: SL 1868-9, ch 25, § 103; PolC 1877, ch 28, § 99; CL 1887, § 1660; RPolC 1903, § 2237; RC 1919, § 6952; SDC 1939, § 12.0815; SL 2016, ch 44, § 63.
7-22-17. Cancellation of check or warrant not presented within two years of issuance--Notation in register.
The board of county commissioners may, by resolution, cancel any check or warrant that has not been presented for payment at any time within two years of the date on which the check or warrant was issued. Upon such resolution the county auditor shall note the cancellation in the check or warrant register.
Source: SL 1887, ch 37, §§ 1, 2; CL 1887, §§ 589, 590; RPolC 1903, §§ 827, 828; RC 1919, §§ 5874, 5875; SDC 1939, § 12.1905; SDCL, § 7-22-5; SL 1968, ch 19; SL 1976, ch 75, § 1.
7-22-18. Payment of old checks or warrants at direction of commissioners.
Notwithstanding any provision for cancellation of checks or warrants, the board of county commissioners shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof within a period of six years from date of issue thereof and may direct payment of checks or warrants more than six years from date of issue thereof.
Source: SL 1976, ch 75, § 2.
7-23-1 to 7-23-4. Repealed.
7-23-5
Annual examination and accounting for tax sales and receipts.
7-23-6
Settlement by county officers for funds received--Payment into treasury.
7-23-7
Adjustment of accounts of delinquent officers--Forfeiture for delinquency.
7-23-5. Annual examination and accounting for tax sales and receipts.
It shall be the duty of the board of county commissioners, at each annual meeting of such board to examine the county treasurer's "tax-sale book" and "stub receipts," and ascertain the amount of redemption money in the treasury and compel such treasurer to account for the same.
Source: SL 1879, ch 49, § 10; CL 1887, § 616; RPolC 1903, § 856; RC 1919, § 5892; SDC 1939, § 12.1907.
7-23-6. Settlement by county officers for funds received--Payment into treasury.
All treasurers, sheriffs, clerks, constables, and other officers chargeable with money belonging to any county shall render their accounts to and settle with the board of county commissioners at the time required by law and pay into the county treasury any balance which may be due the county, take duplicate receipts therefor, and deposit one of the same with the county auditor within five days thereafter.
Source: SL 1868-9, ch 4, § 36; SL 1874-5, ch 27, § 35; PolC 1877, ch 21, § 51; CL 1887, § 615; RPolC 1903, § 855; RC 1919, § 5891; SDC 1939, § 12.1907.
7-23-7. Adjustment of accounts of delinquent officers--Forfeiture for delinquency.
If any person thus chargeable shall neglect or refuse to render true accounts or settle, such board shall adjust the accounts of such delinquent according to the best information it can obtain, and ascertain the balance due the county, and order suit to be brought in the name of the county therefor; and such delinquent shall not be entitled to any commission and shall forfeit and pay to the county a penalty of twenty percent on the amount of funds due the county.
Source: SL 1868-9, ch 4, § 37; SL 1874-5, ch 27, §§ 36, 37; PolC 1877, ch 21, § 52; CL 1887, § 617; RPolC 1903, § 857; RC 1919, § 5893; SDC 1939, § 12.1907.
7-24-1
Purposes for which county building bonds authorized.
7-24-2
Election on bonds--Issuance.
7-24-3 to 7-24-8. Repealed.
7-24-9
Bond issue for satisfaction of judgment against county.
7-24-10 to 7-24-17. Repealed.
7-24-18
Tax levy to pay county bonds--Proceeds placed in debt service fund.
7-24-19
Deposit and investment of debt service fund moneys--Resolution of county
commissioners.
7-24-20 to 7-24-31. Repealed.
7-24-1. Purposes for which county building bonds authorized.
Whenever any county having five hundred voters or more shall have been organized for four years or more and the county seat of such county has been permanently located as provided by law and the building or buildings occupied by such county for courthouse, office, or jail purposes are inadequate to the wants thereof or unsafe by reason of risk by fire or otherwise or whenever it is deemed necessary and for the best interests of said county to erect a suitable building or buildings for the care of the poor, such county may issue its bonds for the purpose of purchasing a site for a courthouse, office, or a jail building or for purchasing a site or grounds for a building or buildings suitable for the care of the county poor or for the erection of a courthouse, office, or jail, building or buildings suitable for the care of the poor under the restrictions and according to the provisions of this chapter.
Source: SL 1897, ch 49, § 1; RPolC 1903, § 970; RC 1919, § 6983; SL 1927, ch 78; SDC 1939, § 12.2105; SL 1957, ch 27, § 1.
7-24-2. Election on bonds--Issuance.
Bonds shall be authorized, issued and sold as provided in chapter 6-8B if a majority of all registered voters voting at the bond election authorize the bond issue.
Source: SL 1927, ch 65, § 1; SL 1931, ch 91, § 1; SL 1935, ch 64, § 1; SDC 1939, § 12.2105; SL 1957, ch 27, § 1; SL 1984, ch 43, § 63.
7-24-9. Bond issue for satisfaction of judgment against county.
If a judgment has been recovered against a county upon any claim, and the judgment has become final by expiration of the time for appeal or decision upon appeal, the governing body of the county, by a resolution declaring it to be for the best interests of the county, passed and entered upon its records, published in its proceedings may without submitting the matter to a vote of the voters issue bonds of the county for the purpose of compromising the judgment. The bonds shall be delivered only to the judgment creditor or his successor in ownership of the judgment, upon a complete release and satisfaction of the judgment. The bonds may not exceed the amount due upon the judgment at date of the bonds. All bonds shall be issued and sold as provided in chapter 6-8B.
Source: SL 1903, ch 81; RC 1919, § 6997; SL 1929, ch 78; SDC 1939, § 12.2103; SL 1975, ch 47, § 2; SL 1983, ch 28, § 11; SL 1984, ch 43, § 64; SL 1984, ch 319, § 5.
7-24-18. Tax levy to pay county bonds--Proceeds placed in debt service fund.
When a county issues bonds, at or before the time of doing so, the governing body thereof shall levy a continuing annual tax sufficient to pay the interest and the principal thereof when due. All taxes so levied, when collected, shall be placed in a debt service fund. No part of the fund may be used for any other purpose than to pay the interest and principal of the bonds for which they were levied and collected. The levy authorized by this section is in addition to the levy authorized in § 10-12-21.
Source: SD Const, art 13, § 5; RC 1919, § 6998; SDC 1939, § 12.2110; SL 1985, ch 77.
7-24-19. Deposit and investment of debt service fund moneys--Resolution of county commissioners.
Every county maintaining a debt service fund for the payment of outstanding bonds shall keep the accumulations in said debt service fund deposited with the lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the State of South Dakota, including those of the county issuing such bonds, or bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks, or obligations of the United States, or bonds or securities of any kind issued by the State of South Dakota, and the interest accruing on such investment shall be credited to such debt service fund. Moneys in any debt service fund shall be invested only in such of the above-named securities as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota. Where such debt service fund is invested in other bonds of such county, there shall be a levy of a tax upon the taxable property of such county of sufficient amount to pay the interest and also the principal thereof when due and such tax, when collected, shall be returned to the debt service fund for that purpose.
In carrying out the provisions of this section, all transactions shall be by resolution of the board of county commissioners which resolution shall be regularly filed and recorded with the county auditor as a public record.
Source: SL 1915, ch 277; RC 1919, § 6999; SL 1933, ch 164; SDC 1939, § 12.2111; SL 1979, ch 37, § 2.
7-25-1
Annual tax levy for construction or improvement of certain buildings--Fund
accumulated--Cooperation with other subdivisions--Proceeds pledged to payments
without limitation.
7-25-2
Investment of building fund--Income paid into fund.
7-25-3
County commissioners authorized to construct and improve buildings--Maximum
expenditure authorized without voters' approval.
7-25-4
Building bonds approved by voters--Other funds applicable without additional
approval.
7-25-5
Commissioners' duty to use accumulated building fund.
7-25-6
Acquisition of ground for authorized county buildings--Board to supervise
construction of all buildings.
7-25-7
Advertising and award procedure for building construction contracts.
7-25-8
Building plans and specifications to be on file--Petty offense to permit removal.
7-25-9
Security posted by bidders on construction contract--Return of security to
unsuccessful bidders.
7-25-9.1
Waiver of security requirements on bids less than two thousand dollars.
7-25-10
Lowest responsible bid accepted--Progress payments permitted in contract--Interest
on payments withheld.
7-25-11
Execution of construction contracts.
7-25-12
Performance bond required of construction contractor.
7-25-13
Payment required if building occupied before acceptance.
7-25-14
Appointment of superintendent to oversee construction--Progress payments based on
superintendent's reports.
7-25-15
Repealed.
7-25-16
Insurance on buildings--Application of proceeds--Filing policies.
7-25-17
Rental space provided county officers where courthouse or jail insufficient.
7-25-18
Repealed.
7-25-19
Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.
7-25-20
Sale and lease-back powers additional--Restrictions on exercise.
7-25-1. Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation.
The board of county commissioners may levy a tax not to exceed ninety cents per thousand dollars of taxable valuation to be used or paid into a fund for the purpose of acquiring a site, constructing, renovating, improving, remodeling, altering, adding to, repairing, erecting, or maintaining a courthouse, office, jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, highway maintenance buildings, or public library. The county may cooperate in a joint undertaking for any of the foregoing purposes with any other county, municipality or school district. The levy authorized by this section is in addition to the levy authorized in § 10-12-21. The proceeds of the levy authorized by this section may be pledged by the county to payments under an agreement entered into pursuant to § 7-25-19 without regard to the limitations of § 7-25-3.
Source: SL 1911, ch 123, § 1; SL 1915, ch 126; RC 1919, § 6953; SL 1931, ch 115, § 1; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1970, ch 50; SL 1985, ch 15, § 24; SL 1985, ch 77, § 8; SL 1987, ch 185, § 2; SL 1989, ch 87, § 15C.
7-25-2. Investment of building fund--Income paid into fund.
The board of county commissioners shall have the power to loan or invest any balance of any such fund as referred to in § 7-25-1 upon first mortgages upon real property worth at least double the value of the sum loaned, or upon bonds of the State of South Dakota, or upon bonds or warrants of the county, or upon bonds of any municipality or school district within the county, at such legal rate of interest as may be agreed, and may also loan or invest such funds in United States government bonds, and the income from such loans shall be paid into such fund.
Source: SL 1911, ch 123, § 2; RC 1919, § 6954; SL 1931, ch 115, § 2; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1992, ch 60, § 2.
7-25-3. County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval.
The board of county commissioners shall have authority to provide for the erection, renovation, improvement, remodeling, alteration, addition to, and repairing of courthouses, jails, memorial buildings, which may contain an auditorium, and other necessary buildings within and for the county and to make contracts on behalf of the county for such purposes; but no expenditure for these purposes, greater than can be paid for out of the annual revenue of the county for the current year, including for courthouse, office, and jail buildings the revenue from the special levy provided by § 7-25-1, together with the amount of any debt service fund theretofore provided for such purpose, shall be made unless the question of such expenditure shall have first been submitted to a vote of the qualified voters of such county and shall have been approved by a majority of the votes so cast; and the board shall determine the amount and rate of taxes to be submitted to a vote for such purpose.
Source: SL 1868-9, ch 4, § 27; SL 1874-5, ch 27, § 27; PolC 1877, ch 21, § 43; CL 1887, § 607; RPolC 1903, § 847; SL 1913, ch 153; RC 1919, § 5883; SL 1920 (SS), ch 42; SDC 1939, § 12.2302; SL 1959, ch 31, § 1.
7-25-4. Building bonds approved by voters--Other funds applicable without additional approval.
Whenever the question of bonding the county for the purpose of bonding the county for the purpose of building or renovating, improving, remodeling, altering, adding to, or repairing a courthouse, jail, memorial building, or other county buildings shall have been submitted to a vote of the voters and such bond issue shall have been carried by a vote of the voters, then in addition to the proceeds raised from the sale of such bonds the board may, whenever there remains in the treasury of such county an unexpended balance of any special fund and all claims against such fund have been fully paid, or when there remains an unexpended balance of the general fund and all claims against such fund have been fully paid, in its discretion, apply the whole or any part of such accumulated funds to the purposes specified in this section and it shall not be necessary to submit the question of such expenditure to the voters of the county.
Source: SL 1868-9, ch 4, § 27; SL 1874-5, ch 27, § 27; PolC 1877, ch 21, § 43; CL 1887, § 607; RPolC 1903, § 847; SL 1913, ch 153; RC 1919, § 5883; SL 1920 (SS), ch 42; SDC 1939, § 12.2302; SL 1959, ch 31, § 1.
7-25-5. Commissioners' duty to use accumulated building fund.
After a fund for the construction of a courthouse, office, or jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, and highway maintenance buildings has accumulated from any source, it shall be the duty of the board of county commissioners within one year from the time such fund becomes available to proceed to the erection of such building or buildings, if such fund shall in the judgment of the board be sufficient for that purpose.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 44; CL 1887, § 608; RPolC 1903, § 848; SL 1911, ch 123, § 3; RC 1919, §§ 5884, 6955; SL 1931, ch 115, § 3; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21.
7-25-6. Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings.
The board of county commissioners when authorized to erect any county building or joint county and municipal building shall have power to acquire ground for a site by purchase or condemnation.
The board shall also have the entire supervision of the construction of all county buildings and monuments.
Source: SL 1897, ch 49, § 4; RPolC 1903, § 973; RC 1919, § 6985; SDC 1939, § 12.2307.
7-25-7. Advertising and award procedure for building construction contracts.
If any county building is to be constructed, the board shall proceed as required by chapter 5-18B. The time specified for opening of bids shall be at one of the regular or duly adjourned sessions of the board.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1972, ch 34, § 2; SL 2011, ch 2, § 113.
7-25-8. Building plans and specifications to be on file--Petty offense to permit removal.
One copy of the plans and specifications for any building to be erected shall be on file in the office of the county auditor at all times from the beginning of the publication of the advertisement for bids until the completion of the building. Any county auditor who allows or permits the original of any building plans or specifications filed in the office to be removed from the office commits a petty offense.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, §§ 12.2308, 12.9904; SL 1955, ch 22; SL 1963, ch 51; SL 1981, ch 43, § 8; SL 2016, ch 44, § 64.
7-25-9. Security posted by bidders on construction contract--Return of security to unsuccessful bidders.
Each bid shall contain a certified check, cashier's check, or bank money order, in the sum equal to five percent of the amount of the bid. The check or money order shall be certified or issued by either a state or national bank domiciled within this state made payable to the county or the county treasurer. In lieu of a check or money order, a bid bond for ten percent of the bid may be submitted. The bond shall be issued by a surety authorized to do business in this state and payable to the county or the county treasurer as a guaranty that the bidder will enter into contract, if the contract is awarded to the bidder, and furnish a bond as provided by this chapter. If the successful bidder forfeits a check, money order, or bid bond, the proceeds of the check, money order, or bid bond shall be turned into the county general fund. The check, money order, or bid bond of each unsuccessful bidder shall be, by the board, immediately returned to the bidder. No more time may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder, or the rejection of all bids presented than is permitted in subdivision 5-18A-5(7).
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1969, ch 24; SL 1979, ch 46, § 1; SL 1987, ch 72; SL 2011, ch 2, § 114.
7-25-9.1. Waiver of security requirements on bids less than two thousand dollars.
Notwithstanding the provisions of § 7-25-9, the requirement of a bid bond, certified check, money order, cash, or other security may be waived when the bid submitted does not exceed two thousand dollars.
Source: SL 1968, ch 276; SL 1979, ch 46, § 2.
7-25-10. Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld.
The lowest responsible bid in all cases shall be accepted and the contract for the building or buildings may permit progress payments, but if so shall provide for retention of not less than the following percentages: twelve percent of the amount of the contract up to fifty thousand dollars; five percent of the next two hundred thousand dollars of the amount of the contract and two and one-half percent of the amount of the contract in excess of two hundred fifty thousand dollars until the contract is fully executed and the building or buildings completed to the satisfaction and acceptance of the board of county commissioners. However, if the contractor has furnished the board all required records and reports and a final inspection has been made, the board shall pay to the contractor interest at the Category A rate of interest as established in § 54-3-16 on the amounts retained and on the final payment due the contractor beginning sixty days after the work under the contract has been completed, as evidenced either by the completion date established in the superintendent's or architect's letter of acceptance or by the use and occupancy of the building, and running until the date when payment is tendered to the contractor unless delay in payment has been the result of federal participation in such contract, in which event interest may not begin until sixty days after payment by the federal authority involved.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1983, ch 28, § 14; SL 1984, ch 319, § 6.
7-25-11. Execution of construction contracts.
All contracts shall be made and set forth in writing and shall be signed on behalf of the board by the chairman and attested by the county auditor with the county seal affixed after such contract has been voted upon and carried by a majority of the board.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51.
7-25-12. Performance bond required of construction contractor.
The board shall require a bond from the contractor in a sum equal to the contract price, conditioned that the contractor executes the contract and completes the building according to the plans and specifications and to the full satisfaction of the board. The contractor shall account for all moneys paid to the contractor and pay all bills and claims on account of labor or materials furnished in and about the performance of the contract including all demands of subcontractors. The bond shall stand as security for the bills, claims, and demands and be a surety bond issued by a surety company authorized to do a surety bonding business in the state or a personal bond with sufficient sureties, to be approved by the board of county commissioners.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 2016, ch 44, § 65.
7-25-13. Payment required if building occupied before acceptance.
It is further provided that in the event the board elects to use and occupy the public improvement before acceptance, the board shall pay all amounts due under the contract except double the amount the superintendent or architect shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is the greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until sixty days after said work has been fully completed.
Source: SDC 1939, § 12.2308 as added by SL 1963, ch 51.
7-25-14. Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports.
The board may appoint a competent superintendent, who may be the architect furnishing the plans and specifications for such building or buildings and such superintendent shall report to the board every thirty days as to the progress and character of the work done by the contractor, and upon the reports of the superintendent payments to the extent of the percent specified in § 7-25-10 or the percent embodied in the contract shall be made to the contractor from time to time during the process of construction, divided into such installments as the board and the contractor may agree upon at the time of entering into the contract, and which shall be included in and be a part of the terms of the contract. None of such payments, however, shall be held to constitute an acceptance in whole or in part, by the board prior to the making of the final payment and acceptance in full completion of the contract.
Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51.
7-25-16. Insurance on buildings--Application of proceeds--Filing policies.
The board of county commissioners may insure any or all of the public buildings and property belonging to the county. In case of the destruction or damage of the buildings or property so insured, such board shall demand and receive any money due on account of such insurance and cause same to be paid into the county treasury. All money received may be applied to the fund for rebuilding or restoring such buildings or property. Such insurance policies shall be filed in the office of the county auditor.
Source: PolC 1877, ch 21, § 96; CL 1887, § 640; RPolC 1903, § 877; RC 1919, § 5933; SDC 1939, § 12.0822; SL 1972, ch 47.
7-25-17. Rental space provided county officers where courthouse or jail insufficient.
In any county where there is no courthouse or jail erected by the county, or no lodging for prisoners provided under a joint agreement pursuant to § 24-11-4, or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide for courtroom, jail, and offices for the following named officers: sheriff, treasurer, register of deeds, state's attorney, auditor, clerk of courts, and circuit court judge for the county, to be furnished by such county in a suitable building or buildings for the lowest rent to be obtained at the county seat, or to secure and occupy suitable rooms at a free rent within the limits of the county seat or any of the additions thereto until such county builds a courthouse.
Source: SL 1874-5, ch 27, § 26; PolC 1877, ch 21, § 42; SL 1885, ch 41, § 1; CL 1887, § 606; RPolC 1903, § 846; RC 1919, § 5882; SDC 1939, § 12.2301; SL 1971, ch 52.
7-25-19. Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.
The board of county commissioners of any county may by resolution exercise all the powers conferred on the South Dakota Building Authority pursuant to and in the manner provided by §§ 5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale and lease-back of land, improvements, and capital equipment to be used for any lawful purpose, except that the proceeds of sale of any such facility are subject to § 6-13-8. All land, improvements and capital equipment owned or being leased or acquired by the county pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.
Source: SL 1984, ch 48, § 1; SL 1987, ch 185, § 3; SL 1989, ch 30, § 14.
7-25-20. Sale and lease-back powers additional--Restrictions on exercise.
The powers conferred by § 7-25-19 are in addition to all other powers conferred upon the board of county commissioners of any county, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.
Source: SL 1984, ch 48, § 2.
7-25A-1
Definition of terms.
7-25A-2
Petition for establishment of improvement district--Contents.
7-25A-3
Hearing upon petition--Notice.
7-25A-4
Factors for consideration--Requirements.
7-25A-5
Order establishing district--Appointment of additional members to board--Term of
office.
7-25A-6
Filing of order required.
7-25A-7
Powers of district.
7-25A-8
Hearing prerequisite to purchase or sale of certain water or sewer utilities.
7-25A-9
Powers of board--Composition--Term of office.
7-25A-10
Election of board members.
7-25A-11
Conduct of elections--Costs borne by district.
7-25A-12
Conduct of campaigns.
7-25A-13
Appointments made by supervisor of elections--Other duties.
7-25A-14
Board members known as supervisors--Oath and term of office--Vacancies.
7-25A-15
Majority constitutes quorum.
7-25A-16
Election of chairman--Other officers.
7-25A-17
Compensation of board members.
7-25A-18
District manager--Compensation--Duties.
7-25A-19
Relationships not constituting conflict of interest.
7-25A-20
Authority of manager to hire--Compensation of employees determined by board.
7-25A-21
Designation of treasurer--Powers and duties--Disbursement of funds--Bond.
7-25A-22
Selection of depository.
7-25A-23
Provision of utilities--Powers of district.
7-25A-24
District's authority to obtain loans--Purpose--Interest.
7-25A-25
District's authority to issue negotiable notes--Payment.
7-25A-26
Board's authority to issue bonds--Purpose--Limitation.
7-25A-27
Defeasance of bondholders--Provisions determined by board--Surplus funds.
7-25A-28
Bonds constituting legal investments.
7-25A-29
Default not to constitute debt or obligation of local government or state.
7-25A-30
Assessment of ad valorem tax--Purpose--Maximum amount--Collection.
7-25A-31
Ad valorem taxes--Delinquency and penalties.
7-25A-32
Interest on bonds exempt.
7-25A-33
Board authorized to levy special assessments for construction or acquisition of
certain projects--Assessment as continuing lien.
7-25A-34
Provisions of other chapters pertaining to taxation applicable.
7-25A-35
Board to require use of water management and control and water and sewer facilities
within district.
7-25A-36
Hearing required before fixing amount charged for services--Notice--Periodic
adjournment permitted.
7-25A-37
Final adoption of schedule--Filing requirements--Scope of coverage.
7-25A-38
Requirements for charges--Uniformity--Production of minimum revenues.
7-25A-39
Recovery of charges or penalties upon default.
7-25A-40
Board's authority to make contracts.
7-25A-41
Petition for termination or contraction of districts--Contents.
7-25A-42
Commission's authority to order termination or contraction.
7-25A-43
Hearing upon petition to terminate--Notice.
7-25A-1. Definition of terms.
Terms used in this chapter mean:
(1) "Board" or "board of supervisors," the governing board of the district;
(2) "Bond," any general obligation bond, assessment bond, refunding bond, revenue bond, and other obligation in the nature of a bond as is provided for in this chapter, as the case may be. This term includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates;
(3) "Cost," if used with reference to any project, includes, but is not limited to:
(a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction;
(b) The cost of surveys, estimates, plans, and specifications;
(c) The cost of improvements;
(d) Engineering, fiscal and legal expenses and charges;
(e) The cost of all labor, materials, machinery, and equipment;
(f) The cost of all lands, properties, rights, easements, and franchises acquired;
(g) Financing charges;
(h) The creation of initial reserve and debt service funds;
(i) Working capital;
(j) Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for a reasonable period of time after completion of construction or acquisition as the board may determine;
(k) The cost of issuance of bonds pursuant to this chapter, including advertisements and printing;
(l) The cost of any election held pursuant to this chapter and all other expenses of issuance of bonds;
(m) The discount, if any, on the sale or exchange of bonds;
(n) Administrative expenses; and
(o) Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district;
(4) "District," the improvement district;
(5) "District roads," all highways, streets, roads, alleys, sidewalks, storm drains, bridges, and thoroughfares of all kinds and descriptions contained within the boundaries of the district;
(6) "Improvement district," a local unit of special purpose government which is created pursuant to this chapter and limited to the performance of those functions authorized by this chapter, the boundaries of which contain no less than three hundred twenty acres, the governing head of which is a body created, organized, and authorized to function specifically as prescribed in this chapter;
(7) "Landowner" or "owner," any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated;
(8) "Local government," a county, municipality, or any political subdivision thereof;
(9) "Project," any development, improvement, property, utility, facility, works, or service now existing or hereafter undertaken or established under the provisions of subdivisions 7-25A-7(21) and (22);
(10) "Sewer system," any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource;
(11) "Water management and control facilities," any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works, structures or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental thereto;
(12) "Water system," any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water.
Source: SL 1989, ch 59, § 1; SL 2011, ch 39, § 1; SL 2011, ch 136, § 4.
7-25A-2. Petition for establishment of improvement district--Contents.
A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain:
(1) The legal description of the property of the district;
(2) The written consent by the owner or owners of one hundred percent of the real property to be included in the district, consenting to the establishment of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district;
(3) A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members;
(4) The proposed name of the district;
(5) An accurate survey and map of the territory intended to be embraced within the proposed district showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the petition is filed, for a period of not less than twenty days for examination by those having an interest in the application;
(6) The proposed timetable for construction of the district services and the estimated cost of constructing the services;
(7) An economic impact statement of the district upon the county;
(8) An environmental impact survey; and
(9) A statement that the creation of the district is consistent with any applicable comprehensive or effective local government plan.
Source: SL 1989, ch 59, § 2.
7-25A-3. Hearing upon petition--Notice.
Upon the filing of the petition, the county commission of the county in which the majority of land in which the proposed district is located shall schedule a hearing to hear objections to the petition, shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed district is located, and shall permit the inspection of the petition at the office of the auditor of each county by all persons. The second notice may not be published more than thirty days or less than ten days before the hearing.
Source: SL 1989, ch 59, § 3.
7-25A-4. Factors for consideration--Requirements.
The county commission, in considering the petition, shall determine whether all the following requirements have been met:
(1) That all statements contained within the petition have been found to be true and correct;
(2) That the creation of the district is not inconsistent with any applicable comprehensive plan or effective local government plan;
(3) That the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community;
(4) That the probable beneficial impact of the district outweighs any probable adverse socioeconomic impact of the proposed district.
Source: SL 1989, ch 59, § 4.
7-25A-5. Order establishing district--Appointment of additional members to board--Term of office.
Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-4 have been satisfied, the commission may enter an order granting the establishment of the district and setting forth its findings and conclusions. If an order is entered granting establishment of the district, the county commission shall appoint two additional members to the board of supervisors. However, if the proposed district is within the three mile radius of a municipality, the county commission shall appoint one member, and the municipal governing body shall appoint one member. An appointed member shall serve until replaced by the governing body responsible for the appointment or until the first election and may not be an elected official of the county or the municipality.
Source: SL 1989, ch 59, § 5.
7-25A-6. Filing of order required.
A certified copy of the order shall be filed with the register of deeds and auditor of each county in which the district is located.
Source: SL 1989, ch 59, § 6.
7-25A-7. Powers of district.
The district shall have, and the board may exercise, the following powers:
(1) To sue and be sued in the name of the district;
(2) To adopt and use a seal and authorize the use of a facsimile thereof;
(3) To acquire, by purchase, gift, devise, or otherwise, real and personal property, or any estate therein;
(4) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(5) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature;
(6) To borrow money and accept gifts;
(7) To apply for and use grants, or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith;
(8) To hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto;
(9) To maintain an office at such place or places as it may designate within a county in which the district is located, which office must be reasonably accessible to the landowners;
(10) To hold, control, and acquire by donation or purchase any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this chapter and to make use of such easements, dedications or reservations for any of the purposes authorized by this chapter;
(11) To lease as lessor or lessee to or from any person, firm, limited liability company, corporation, association or body, public or private, any projects of the type that the district may undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter;
(12) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as provided by this chapter;
(13) To levy such tax and special assessments as may be authorized by this chapter;
(14) To charge, collect, and enforce fees and other user charges;
(15) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law;
(16) To exercise within the district the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another;
(16A) To exercise beyond the district, with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area, or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 7-18 and 9-27 and over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to a potable water system and sewer system;
(17) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter;
(18) To assess and impose upon lands in the district ad valorem taxes;
(19) To impose and foreclose special assessment liens as provided by this chapter;
(20) To exercise such powers as may be authorized by this chapter and in accordance with the provisions of chapters 1-24 and 1-25;
(21) To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for the following basic infrastructures, all of which shall be exempt from property taxation:
(a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges;
(b) Water supply, sewer and waste water management, or any combination thereof;
(c) Bridges or culverts; and
(d) District roads, equal to or exceeding the specifications of the county in which the district roads are located, and street lights;
(22) After the board has obtained the consent of the local government within the jurisdiction of which a power specified in this subdivision is to be exercised, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational, cultural, and education uses;
(b) Fire prevention and control, including fire stations, water mains, and plugs;
(c) School buildings and related structures;
(d) Security, subject to compliance with all applicable state regulations;
(e) Waste collection and disposal;
(f) Conventions; and
(g) Parking;
(23) To purchase, sell or operate a water or sewer utility;
(24) To adopt and enforce an improvement district building code if the district has first obtained the consent of the county within which the district lies for the exercise of this power;
(25) Notwithstanding the provisions of § 1-24-2, to provide for law enforcement within the district through joint exercise of governmental powers agreements pursuant to chapter 1-24; and
(26) To exercise jointly with other authorized political subdivisions any power granted under chapters 6-3 and 6-5.
Source: SL 1989, ch 59, § 7; SL 1991, ch 64, § 1; SL 1994, ch 351, § 7.
7-25A-8. Hearing prerequisite to purchase or sale of certain water or sewer utilities.
No improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the improvement district has held a public hearing on the purchase or sale and made a determination that the purchase or sale is in the public interest.
Source: SL 1989, ch 59, § 8.
7-25A-9. Powers of board--Composition--Term of office.
The board of the district may exercise the powers granted to the district pursuant to this chapter. The board shall consist of five to seven members. Each elected member shall hold office for a term of six years and until his successor is chosen and qualifies. The members of the board shall be citizens of the United States.
Source: SL 1989, ch 59, § 9.
7-25A-10. Election of board members.
The board shall schedule an election of board members to be held on or before:
(1) The date of the first general municipal election after the tenth anniversary of the formation of the district; or
(2) The first general municipal election after the board receives notice of certification from the county auditor that at least forty-five registered voters reside in the district;
which ever occurs last.
The county auditor shall count the number of registered voters in each district in the county before December second of each odd numbered year. If the county auditor counts forty-five or more registered voters residing in the district, the county auditor shall certify the number of registered voters in that district and send notice of certification, by certified mail, to the board. No county auditor is required to count the number of registered voters in a district after the notice has been sent to the board or the district has held an election. At the first election, one board member shall be elected for a six-year term, two members shall be elected for a four-year term, and two members shall be elected for a two-year term. The candidate receiving the highest number of votes shall serve a six-year term, the two candidates receiving the next highest number of votes shall serve four-year terms, and the two candidates receiving the next highest number of votes shall serve two-year terms. After the first election, the term for each board member shall be a six-year term. All elected board members shall be registered voters of the district.
Source: SL 1989, ch 59, § 10; SL 1999, ch 36, § 1; SL 2017, ch 55, § 1.
7-25A-11. Conduct of elections--Costs borne by district.
All elections pursuant to this chapter shall be conducted, canvassed, recounted, and contested as other elections under the general municipal election laws of this state. All election costs are to be borne by the improvement district.
Source: SL 1989, ch 59, § 11.
7-25A-12. Conduct of campaigns.
Candidates seeking election to office shall conduct their campaigns in accordance with the provisions of Title 12.
Source: SL 1989, ch 59, § 12.
7-25A-13. Appointments made by supervisor of elections--Other duties.
The improvement district supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election.
Source: SL 1989, ch 59, § 13.
7-25A-14. Board members known as supervisors--Oath and term of office--Vacancies.
Members of the board shall be known as supervisors and, upon entering into office, shall take and subscribe to the oath of office as prescribed by law. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
Source: SL 1989, ch 59, § 14.
7-25A-15. Majority constitutes quorum.
A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members.
Source: SL 1989, ch 59, § 15.
7-25A-16. Election of chairman--Other officers.
As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chairman and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.
Source: SL 1989, ch 59, § 16.
7-25A-17. Compensation of board members.
Each member of the board of supervisors shall receive an amount not to exceed one hundred dollars per month or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the board.
Source: SL 1989, ch 59, § 17; SL 2016, ch 44, § 66.
7-25A-18. District manager--Compensation--Duties.
The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this chapter, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be prescribed by the board.
Source: SL 1989, ch 59, § 18.
7-25A-19. Relationships not constituting conflict of interest.
It is not a conflict of interest for members of the board, the district manager or other employee of the district to be a landowner, or a stockholder, officer, or employee of a landowner.
Source: SL 1989, ch 59, § 19; SL 1991, ch 64, § 2.
7-25A-20. Authority of manager to hire--Compensation of employees determined by board.
The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board.
Source: SL 1989, ch 59, § 20.
7-25A-21. Designation of treasurer--Powers and duties--Disbursement of funds--Bond.
The board shall designate a person as treasurer of the district, who is in charge of the funds of the district. The funds may only be disbursed upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer other or additional powers and duties as the board deems appropriate and may fix the compensation for the treasurer. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as is deemed satisfactory to the board to secure the performance by the treasurer of the powers and duties.
Source: SL 1989, ch 59, § 21; SL 2016, ch 44, § 67.
7-25A-22. Selection of depository.
The board may select as a depository for its funds any qualified public depository as set out in §§ 9-22-6 and 9-22-6.1.
Source: SL 1989, ch 59, § 22.
7-25A-23. Provision of utilities--Powers of district.
If the board assumes the responsibility for providing utilities, the district shall have the powers provided in chapters 9-40 and 9-47, insofar as such chapters relate to projects undertaken pursuant to subdivision 7-25A-7(21).
Source: SL 1989, ch 59, § 23.
7-25A-24. District's authority to obtain loans--Purpose--Interest.
The district at any time may obtain loans pursuant to chapter 9-25, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of the district. The loans shall bear such interest as the board may determine and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. Notwithstanding the provisions of chapter 9-25, the terms of these loans may not exceed thirty years.
Source: SL 1989, ch 59, § 24; SL 1990, ch 52, § 4.
7-25A-25. District's authority to issue negotiable notes--Payment.
For the purpose of defraying costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with law and to be sold or discounted at such price or prices and on such terms as the board may deem advisable. The board may provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the district. All notes shall be authorized, issued, and sold as provided in chapter 6-8B, except no election may be held.
Source: SL 1989, ch 59, § 25.
7-25A-26. Board's authority to issue bonds--Purpose--Limitation.
To undertake, accomplish, and complete any project or projects within the powers granted the board, the board may issue and sell bonds and other forms of indebtedness in such amount as the board may determine, for the purpose of acquiring, constructing, completing, or remodeling, maintaining, or equipping any such facility or facilities; refunding and refinancing the same from time to time as often as advantageous and in the public interest to do so; and pledging any income of such district, and any revenues derived by the district from such facilities, or any combination thereof, to secure payment of such bonds and to redeem such bonds. All districts bonds shall be authorized, issued and sold as provided in chapter 6-8B, except no election may be held to issue bonds other than those required by S.D. Const., Art. XIII, § 4.
Source: SL 1989, ch 59, § 26; SL 1990, ch 52, § 5.
7-25A-27. Defeasance of bondholders--Provisions determined by board--Surplus funds.
The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate. The board without limitation on the foregoing, may provide that when the bonds or obligations become due and payable or have called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and if the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate and become void. The board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the district as the board shall determine.
Source: SL 1989, ch 59, § 27.
7-25A-28. Bonds constituting legal investments.
Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings and loans, savings banks, banks, trust companies, insurance companies, personal representatives, trustees, conservators, and other fiduciaries.
Source: SL 1989, ch 59, § 28; SL 1993, ch 213, § 79.
7-25A-29. Default not to constitute debt or obligation of local government or state.
A default on the bonds or obligations of a district does not constitute a debt or obligation of a local government or the state.
Source: SL 1989, ch 59, § 29.
7-25A-30. Assessment of ad valorem tax--Purpose--Maximum amount--Collection.
The board may levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain projects; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, may not exceed ten dollars per one thousand dollars per taxable value. The ad valorem tax shall be in addition to county and all other ad valorem taxes. The tax shall be assessed, levied, and collected in the same manner and at the same time as county taxes.
Source: SL 1989, ch 59, § 30.
7-25A-31. Ad valorem taxes--Delinquency and penalties.
All ad valorem taxes provided for in this chapter shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.
Source: SL 1989, ch 59, § 31.
7-25A-32. Interest on bonds exempt.
Interest on all bonds issued pursuant to this chapter is exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof.
Source: SL 1989, ch 59, § 32.
7-25A-33. Board authorized to levy special assessments for construction or acquisition of certain projects--Assessment as continuing lien.
The board may levy special assessments for the construction, reconstruction, or acquisition of projects authorized under this chapter using the procedures provided in chapter 9-43. The district assessments may be made payable in thirty annual installments. Such special assessments are a continuing lien on such real property as against all persons except the United States and the state. The district may obtain loans as described in § 7-25A-24, issue negotiable notes, warrants, or other evidences of debt as described in § 7-25A-25 or issue and sell bonds and other forms of indebtedness as described in § 7-25A-26 to finance the construction, reconstruction, or acquisition of a project or projects authorized by this chapter prior to the time the board levies special assessments for such project or projects.
Source: SL 1989, ch 59, § 33; SL 1990, ch 52, § 6.
7-25A-34. Provisions of other chapters pertaining to taxation applicable.
The provisions of chapters 10-21, 10-22, 10-23, 10-24, and 10-25, shall be applicable to district taxes and special assessments with the same force and effect as if such provisions were expressly set forth in this chapter.
Source: SL 1989, ch 59, § 34.
7-25A-35. Board to require use of water management and control and water and sewer facilities within district.
To the full extent permitted by law, the district shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district.
Source: SL 1989, ch 59, § 35.
7-25A-36. Hearing required before fixing amount charged for services--Notice--Periodic adjournment permitted.
No such rates, fees, rentals, or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Notice of the public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall be published in a newspaper in the county and of general circulation in the district at least once and at least ten days prior to the public hearing. The hearing may be adjourned from time to time.
Source: SL 1989, ch 59, § 36.
7-25A-37. Final adoption of schedule--Filing requirements--Scope of coverage.
After the hearing, the schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of the rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.
Source: SL 1989, ch 59, § 37.
7-25A-38. Requirements for charges--Uniformity--Production of minimum revenues.
The rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated:
(1) To provide for all expenses of operation and maintenance of such facility or service;
(2) To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and
(3) To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter.
Source: SL 1989, ch 59, § 38.
7-25A-39. Recovery of charges or penalties upon default.
If any rates, fees, rentals, charges, or delinquent penalties have not been paid when due and have been in default for sixty days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action.
Source: SL 1989, ch 59, § 39.
7-25A-40. Board's authority to make contracts.
The board may enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district.
Source: SL 1989, ch 59, § 40.
7-25A-41. Petition for termination or contraction of districts--Contents.
A petition for the expansion, termination, or contraction of an improvement district shall be filed with the county auditor of each county in which the district is located. The petition shall contain:
(1) A copy of the order establishing the district;
(2) A written consent to the expansion, termination, or contraction of the district by the owner or owners of seventy-five percent of the real property in the district which consent has been given within the last one hundred eighty days. The written consent shall contain the legal description of the property and the name of any owner of the property affected;
(3) A statement explaining the reasons for the proposed expansion, termination, or contraction of the district;
(4) For a proposed termination or contraction of the district, a statement that all debts will be paid or assumed;
(5) In the case of a petition for the expansion of an improvement district, the written consent by the owners of one hundred percent of the real property to be newly included in the district as a result of the expansion, consenting to the expansion of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district as a result of the expansion. Such written consent shall be given within the last one hundred eighty days, and such written consent or other documentation shall contain the legal description of the property and the name of the owners of the property;
(6) A copy of a resolution adopted by the board of supervisors approving the proposed petition;
(7) An accurate survey and map of the territory to be embraced in the boundaries of the district, as contracted or expanded, and the area thereof, which shall be verified by an affidavit of a licensed surveyor. The survey and map shall be left at a convenient public office to be designated by the county auditor of the county in which the petition is filled, for a period of not less than twenty days before the date of the hearing on the petition;
(8) In the case of expansion, the proposed timetable for construction of district services to the expanded area, and the estimated cost of constructing the services; and
(9) In the case of an expansion, an economic impact statement of the district upon the county, an environmental impact survey, and a statement that the expansion of the district is consistent with any applicable comprehensive or effective local government plan.
Source: SL 1989, ch 59, § 41; SL 1990, ch 52, § 7; SL 1991, ch 64, § 3.
7-25A-42. Commission's authority to order termination or contraction.
The county commission of the county in which the majority of land in the area in which the district is located, upon petition, may order the expansion, termination, or contraction of an improvement district as provided by this chapter.
Source: SL 1989, ch 59, § 42; SL 1990, ch 52, § 8.
7-25A-43. Hearing upon petition to terminate--Notice.
Upon the filing of the petition, the county commission shall schedule a hearing to hear objections to the petition and shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the district is located. The second notice may not be published more than thirty days nor less than ten days before the hearing.
Source: SL 1989, ch 59, § 43.
7-25A-44. Factors for consideration by commission.
The county commission after conducting a hearing pursuant to this chapter, shall consider the following:
(1) Whether all statements contained within the petition have been found to be true and correct;
(2) Whether all the debts will be paid or assumed prior to termination;
(3) Whether fifty percent of the owners have consented to the termination or contraction;
(4) Whether, in the sound discretion of the county commissioners, there is good cause for termination or contraction of the district;
(5) Whether, in a proposed expansion, the expansion of the district is consistent with any applicable comprehensive plan or effective local government plan;
(6) Whether, in a proposed expansion, the affected area is sufficiently contiguous to the existing district to be developable with the existing district as one functional interrelated community; and
(7) Whether, in a proposed expansion, the probable beneficial impact of the expansion of the district outweighs any probable adverse socioeconomic impact of the proposed expansion of the district.
Source: SL 1989, ch 59, § 44; SL 1990, ch 52, § 9.
7-25A-45. Order for termination or contraction--Requirements.
Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-44 have been satisfied, the commission may enter an order granting the expansion, termination, or contraction of the district and setting forth its findings and conclusions.
Source: SL 1989, ch 59, § 45; SL 1990, ch 52, § 10.
7-25A-46. Filing of order.
A certified copy of the order granting the petition for the expansion, termination, or contraction of a district shall be filed with the auditor and register of deeds of each county in which the district was located or will be located as a result of an expansion.
Source: SL 1989, ch 59, § 46; SL 1990, ch 52, § 11; SL 1991, ch 64, § 4.
7-26-1
County monument to veterans--Maintenance and repair.
7-26-2
Repealed.
7-26-3
Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers.
7-26-4
Repealed.
7-26-5
Construction, improvement, and operation of historical museums.
7-26-6
Cemeteries subject to county maintenance.
7-26-7
Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations.
7-26-1. County monument to veterans--Maintenance and repair.
The board of county commissioners may erect in a suitable place a monument suitable to honor and perpetuate the memory of all American veterans from the county. The board shall provide continued maintenance and repair of the monument.
Source: SL 1907, ch 232, § 1; RC 1919, § 5844; SDC 1939, § 12.2306; SL 1980, ch 58, § 2; SL 1985, ch 77, § 9; SL 2011, ch 40, § 1.
7-26-3. Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers.
The board of county commissioners may, in its discretion, acquire without cost to the county historic sites located in said county and objects of historic interest including newspapers, magazines, and writings of historical interest of any sort or type whatsoever, and may provide in the county courthouse or elsewhere in the said county a room or rooms for the preservation, display, and maintenance of such objects and writings. They may cause to be erected within the said county suitable markers for any such historic site.
Source: SL 1953, ch 26; SL 1957, ch 28; SL 1959, ch 33; SDC Supp 1960, § 12.2310.
7-26-5. Construction, improvement, and operation of historical museums.
The board of county commissioners may provide for the acquisition of sites, purchase, erection, renovation, improvement, remodeling, alteration, operation, addition to, and repairing of county historical museums, or a historical museum owned by an incorporated nonprofit historical association or society, or a historical museum owned by the state located within such county.
Source: SL 1966, ch 28; SL 1967, ch 21; SL 1970, ch 51; SL 1985, ch 77, § 10.
7-26-6. Cemeteries subject to county maintenance.
For the purposes of § 7-26-7 the term "abandoned cemetery" means a cemetery, in which no burial of a human body has taken place for five years and which has not been, for a period of five or more years, maintained by any person, church, religious or benevolent society, or any civic organization.
Source: SL 1973, ch 45, § 1; SL 1981, ch 57, § 1.
7-26-7. Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations.
The board of county commissioners may regulate and maintain abandoned rural cemeteries. The regulation and maintenance shall include, but is not limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The board of county commissioners may appoint a cemetery board of directors to manage abandoned cemeteries or may assign management as well as funding responsibilities to any interested organization or individual. The board shall have the same powers as nonprofit corporations as provided in § 47-22-55 and shall submit annual reports to the board of county commissioners on its activities. Funds necessary to carry out the provisions of this section may be appropriated from the county general fund.
Source: SL 1973, ch 45, § 2; SL 1981, ch 57, § 2; SL 1991, ch 65.
7-27-1
Construction and maintenance of exhibition buildings--Acquisition of property--Tax
levy.
7-27-1.1
Municipal annexation of fair land--Continued jurisdiction of county commissioners.
7-27-2
Repealed.
7-27-3
Conduct of county fair by commissioners--Delegation of powers--Purposes of fair.
7-27-4
Repealed.
7-27-5
Repealed.
7-27-6
Lease of fair grounds--Maximum term--Purchase options--Sale or gift.
7-27-7 to 7-27-9. Repealed.
7-27-10
County fair board--Appointment, organization, and duties of board and officers.
7-27-11
Working agreement with nonprofit operating corporation.
7-27-11.1
Organization and incorporation of nonprofit fair corporations.
7-27-12
Lease of fair grounds and buildings--Purposes for which authorized.
7-27-12.1
Corporate county fair prohibited during state fair.
7-27-13
Repealed.
7-27-14
County fair receipts paid into general fund--Expenses paid from general fund.
7-27-15
Collection of receipts by fair board or corporation--Expenditure of funds--Annual
report of receipts and expenditures.
7-27-16
County fair associations and nonprofit corporations--Joint fair with adjacent
counties--Filing of articles and list of officers.
7-27-17
County appropriations for aid of fair association or corporation.
7-27-17.1
Time of payment of aid to fair associations and corporations.
7-27-18
Repealed.
7-27-19
Repealed.
7-27-20
Confidentiality of contract terms and negotiations.
7-27-1. Construction and maintenance of exhibition buildings--Acquisition of property--Tax levy.
The county commissioners may erect, maintain, repair, remodel, and otherwise improve upon any ground owned or acquired by purchase, including by contract for deed or lease with purchase option, lease, gift, bequest, or otherwise, any building to be used for the exhibition of stock, farm produce, school work, and domestic arts, or for the sale of livestock, or for farmers' or other meetings or any other purpose which in the discretion of the county commissioners is to the benefit of the best interests of the county. The board may purchase, including by contract for deed or lease with purchase option, lease, or otherwise acquire by gift, bequest, or otherwise, any other real property in the county with or without buildings thereon, or lease space in any building within the county, for any of the above specified purposes. The county commissioners may levy a tax for any of the purposes not to exceed thirty cents per thousand dollars of taxable valuation of taxable property in the county. The levy authorized by this section is in addition to the levy authorized in § 10-12-21.
Source: SL 1921, ch 169; SDC 1939, § 12.2305; SL 1951, ch 30; SL 1963, ch 50; SL 1973, ch 47, § 1; SL 1975, ch 81, § 1; SL 1985, ch 15, § 25; SL 1985, ch 77, § 11; SL 1990, ch 55.
7-27-1.1. Municipal annexation of fair land--Continued jurisdiction of county commissioners.
If the land upon which any fair established pursuant to the provisions of this chapter is annexed by a municipality, the board of county commissioners shall continue to regulate maintenance, construction, and supervision of the fairgrounds.
Source: SL 1976, ch 99, § 1.
7-27-3. Conduct of county fair by commissioners--Delegation of powers--Purposes of fair.
It shall be lawful for the county commissioners in their discretion to purchase, including by contract for deed or lease with purchase option, or lease or acquire by gift, bequest, or otherwise, land in such county and to erect or lease and maintain, repair, remodel, and otherwise improve at any time suitable buildings thereon for county fair purposes and to conduct a county fair thereon, employing a secretary or manager therefor, and to do any and all things in the premises which are ordinarily done by the manager conducting county agricultural and industrial fairs, or to delegate any and all such powers for the conduct of such fair to a county fair board or nonprofit operating corporation as provided by §§ 7-27-10 and 7-27-11, including the right to charge for entrance thereto and to offer premiums for exhibits thereat. In the discretion of the county commissioners county fair purposes may include buildings, equipment, and other facilities for 4-H achievements days or any other 4-H activity, and any funds provided by this chapter may be allocated and used for such expenditures.
Source: SL 1915, ch 125, § 1; RC 1919, § 5808; SL 1919, ch 144; SL 1929, ch 96, § 1; SL 1937, ch 84, § 1; SDC 1939, § 12.2601; SL 1941, ch 34; SL 1951, ch 31, § 1; SL 1953, ch 27; SDC Supp 1960, § 12.2601 (1); SL 1975, ch 81, § 2.
7-27-6. Lease of fair grounds--Maximum term--Purchase options--Sale or gift.
If land or buildings leased by a county or by the county fair board or nonprofit operating corporation for fair grounds is owned by any other public corporation or subdivision, a lease thereof may be made for any period not to exceed ninety-nine years and all public corporations or subdivisions are hereby authorized to make such lease contracts, and to include purchase options therein, or to sell under contract for deed or otherwise or to make a gift of such property to any of the foregoing entities as in the discretion of the governing bodies might best serve the public interest.
Source: SL 1937, ch 84, § 1; SDC 1939, § 12.2601; SL 1941, ch 34; SL 1951, ch 31, § 1; SDC Supp 1960, § 12.2601 (5); SL 1975, ch 81, § 3.
7-27-10. County fair board--Appointment, organization, and duties of board and officers.
The county commissioners may, in lieu of appointing a secretary or manager, appoint a county fair board which shall conduct and have full management and control of the county fair. The board of county commissioners shall determine the number and tenure of the members of the board and shall determine the duties of the board. After the appointment of the members of the said board, the members shall organize by selecting one of its members as chairman, another member as secretary and another member as treasurer, provided the same member may be both secretary and treasurer. The treasurer must be bonded. The county fair board shall have authority to do all things necessary to conduct the county fair.
Source: SDC 1939, § 12.2601 (2) as added by SL 1951, ch 31, § 1.
7-27-11. Working agreement with nonprofit operating corporation.
In lieu of appointing a secretary or manager, or a county fair board, the county commissioners may enter into a lease or working agreement with a nonprofit operating corporation which shall conduct and have full management and control of the county fair and which is hereby empowered to exercise all rights and privileges and granted all immunities with regard to such conduct, management and control as are granted boards of county commissioners by this chapter and code, except to the extent expressly limited by any such lease or working agreement. One member of the board of county commissioners shall be appointed by it to serve as ex officio member of the board of directors of the nonprofit operating corporation.
Source: SDC 1939, § 12.2601 (2) as added by SL 1951, ch 31, § 1; SL 1975, ch 81, § 6.
7-27-11.1. Organization and incorporation of nonprofit fair corporations.
For purposes of this chapter, nonprofit fair corporations may be organized and incorporated as in the case of other nonprofit corporations, as provided by this code in chapters 47-22 to 47-28, inclusive, for the operation, conduct, management, and control of county fairs and exhibitions.
Source: CCivC 1877, § 565; SL 1879, ch 8, § 1; CL 1887, § 3165; RCivC 1903, § 810; SL 1907, ch 107, § 2; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §§ 7943, 7945; SDC 1939, §§ 53.0402, 53.0404, 53.0405; SDCL, §§ 42-3-1 to 42-3-3; SL 1975, ch 81, § 11.
7-27-12. Lease of fair grounds and buildings--Purposes for which authorized.
The county commissioners, county fair board or nonprofit operating corporation may lease the fair grounds and fair buildings or any part thereof to any person, persons, limited liability company, corporation, association, or organization in their discretion, either for the purpose of having such person, persons, limited liability company, corporation, association, or organization take charge of and operate all or any part of the county fair or for organization meetings, entertainment, livestock shows, horse, or any other types of races and for any and all other purposes in their discretion which serve and benefit the public.
Source: SDC 1939, § 12.2601 (7) as added by SL 1941, ch 34; SL 1951, ch 31, § 1; SL 1975, ch 81, § 7; SL 1994, ch 351, § 8.
7-27-12.1. Corporate county fair prohibited during state fair.
No fair shall be held by a fair corporation receiving aid from any county under the provisions of this chapter during the week of the state fair.
Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7947; SDC 1939, § 53.0407; SDCL, § 42-3-9; SL 1975, ch 81, § 12.
7-27-14. County fair receipts paid into general fund--Expenses paid from general fund.
All amounts collected as entrance money, admission fees, concessions, rentals, or otherwise, pertaining to such county fair shall be paid into the general fund of the county, and all expenses, costs, premiums, and purses incurred and paid on account of such county fair shall be paid out of such general fund.
Source: SL 1915, ch 125, § 2; RC 1919, § 5809; SDC 1939, § 12.2602; SL 1951, ch 31, § 2.
7-27-15. Collection of receipts by fair board or corporation--Expenditure of funds--Annual report of receipts and expenditures.
In counties having a county fair board, or a lease-working agreement with a nonprofit corporation, such fair board or nonprofit corporation may be authorized to collect all of the above-mentioned receipts, pay all expenses, costs, premiums, and purses, and after the payment of said items, the net receipts shall be kept and maintained by said corporation as trust funds and expended only for the future development of the county fairgrounds and the purpose of the county fair, and related purposes. The county fair board or operating corporation must file with the county auditor an annual report of all receipts and expenditures not later than December thirty-first of each year.
Source: SDC 1939, § 12.2602 as added by SL 1951, ch 31, § 2.
7-27-16. County fair associations and nonprofit corporations--Joint fair with adjacent counties--Filing of articles and list of officers.
Associations or nonprofit operating corporations may be formed to serve on behalf of any county or two or more counties jointly for the purpose of holding and conducting annual fairs or exhibitions to promote and encourage agriculture, horticulture, stock-raising, and general domestic industries and for the purpose of disseminating information with respect to agriculture, horticulture, stock-raising, and general domestic industries or any one of them. Any nonprofit operating corporation having a lease or working agreement with any county as provided by § 7-27-11 may contract with additional counties, so long as all such counties are adjacent to each other and form a compact area, for purposes of conducting a joint fair.
The secretary of such association or nonprofit operating corporation shall file a copy of its articles of association or incorporation, as the case may be, with the county auditors of the counties joined in such enterprise and shall annually file a list of officers for that year and a report of all receipts and expenditures not later than December thirty-first of each year with the said county auditors of each such county. One member of the board of county commissioners of each joining county shall be appointed to serve ex officio on the board of directors of the association or corporation, as the case may be.
Source: SL 1927, ch 81, §§ 1, 3; SDC 1939, § 12.2603; SL 1975, ch 81, § 9.
7-27-17. County appropriations for aid of fair association or corporation.
It shall be lawful for the boards of county commissioners of the counties embraced within the territory covered by the articles of the fair association or corporation operating under the provisions of this chapter, to appropriate for the aid of such association or nonprofit operating corporation and for such association or corporation to receive, for the purpose of paying premiums or otherwise assisting in the promotion of such fairs or exhibitions, such aid as in the discretion of the county commissioners is just and necessary.
Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7946; SL 1919, ch 202; SL 1927, ch 81, §§ 2, 4; SL 1931, ch 109; SDC 1939, §§ 12.2603, 53.0406; SDCL, § 42-3-7; SL 1975, ch 81, § 10.
7-27-17.1. Time of payment of aid to fair associations and corporations.
The county financial aid provided for in this chapter for fair associations and corporations shall be paid at the time or times determined by the county commission in its discretion.
Source: SL 1907, ch 107, § 1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, § 7947; SDC 1939, § 53.0407; SDCL, § 42-3-11; SL 1975, ch 81, § 13.
7-27-20. Confidentiality of contract terms and negotiations.
The terms of any contract and the negotiations for any contract between a board of commissioners, county fair board, fair association, or nonprofit operating corporation and any performers or entertainers at a fair or exhibition may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.
Source: SL 1993, ch 16, § 2.
7-28-1
Repealed.
7-28-2
Repealed.
7-28-3
Repealed.
7-29-1 to 7-29-13. Repealed.
7-29-14
Proceedings to recover possession or purchase money for county land sold.
7-29-15
Exchange of isolated tracts with state or United States--Advertising and appraisement
not required.
7-29-16
Exchange of national forest lands with United States--Notice.
7-29-17
Reservation of mineral rights in national forest exchanges.
7-29-18
Donation of land and rights of way to United States for waterworks.
7-29-19
County acquisition of land for donation to United States.
7-29-20
Acquisition of land and exchange with municipality.
7-29-21
Validation of prior conveyances of county land--Right barred by no action.
7-29-22
Validation of prior conveyances subject to vested rights of which notice given.
7-29-23
Sale or lease of real property for industrial development or public purposes--Terms
of lease.
7-29-24
Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
7-29-25
Donation of land to state or first or second class municipality for parks or recreation
area.
7-29-26
Donation of property to nonprofit corporations.
7-29-27
Lease or conveyance of real property to provide health care.
7-29-14. Proceedings to recover possession or purchase money for county land sold.
In all cases where lands have been granted to any county for public purposes and any part thereof has been sold and the purchase money or any part thereof shall be due and unpaid, all proceedings necessary to recover possession of such lands or to enforce the payment of the purchase money, including the procedure set forth in §§ 7-31-25 to 7-31-30, inclusive, shall be instituted in the name of the proper county.
Source: SL 1874-5, ch 27, § 28; PolC 1877, ch 21, § 13; CL 1887, § 572; RPolC 1903, § 795; RC 1919, § 5791; SL 1935, ch 79; SDC 1939, § 12.1801; SL 1974, ch 68, § 7.
7-29-15. Exchange of isolated tracts with state or United States--Advertising and appraisement not required.
A board of county commissioners may, with the approval of the appropriate department of the State of South Dakota or the federal government, exchange scattered and isolated tracts and sections of land belonging to such county for lands belonging to the State of South Dakota or to the United States Government, value for value, and may execute proper conveyances thereof in manner and in form as provided by existing laws but without the necessity of complying with any statute requiring advertising, notice or appraisement and may accept in return therefor a proper instrument of conveyance to the county of the lands for which such lands are exchanged.
Source: SL 1939, ch 23; SL 1941, ch 35; SDC Supp 1960, § 12.1808; SL 1981, ch 44, § 11.
7-29-16. Exchange of national forest lands with United States--Notice.
The various counties of this state are hereby empowered to take advantage of the act of Congress of March 20, 1922, (42 U.S. Stat., 465) and acts amendatory thereto, relating to the consolidation of national forests, and for that purpose the board of county commissioners of any county shall have authority to sell or otherwise dispose of lands acquired by such county through tax sale proceedings located within the boundaries of any forest or within five miles of the boundaries of any national forest which are chiefly valuable for national forest purposes, to the United States Government, at private sale at such price and upon such terms and conditions as the said board of county commissioners may deem advisable and to the best interests of the county. Before any such sale or transfer is effected, notice of such contemplated sale or transfer shall be given as required by the said acts of Congress and such notice shall be in lieu of any notice required by the laws of this state relating to the sale of such lands.
Source: SL 1931, ch 112; SDC 1939, § 57.1126.
7-29-17. Reservation of mineral rights in national forest exchanges.
All mineral rights to such lands sold and conveyed to the United States Government pursuant to § 7-29-16 shall be reserved to the county, and such deeds of conveyances shall provide therein that any and all mineral rights in and to said lands are expressly reserved to the county.
Source: SL 1931, ch 112; SDC 1939, § 57.1126.
7-29-18. Donation of land and rights of way to United States for waterworks.
Whenever the board of county commissioners determines that it is in the public interest, and, in particular, to the interest of the county, said board is hereby authorized to donate by quitclaim deed to the United States of America the vested and after-acquired title to any lands now, or hereafter, belonging to such county, whether such lands be acquired by grant, donation, tax-title proceedings, or otherwise, for sites for dams, reservoirs, and power plants; and said board is further authorized to donate to the United States, over and upon any such acquired lands, easements and rights of way for canals, laterals, tunnels, roads, campsites, and telephone and transmission lines necessary to the construction and operation of any irrigation works or power plants constructed by or under the authority of the United States, and all conveyances by the county of such lands shall be made subject to the grant of such easements and rights of way. All conveyances shall be executed in the name of the county by the chairman of the board of county commissioners and attested by the county auditor.
Source: SL 1941, ch 39, § 1; SDC Supp 1960, § 12.0617-1.
7-29-19. County acquisition of land for donation to United States.
The board of county commissioners is hereby granted the power to appropriate moneys out of the general funds of the county for the purpose of acquiring lands, easements, rights of way, and any other interests in lands to be donated to the United States as provided in § 7-29-18, and to exercise the right of eminent domain to acquire such lands, easements, rights-of-way, and other interests in said lands.
Source: SL 1941, ch 39, § 2; SDC Supp 1960, § 12.0617-1.
7-29-20. Acquisition of land and exchange with municipality.
Any county of this state is hereby authorized and empowered to purchase property, with money from its general fund or otherwise, and thereafter to transfer and convey such property so purchased to any municipal corporation within or partly within the boundary of such county in exchange for property owned by such municipality, provided the property so transferred and conveyed to the county is for a public use and purpose. Said transfers of property shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
Source: SL 1959, ch 37; SDC Supp 1960, § 12.2223.
7-29-21. Validation of prior conveyances of county land--Right barred by no action.
All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings or in satisfaction of school fund mortgages or by compromise with insolvent banks or through foreclosure or settlement of "building fund" mortgages or by exchange or transfer of title of county-owned lands for other lands, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title and interest of said county in and to such real property.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source: SL 1968, ch 278, § 1; SL 1992, ch 307, § 1.
7-29-22. Validation of prior conveyances subject to vested rights of which notice given.
All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized, and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title, and interest of said county in and to such real property.
If any person has any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source: SL 1945, ch 43, § 1; SL 1947, ch 45, § 1; SL 1949, ch 27, § 1; SL 1951, ch 36; SL 1953, ch 33; SDC Supp 1960, § 65.0325; SL 1963, ch 461; SL 1970, ch 53; SL 1992, ch 307, § 2.
7-29-23. Sale or lease of real property for industrial development or public purposes--Terms of lease.
Every county shall have power to lease or sell on a negotiated basis and to convey any of its real property to a municipality or the state or another county, or to a nonprofit local industrial development corporation as defined by § 7-29-24 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in § 9-54-1. Such lease or sale shall be authorized on the terms and in the manner provided by resolution of the county commissioners.
Source: SL 1976, ch 63, § 1; SL 1977, ch 48, § 2.
7-29-24. Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
''Local industrial development corporation," as that term is used in § 7-29-23, is an enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. Such corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than twenty-five members. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute not less than seventy-five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty-five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under § 7-29-23. The primary objective of the local industrial development corporation shall be to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.
Source: SL 1976, ch 63, § 2; SL 1996, ch 40, § 2.
7-29-25. Donation of land to state or first or second class municipality for parks or recreation area.
By unanimous vote of its members, a board of county commissioners may give, upon such terms and conditions as may be agreed to, any of its lands suitable for parks or recreation areas to the State of South Dakota or to first and second class municipalities in the manner provided by chapter 9-38 or chapter 41-2 for use as state parks, recreation areas, or city parks.
Source: SL 1989, ch 30, § 17; SL 1992, ch 60, § 2.
7-29-26. Donation of property to nonprofit corporations.
By unanimous vote of its members, a board of county commissioners may give, lease or convey, upon such terms and on such conditions as the board shall set forth, personal and real property to corporations organized under chapter 47-22, if the property is to be used exclusively by such corporation for one or more of the purposes specified in § 47-22-4.
Source: SL 1989, ch 30, § 19.
7-29-27. Lease or conveyance of real property to provide health care.
By majority vote of its members, a board of county commissioners may lease or convey, upon such conditions as the board shall set forth, real property for the purpose of providing health care.
Source: SL 1989, ch 30, § 21.
7-30-1
Real estate subject to lease--Place of offering at public auction--Annual leasing date.
7-30-2
Publication of notice of leasing.
7-30-3
Conduct of auction--Continuation--Adjournment.
7-30-4
Lease to highest bidder--Minimum rental.
7-30-5
Payment of annual rental--Execution of lease.
7-30-6
Form of lease--Entire quarter section leased where water right jeopardized.
7-30-7
Lease on sharecrop basis--Lien on crop.
7-30-8
Terms and conditions of lease.
7-30-9
Termination of lease on nonpayment of rent.
7-30-10
Lease of residential property--Advertising and auction--Payment of rent--Default.
7-30-11
Separation of subdivisions and reoffer if satisfactory bid not received.
7-30-12
Private lease of tracts not leased at annual auction.
7-30-13
Lease after auction.
7-30-14
Lease of residential property from month to month--Offer of higher rental.
7-30-15
Permit to build dam on leased land.
7-30-16
Payment to lessee who constructs dam--Conditions--Certificate of federal district
range program inspector.
7-30-17
Subsequent lessee to pay cost of dam--Computation of amount payable.
7-30-1. Real estate subject to lease--Place of offering at public auction--Annual leasing date.
All real estate belonging to any county in this state, and not required for immediate public use, may be leased as hereinafter provided. Such real estate, except such as is located within the area of a cooperative grazing association and leased to such association, shall be offered for lease at public auction at the courthouse of the county within which such real estate is situated. If there be no courthouse, then at the building in which the office of the county auditor is located. The annual leasing date of such property shall be fixed by the board of county commissioners each year and advertised accordingly.
Source: SL 1937, ch 86, § 1; SDC 1939, § 12.2212.
7-30-2. Publication of notice of leasing.
A notice of such leasing shall be published in the official newspapers of the county once during each of the two calendar weeks preceding the auction, stating the time and place at which the leasing of such lands will begin.
Source: SL 1937, ch 86, § 3; SDC 1939, § 12.2213.
7-30-3. Conduct of auction--Continuation--Adjournment.
The county auditor shall attend to the publishing of such notice and shall conduct the auction. The auction shall continue from day to day until all tracts of land for lease shall have been offered. The county auditor may for good cause adjourn the auction for a period of not more than three days.
Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214.
7-30-4. Lease to highest bidder--Minimum rental.
Each tract of land shall be leased to the highest bidder.
Before the auction date the board of county commissioners shall fix by resolution a minimum rental rate for each tract of land. No bid may be accepted which is less than the minimum rental rate.
Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214; SL 2011, ch 41, § 1.
7-30-5. Payment of annual rental--Execution of lease.
If the highest offer for any tract of land payable in cash is satisfactory, the bidder shall immediately pay to the county treasurer the amount specified as the annual rental for the tract. The treasurer shall give the bidder a receipt and shall keep a copy on file in the office. The county auditor shall prepare a lease for the tract in duplicate to be signed by the county auditor and the lessee. The county auditor shall give the lessee a copy and shall keep a copy on file in the office.
Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214; SL 2016, ch 44, § 70.
7-30-6. Form of lease--Entire quarter section leased where water right jeopardized.
The form of the lease shall be such as may have been prescribed by the board of county commissioners, provided, whenever the leasing of a legal subdivision of less than one quarter section containing a water privilege or right shall jeopardize the leasing price of the remaining acreage of said quarter section, no lease of a legal subdivision shall be granted to the lessee unless the lessee shall lease the entire quarter section.
Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214.
7-30-7. Lease on sharecrop basis--Lien on crop.
If any of the land offered for lease is land under cultivation, the commissioners may lease the same either for cash or upon part cash and part sharecrop basis or entirely upon a sharecrop basis according to the bid which in their discretion they may decide to be to the best interest of the taxing districts involved. In case of share rent or part share rent, the lease shall provide for a lien upon the crop and the same shall be filed for record notice of such lien.
Source: SL 1937, ch 86, § 2; SDC 1939, § 12.2214.
7-30-8. Terms and conditions of lease.
The lease authorized under the provisions of this chapter shall be on such terms and conditions as the board of county commissioners may determine to be most advantageous to such county, unless otherwise provided by statute.
Source: SL 1937, ch 86, § 5; SDC 1939, § 12.2215; SL 1983, ch 49, § 1.
7-30-9. Termination of lease on nonpayment of rent.
Any lease for more than the current calendar year shall terminate on the last day of January of any year unless the lessee pays prior thereto the amount of the annual rental for the next succeeding year to the county treasurer.
Source: SL 1937, ch 86, § 5; SDC 1939, § 12.2215; SL 1983, ch 49, § 2.
7-30-10. Lease of residential property--Advertising and auction--Payment of rent--Default.
The commissioners are authorized to rent such property for residence purposes only for a term not exceeding one year, and subject to the right of sale of the same by the county, and without any guaranty of title and possession by the county, provided the leasing of such property for a term longer than one month has been advertised and the property let to the highest bidder at the annual leasing of other county real estate. In such cases the rent shall be payable monthly in advance and the commissioners may require security for payment of the same in their discretion. Upon default in payment of any such rent, the tenant may be evicted under any procedure provided by law for eviction in leases of private property.
Source: SDC 1939, § 12.2212.
7-30-11. Separation of subdivisions and reoffer if satisfactory bid not received.
When a tract is offered for lease and no satisfactory bid is received therefor, the legal subdivisions thereof, if any, may be separately offered; or such tract may be offered in connection with contiguous tracts which have been offered and for which no acceptable bid has been received.
Source: SL 1937, ch 86, § 6; SDC 1939, § 12.2216.
7-30-12. Private lease of tracts not leased at annual auction.
Any tracts not leased at said annual auction or acquired thereafter may be privately leased by the county auditor, but for not less than the minimum price set by the board of county commissioners and for the current year only.
Source: SL 1937, ch 86, § 7; SDC 1939, § 12.2217.
7-30-13. Lease after auction.
Nothing in this chapter shall be construed so as to prevent the board of county commissioners from leasing all such real estate, except residence property, after the auction date on such terms and conditions as the board may determine.
Source: SDC 1939, § 12.2217; SL 1983, ch 49, § 3.
7-30-14. Lease of residential property from month to month--Offer of higher rental.
If such real estate is to be leased for residence purposes only, and does not include the lease of any agricultural or grazing lands, it may be leased on terms of month-to-month leasing by resolution of the county commissioners without public auction or advertising. The resolution of the county commissioners in such cases shall recite the monthly rental of such property. If any person shall offer to pay in advance a monthly rental twenty-five percent in excess of the rental then being paid for such residence property, the county commissioners must accept the same upon deposit of such rental in advance.
Source: SDC 1939, § 12.2212.
7-30-15. Permit to build dam on leased land.
Any lessee of county real estate of the character described in § 7-30-1 shall upon application to the board of county commissioners be granted a permit to build a dam on the leased land for the collection and storage of surface water thereon, if the written approval of the federal district range program inspector of the site of the proposed dam and reservoir is attached to said application.
Source: SL 1939, ch 24, § 1; SL 1941, ch 36, § 1; SDC Supp 1960, § 12.2219.
7-30-16. Payment to lessee who constructs dam--Conditions--Certificate of federal district range program inspector.
Any lessee who constructs a dam pursuant to the permit described in § 7-30-15 and has received a certificate executed by the federal district range program inspector is entitled to payment as provided in § 7-30-17, unless the lessee defaults in the terms of the lease, abandons the lease, or fails to bid at the next letting of the lease. The inspector shall state in the certificate the measurements of the dam, including the number of cubic yards of earth and whether the dam was approved by the inspector.
Source: SL 1939, ch 24, § 2; SL 1941, ch 36, § 1; SDC Supp 1960, § 12.2220; SL 2016, ch 44, § 71.
7-30-17. Subsequent lessee to pay cost of dam--Computation of amount payable.
No quarter section, or adjoining quarter section which is partially covered by the reservoir at high-water mark shall be leased or sold to another than the lessee unless the new lessee shall first pay to the county auditor for the lessee a reasonable amount for the work, labor, and material used or furnished in the building of such dam or any additions thereto, less ten percent for each year following the building of the dam or the making of any additions thereto. Any payments received from the federal government under its range program, or under any other federal program or project for the building of such dam or any addition thereto, shall also be deducted. The amount which shall be paid for the lessee, as herein provided, shall be determined in the same manner in which the value of other improvements on leased county land are determined under the provisions of §§ 7-31-9 and 7-31-10.
Source: SL 1939, ch 24, § 3; SL 1941, ch 36, § 1; SL 1943, ch 35; SDC Supp 1960, § 12.2221.
7-31-1
Legislative policy and purpose.
7-31-2
County commissioners to control land.
7-31-3
Classification of county-owned land--Procedures for management--Reclassification
of land--Classification of newly acquired land.
7-31-4
Lease of class one grazing land.
7-31-5
Lease of class two land--Conservation measures required.
7-31-6
Termination of leases on class two land on reclassification or failure of lessee to
abide by regulations.
7-31-7
Permit to erect improvements on leased land--Ownership of improvements.
7-31-8
Removal of improvements on termination of lease--County property if not removed.
7-31-9
Payment to lessee for improvements not capable of removal--Time of valuation.
7-31-10
Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs.
7-31-11
Deposit of value of improvements--Transfer of ownership.
7-31-12
Apportionment of rental proceeds from tax-deed lands.
7-31-13
Apportionment of rental proceeds from school mortgage lands.
7-31-14
Insurance on county-owned improvements.
7-31-15
Repealed.
7-31-16
Petition by political subdivision to sell county property--Direction of sale by county
commissioners--Reclassification of class two land.
7-31-17 to 7-31-24. Repealed.
7-31-25
Sale contract void on default in payment of installments--Forfeiture and reentry by
county.
7-31-26
Notice of default given to installment purchaser.
7-31-27
Service of notice on defaulting installment purchaser.
7-31-28
Recording of notice of default.
7-31-29
Reinstatement of installment contract on compliance with conditions--Termination
on failure to comply.
7-31-30
Proceedings to set aside installment contract in default.
7-31-31
Apportionment of proceeds of sale of land.
7-31-32
Exchange of isolated tracts--Advertising and appraisement not required.
7-31-33
Adjustment between taxing districts after exchange of lands.
7-31-34
Method of sale of school mortgage lands unaffected.
7-31-35
Appeal from county commissioners to circuit court.
7-31-36
Short title of law.
7-31-37
Oil and gas pooling agreements permitted.
7-31-38
Mineral, oil and gas leases permitted.
7-31-39
Royalty agreements required in oil and gas leases.
7-31-40
Assignment of mineral, oil and gas leases.
7-31-41
Cancellation of leases for nonpayment or nonperformance--Notice and opportunity
to remedy default.
7-31-42
Customary provisions inserted in mineral, oil and gas leases.
7-31-43
Power of county commissioners to withhold land from oil and gas leasing.
7-31-44
Sale or other disposition of oil and gas rights.
7-31-45
Appointment of county agents for management and sale of school mortgage and
tax-deed lands.
7-31-46
County commissioners to direct managing agents--Contracts on behalf of county.
7-31-1. Legislative policy and purpose.
It is hereby declared to be the policy of the Legislature to provide for the conservation of the land resources of the counties, for the establishment of sound administration and management of county-owned lands in order that these lands may be conserved and the maximum revenue obtained, for the protection of the tax base, and for the encouragement of stable operation of farms and ranches.
Source: SL 1939, ch 25, § 2; SDC Supp 1960, § 12.3402.
7-31-2. County commissioners to control land.
The board of county commissioners of any county shall have control of the sale, rental, and management of real property owned by the county acquired in satisfaction of school-fund loan mortgages or through foreclosure, or acquired through tax-deed proceedings or in payment of taxes, as provided in §§ 7-31-1 to 7-31-36, inclusive.
Source: SL 1939, ch 25, § 2; SDC Supp 1960, § 12.3402.
7-31-3. Classification of county-owned land--Procedures for management--Reclassification of land--Classification of newly acquired land.
In order to carry out the purposes described in § 7-31-1 the board of county commissioners may classify county-owned land into two classes which shall be called class one land and class two land. Such classification shall be based on the method of sale and leasing which will be followed in managing county-owned land. Procedure for sale, lease, transfer, and management may be varied between the two classes as provided herein. The classification shall list the various tracts of county-owned land that are designated class one land and the tracts that are designated as class two land and the general plan of leasing and management that is to be followed including the general type of leases and the standards and criteria that are to be followed in leasing class two land. The classification becomes effective by resolution of the board of county commissioners duly made and entered of record and thereafter the board may proceed in administration and management of the two classes of land as provided herein. The classification of any tract may be changed in the same manner that the original classification was made provided that tracts classified as class two land may not be reclassified as class one land, except at the termination of every five-year period from the date of original classification or at the termination of the lease on said tracts. Until such time as the board of county commissioners by resolution classifies the county-owned land all such land shall be considered class one land and shall be administered and managed as provided herein for class one land. Tracts acquired by the county after the above classification is made may be classified at any time by the board of county commissioners in the same manner, provided that until such classification is made, such tracts shall be considered as class one land.
Source: SL 1939, ch 25, § 3; SDC Supp 1960, § 12.3403.
7-31-4. Lease of class one grazing land.
Class one land and all county land in those counties which have not by resolution of the board of county commissioners established a classification may be leased as follows: all grazing land classified as class one land belonging to any county of this state, acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such, or acquired through tax-deed proceedings or in payment of taxes, may be offered for lease at public auction, provided that any land remaining unleased may be offered and leased privately under direction of board of county commissioners.
Source: SL 1939, ch 25, § 7; SL 1941, ch 38, § 3; SDC Supp 1960, § 12.3410 (1).
7-31-5. Lease of class two land--Conservation measures required.
Class two land shall be leased according to provisions prescribed by the board of county commissioners provided, however, no such lease shall be entered into unless the board of county commissioners in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limit the amount of grazing thereon and to change the rentals annually in accordance with a variable scale of rental charges based on market prices for livestock or livestock products, the number and character of stock to be grazed, the carrying capacity of the land, or on any combination of these factors.
Source: SL 1939, ch 25, § 7; SDC Supp 1960, § 12.3410 (2).
7-31-6. Termination of leases on class two land on reclassification or failure of lessee to abide by regulations.
Leases on class two land may be terminated at the option of the board of county commissioners if the lessee fails to abide by the regulations as to use and protection of the land or to pay the annual rental in advance provided that leases on class two land may be terminated by reclassification of the land as class one land as provided in § 7-31-3, all of which provisions shall be made a part of the lease.
Source: SL 1939, ch 25, § 7; SDC Supp 1960, § 12.3410 (3).
7-31-7. Permit to erect improvements on leased land--Ownership of improvements.
Whenever any land of a county has been leased, the board of county commissioners may grant to the lessee of such land a permit to erect thereon buildings, corrals, fences, well apparatus, wells, dams, and other water facilities; provided, that in no event shall the county become liable for any material furnished for, nor any labor performed in such improvements. The said lessee shall be the owner of such improvements subject to the provisions of §§ 7-31-8 to 7-31-11, inclusive.
Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
7-31-8. Removal of improvements on termination of lease--County property if not removed.
When improvements have been constructed in accordance with a permit, as provided in § 7-31-7, and the owner of the improvements ceases to lease such lands, he may remove such improvements as are physically capable of removal within ninety days of the termination of his lease. If such improvements are not removed within the said ninety days, or sold within said period to a lessee or purchaser of the lands, they shall become the property of the county.
Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
7-31-9. Payment to lessee for improvements not capable of removal--Time of valuation.
A subsequent lessee or a purchaser of the land shall pay the prior lessee the reasonable value of improvements erected by him within permission of the board of county commissioners, that are not physically capable of removal, and such payment shall be made before a lease, contract of purchase, or deed is issued to such subsequent lessee or purchaser. The value of the improvements shall be determined as of the date of such lease, contract of purchase, or deed.
Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
7-31-10. Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs.
If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested persons who shall file with the board of county commissioners an itemized report of the appraisal, signed by at least two members of the board of appraisal. Members of the board of appraisal shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal. The owner of the improvements shall deposit a sum with the county treasurer, prior to the appraisal sufficient to cover the cost of appraisal as determined by the board of county commissioners. The board of appraisal shall be paid from the deposit and any excess shall be refunded to the owner of the improvements.
Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412; SL 2016, ch 47, § 13.
7-31-11. Deposit of value of improvements--Transfer of ownership.
The subsequent lessee, or purchaser shall become the owner of such improvements when he has deposited with the board of county commissioners, for the use of the former owner of the improvements, a sum equal to their value as determined by the board of appraisal.
Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
7-31-12. Apportionment of rental proceeds from tax-deed lands.
The rental proceeds in any one year from the real estate acquired by counties under tax deed shall, after deducting the expenses of taking such tax deed and after deducting an amount agreed upon by the board of county commissioners necessary for general administrative expenses of tax-deed land, be apportioned by the county officials controlling such proceeds in the same manner as taxes on real estate due and payable during the same year are apportioned.
Source: SL 1939, ch 25, § 8; SL 1945, ch 35; SDC Supp 1960, § 12.3411 (1).
7-31-13. Apportionment of rental proceeds from school mortgage lands.
The rental proceeds from real estate acquired by counties in satisfaction of a school-loan mortgage or through foreclosure of such shall be distributed as provided by existing laws.
Source: SL 1939, ch 25, § 8; SL 1945, ch 35; SDC Supp 1960, § 12.3411 (2).
7-31-14. Insurance on county-owned improvements.
The board of county commissioners may, whenever it appears to be for the best interests of the county and other taxing districts, procure insurance against the hazards of fire, windstorm, tornado, and hail, on buildings held by the county, or in which the county has an interest, situated on land acquired by tax-deed proceedings, foreclosure of school-fund mortgage, or otherwise, and the cost thereof shall be deducted from rentals of such land and buildings in the same manner as administrative expenses, as provided in § 7-31-12.
Source: SL 1945, ch 35; SDC Supp 1960, § 12.3411 (3).
7-31-16. Petition by political subdivision to sell county property--Direction of sale by county commissioners--Reclassification of class two land.
Whenever a majority of the board of county commissioners deems it advisable, or whenever a written petition shall be presented to said board by the governing body of any municipal corporation, school board, board of education or township board, requesting the sale of any real property over which such petitioner has taxing power, the board of county commissioners shall direct that such real property be offered for sale in accordance with chapter 6-13. However, land classified as class two land shall not be offered for sale until after it has been reclassified as class one land by the board of county commissioners as provided in § 7-31-3.
Source: SL 1939, ch 25, § 4; SL 1941, ch 37; SDC Supp 1960, § 12.3404 (2); SL 1974, ch 68, § 8; SL 1989, ch 30, § 15.
7-31-25. Sale contract void on default in payment of installments--Forfeiture and reentry by county.
The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the county treasurer. Whenever the purchaser of any tract shall fail to pay the principal or interest due by him to the county for such tract within three months after same shall become due, or shall violate any of the provisions of the contract of sale, such contract shall be null and void, and he shall forfeit the amount of purchase money and interest paid on the purchase of said land, and all right, title and interest in all improvements thereon and such payments and improvements shall be retained by the county for the same purposes for which the proceeds of sale from such lands are used, in full satisfaction and in liquidation of all damages for the use and possession of said property by the purchaser; and the county shall have the immediate right to reenter and take possession of said real estate.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (10).
7-31-26. Notice of default given to installment purchaser.
To effect such forfeiture the board of county commissioners shall cause to be served upon the purchaser or his legal representative or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
7-31-27. Service of notice on defaulting installment purchaser.
Such notice shall be served personally in the manner provided for the service of a summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts, recited in the return of the sheriff of the county where real estate lies, shall be prima facie evidence that he cannot be found in such county or state, then service shall be made by notice published once each week for at least two consecutive weeks in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11); SL 1972, ch 28, § 6.
7-31-28. Recording of notice of default.
A copy of the notice with proof of service thereof, and the affidavit of the county auditor showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie evidence of the facts therein stated.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
7-31-29. Reinstatement of installment contract on compliance with conditions--Termination on failure to comply.
If within the time mentioned in the notice, the person served complies with such conditions and pays the costs of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided in § 7-31-25.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
7-31-30. Proceedings to set aside installment contract in default.
In lieu of or in addition to the forfeiture by notice as hereinbefore provided, in the discretion of the board of county commissioners such contract may be set aside by an action in the circuit court of the county in which said real estate is situated, under the proceedings provided for the strict foreclosure of real estate contracts, or under other proceedings provided by law, and the state's attorney shall conduct all said proceedings upon request of the board of county commissioners.
Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (12).
7-31-31. Apportionment of proceeds of sale of land.
The proceeds of any sale of land bid in and acquired pursuant to chapters 10-23, 10-25, and 10-26, after deducting the expenses incurred by the county in the proceedings to take tax deed and in such sale proceedings, shall be placed to the credit pro rata of the various funds and taxing districts which are the beneficiaries of the tax for the year for which such property was sold at tax sale; provided, however, that it shall be lawful for the county treasurer, in his discretion, to distribute the proceeds received from the sale of any property under the provisions hereof by prorating such proceeds on the basis of the levy for any one year the taxes of which are included in the proceeds of such sale, taking the year which represents the more equitable basis for such distribution.
Source: SL 1939, ch 25, § 4; SL 1941, ch 37; SDC Supp 1960, § 12.3404 (9); SL 1974, ch 68, § 9.
7-31-32. Exchange of isolated tracts--Advertising and appraisement not required.
In order to carry out the purpose of this chapter and to provide for efficient administration and management of county lands and to secure the maximum revenue therefrom the board of county commissioners are hereby authorized and empowered to exchange by transfer of title or lease scattered and isolated tracts and sections of county-owned lands for other public or private lands of like character in value, and to execute proper conveyances or leases thereof, in manner and form as provided by existing laws, but without the necessity of complying with any statute requiring advertising, notice, or appraisement, and to accept in return therefor a proper instrument of conveyance to the county of lands for which such lands are exchanged. Lands acquired by exchange shall be sold and leased as provided herein.
Source: SL 1939, ch 25, § 6; SL 1941, ch 38, § 2; SDC Supp 1960, § 12.3409.
7-31-33. Adjustment between taxing districts after exchange of lands.
Where the exchange of land shall result in the acquisition by the county of land in a different taxing district than the land which the county has exchanged for, the county commissioners shall pay or adjust any claim for taxes which such district or districts may have against such exchanged lands, and shall be authorized to compromise any claim or claims for taxes or penalty and interest as may be agreed upon between the county commissioners and the governing bodies of such district or districts, all moneys received from the newly acquired land shall be apportioned in the same manner as if no such exchange had been made.
Source: SL 1941, ch 38, § 2; SDC Supp 1960, § 12.3409.
7-31-34. Method of sale of school mortgage lands unaffected.
Nothing in §§ 7-31-1 to 7-31-33, inclusive shall change the method of sale of county-owned land acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such except that the same may be classified, leased, and managed as provided in said sections.
Source: SL 1939, ch 25, § 5; SDC Supp 1960, § 12.3408.
7-31-35. Appeal from county commissioners to circuit court.
Any person aggrieved by any decision of the board of county commissioners upon matters pertaining to §§ 7-31-1 to 7-31-34, inclusive, shall have the right to appeal to the circuit court, and the procedure of such appeal shall be the same as now provided for by law for appeals from decisions of boards of county commissioners.
Source: SL 1939, ch 25, § 10; SDC Supp 1960, § 12.3413.
7-31-36. Short title of law.
Sections 7-31-1 to 7-31-36, inclusive, may be known as the County Land Administration and Management Law.
Source: SL 1939, ch 25, § 1; SDC Supp 1960, § 12.3401.
7-31-37. Oil and gas pooling agreements permitted.
The boards of county commissioners of the several counties of the state are hereby authorized in their discretion, to enter by resolution into agreements, with respect to acreage or oil or gas rights owned by the several counties, for the pooling of such acreage with other acreage for unit operations for the production of oil or gas and for the apportionment of oil or gas royalties on an acreage or other equitable basis.
Source: SL 1939, ch 164, § 2; SDC Supp 1960, § 42.0815.
7-31-38. Mineral, oil and gas leases permitted.
To foster and encourage the development and exploitation of mineral, oil, gas, or other substances or commodities among the natural and physical resources of the State of South Dakota, and for the purpose of developing the resources, and operating and carrying on works of internal improvement in the State of South Dakota, any county of this state, as lessor, through its board of county commissioners, is hereby authorized to execute and issue in the name of such county leases for the exploration and development of, and production of oil or gas from any of the lands belonging to any county of this state acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such, or acquired through tax-deed proceedings or in payment of taxes, to any lessees for such a term of years and upon such terms as may be prescribed and contracted by the board of county commissioners of any county in the state in the exercise of their best judgment, to induce drilling operations and production of oil or gas in paying quantities.
Source: SL 1939, ch 165, § 1; SDC Supp 1960, § 42.0801.
7-31-39. Royalty agreements required in oil and gas leases.
All such leases as described in § 7-31-38 shall provide for the delivery to the said county in the pipeline to which said lessee may connect the wells, of a royalty of one-eighth of the oil or gas produced, saved, and marketed from the leased lands, or the equivalent proportion of the market value of such oil and gas in the field at the time of production, at the option of the said board of county commissioners; provided, however, no royalty shall be payable from oil or gas used in operations on the land for the development of oil or gas therefrom. Provided, further, that of the oil or gas so used, the same shall be in the proportion of seven-eighths belonging to the lessee or assigns, and one-eighth which but for such use would be delivered to the said county lessor.
Source: SL 1939, ch 165, § 1; SDC Supp 1960, § 42.0801.
7-31-40. Assignment of mineral, oil and gas leases.
All leases issued under the provisions of § 7-31-38 shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the said county. The term legal subdivision as used in this section shall be construed in its ordinary sense as used and recognized in the Bureau of Land Management of the United States. The assignment provided for herein shall be executed and acknowledged in duplicate in the manner prescribed for the conveyance of real estate in this state and subject to recording as other instruments conveying real estate, with like force and effect.
Source: SL 1939, ch 165, § 2; SDC Supp 1960, § 42.0802.
7-31-41. Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default.
The board of county commissioners of any county is hereby authorized to cancel any lease issued as provided in § 7-31-38 for nonpayment of rentals, if any are required by the lease, or for nonperformance by the lessee of any provision or requirement of the lease; provided, however, that if such cancellation shall be made the said board of county commissioners must mail to the said lessee, or assigns, by registered or certified letter addressed to the post office address of said lessee or assignee, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation, and if within thirty days after the mailing of said notice to the said lessee or assignee, he shall remedy the default specified in said notice, then no cancellation of said lease shall be ordered by the board of county commissioners, but otherwise the cancellation shall be made and all rights of the lessee or assignee under the lease shall thereupon terminate.
Source: SL 1939, ch 165, § 4; SDC Supp 1960, § 42.0804.
7-31-42. Customary provisions inserted in mineral, oil and gas leases.
The board of county commissioners is authorized to insert in the leases issued under the provisions of §§ 7-31-38 to 7-31-41, inclusive, such general provisions as are customary and proper for the protection of the rights of the lessor and of the lessee of the leased lands, and not inconsistent or in conflict with the provisions of said sections.
Source: SL 1939, ch 165, § 5; SDC Supp 1960, § 42.0805.
7-31-43. Power of county commissioners to withhold land from oil and gas leasing.
Nothing contained in §§ 7-31-38 to 7-31-42, inclusive, shall be construed as requiring the board of county commissioners of any county to lease any tract or tracts of land, nor to offer to lease the same, and said board of county commissioners shall have power to withhold any tract or tracts from leasing for oil or gas purposes, if in the opinion of said board the best interests of the county shall be served by so doing.
Source: SL 1939, ch 165, § 3; SDC Supp 1960, § 42.0803.
7-31-44. Sale or other disposition of oil and gas rights.
The said board of county commissioners is likewise hereby authorized to sell, assign, or otherwise dispose of any leases to, or interests in, any of said oil or gas rights mentioned in §§ 7-31-38 to 7-31-43, inclusive, or any fraction or part thereof belonging to said county, and such sales are hereby authorized to be made accordingly, whether private or by public auction, or either or both.
Source: SL 1939, ch 165, § 6; SDC Supp 1960, § 42.0806.
7-31-45. Appointment of county agents for management and sale of school mortgage and tax-deed lands.
The board of county commissioners of any county in this state which has an area of two hundred fifty thousand acres or more in which five percent or more of the taxable land of said county has been acquired, or which is subject to acquisition by the county, through the foreclosure of school-loan mortgages or through tax-deed proceedings or other source, except lands owned and held by the county for public use, may, in their discretion and whenever they deem it in the best interests of the county, employ any necessary agent or agents to expedite the rental and sale of real property acquired by the county and to assist the county treasurer in instituting tax-deed proceedings against property upon which the county holds or may hereafter acquire tax sale certificates.
Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
7-31-46. County commissioners to direct managing agents--Contracts on behalf of county.
Such agent or agents shall act under the direction of the board of county commissioners and with the approval of such board shall enter into all necessary contracts on behalf of the county for the lease or rental of any lands, the title to which has been or may hereafter be acquired by the county through foreclosure of any school-fund mortgage, tax-deed proceeding, or other source, except lands owned and held by the county for public use.
Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
7-31-47. Assistance by agents in tax-deed and mortgage-foreclosure proceedings.
Such agent or agents shall also at the direction of the board assist the county treasurer in the preparation and institution of tax-deed proceedings on behalf of the county and render any necessary assistance to the board and the county auditor in the sale of real property acquired by the county through tax-deed proceedings, mortgage foreclosure, or other source, and perform such other duties in relation to any such property as the board of county commissioners may prescribe.
Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
7-31-48. Compensation of managing agents--Clerical assistance and supplies.
Any agent or agents employed under the provisions of § 7-31-45 shall receive such compensation as may be determined by the board of county commissioners, and the board shall have authority to employ any clerical help and provide any office space and office supplies which may be necessary to carry out the provisions of §§ 7-31-45 to 7-31-48, inclusive.
Source: SL 1937, ch 87, § 2; SDC 1939, § 12.2218.
7-33-1
Commissioners authorized to provide system.
7-33-2
Agreements for system authorized.
7-33-3
Lease or purchase of land, facilities and vehicles authorized.
7-33-4
Tax levies and charges authorized--Licenses.
7-33-5
Acceptance of grants and gifts.
7-33-6
Policies and requirements for operation of system and for sale or transfer of solid
waste or recycled materials.
7-33-7
Board authorized to borrow money for the construction and operation of solid waste
management facilities.
7-33-8
Fixing of rates and charges for services--Pledge of revenues to pay bonds.
7-33-9
Rates to be set in amount sufficient to pay operating costs and produce reserves to
retire bonds.
7-33-1. Commissioners authorized to provide system.
The board of county commissioners in each county of the state is authorized to plan, organize, and provide a solid wastes management system to adequately handle solid wastes generated or existing within the boundaries of such county.
Source: SL 1971, ch 50.
7-33-2. Agreements for system authorized.
The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid wastes management system for all participating counties, an individual county, or any portion thereof.
Source: SL 1971, ch 50; SL 1992, ch 60, § 2.
7-33-3. Lease or purchase of land, facilities and vehicles authorized.
The board of county commissioners is authorized to contract for the lease or purchase of land, facilities and vehicles for the operation of a solid wastes management system either for the county or as a party to a regional solid wastes authority.
Source: SL 1971, ch 50.
7-33-4. Tax levies and charges authorized--Licenses.
The board of county commissioners shall have the authority to levy and collect such taxes, fees, or charges, and require such licenses as may be appropriate to discharge their responsibility for a solid wastes management system or any portion thereof.
Source: SL 1971, ch 50.
7-33-5. Acceptance of grants and gifts.
The board of county commissioners shall be authorized to accept, receive, and administer grants or other funds or gifts from private and public agencies, including the federal government, for the development and operation of a solid wastes management system.
Source: SL 1971, ch 50.
7-33-6. Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials.
The board of county commissioners of a county may, in accordance with the provisions of §§ 34A-6-40 and 34A-6-63.1, establish policies and requirements for the operation of solid waste or recycling facilities and systems and the sale or transfer of solid waste materials or by-products or recyclable materials.
Source: SL 1971, ch 50; SL 1976, ch 77; SL 2007, ch 204, § 2.
7-33-7. Board authorized to borrow money for the construction and operation of solid waste management facilities.
For the purpose of defraying the cost of acquiring, establishing, planning, operating, and maintaining a solid waste management system or facility, recycling facility, or any portion of such a system or facility, the board of county commissioners may borrow money and issue negotiable revenue bonds, without pledging or using the credit of the county. All proceedings for the construction and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility, and the borrowing of money and issuing of bonds therefore, shall be governed, to the extent applicable, by §§ 7-33-7 to 7-33-9, inclusive, and chapters 9-40 and 34A-6. All revenue bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source: SL 2009, ch 31, § 1.
7-33-8. Fixing of rates and charges for services--Pledge of revenues to pay bonds.
The board of county commissioners may:
(1) Fix reasonable rates and charges for services furnished and made available by the county to users of its facilities;
(2) Provide for the collection of the rates and charges;
(3) Pledge the net revenues derived from the facilities to the payment of bonds made payable from the revenues; and
(4) Make and enforce on behalf of the county any such lawful provisions and stipulations relating to the proper operation and maintenance of the facilities, the administration of the income and revenues, the expenditure of the bond proceeds, and, without limitation, all other matters affecting the security of the bonds and the bondholders, which the board deems necessary.
Source: SL 2009, ch 31, § 2.
7-33-9. Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds.
If revenue bonds are issued pursuant to § 7-33-7, the board of county commissioners is obligated, until all the bonds and interest thereon are fully paid, to:
(1) Fix such rates and charges and to revise them from time to time in such manner that the collections thereof will be adequate to pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds; and
(2) Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds and to accumulate and maintain reserves for the further security of the bonds in such amounts as may be agreed in the resolutions authorizing the bonds.
Source: SL 2009, ch 31, § 3.