South Dakota Codified Laws
Chapter 06 - School District Reorganization
Section 13-6-86 - Contents of resolution for boundary change.

13-6-86. Contents of resolution for boundary change.
A resolution for a proposed boundary change includes the following information based on the final plan for detachment and annexation:
(1)The names of the school districts involved and the legal description of the area proposed for detachment and annexation;
(2)A map of the area proposed for detachment and annexation, including a portion or all of the district from which the area is to be detached and the district to which the area is to be annexed;
(3)A statement certified by the county auditor setting forth the amount of the assessed valuation of the area to be detached, the amount of the assessed valuation of the area to be annexed, the total assessed valuation of the school district from which the area is proposed to be detached, and the amount of any bonded indebtedness or judgments against the school district;
(4)Unless waived by the boards of both school districts, as provided for in §13-6-84.2, an appraisal completed by a certified appraiser that shows the fair market value of the land proposed to be detached and annexed. The appraisal shall be completed by a certified appraiser approved by the school board of each involved school district, and each involved school district shall pay one-half of the cost of the appraisal. If an involved school district does not agree with the appraisal, the school district may, within thirty days of receipt of the appraisal and at its own expense, request another appraisal from a different certified appraiser. The appraisal shall include the potential fair market value of the land to be detached and annexed as if the land was fully developed as determined by consideration of the current zoning, the nearest municipality's proposed zoning for the next ten years, and the nearest municipality's comprehensive plan; and
(5)The ownership interests in the land.

Source: SDCL §13-6-86 as enacted by SL 1973, ch 85, §37; SL 1979, ch 112, §5; SL 2015, ch 83, §3; SL 2016, ch 82, §7; SL 2020, ch 68, § 2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 13 - Education

Chapter 06 - School District Reorganization

Section 13-6-1 - Definition of terms.

Section 13-6-1.1 - Validation of past reorganization proceedings--Disputed proceedings excepted.

Section 13-6-2 - Legislative policy.

Section 13-6-3.2 - Record of proceedings kept by county commissioners--Plats transmitted to secretary.

Section 13-6-3.3 - Public officials to make available information from public records.

Section 13-6-4 - Requirements for school district reorganization.

Section 13-6-7 - Municipality to be all in same district--Exception.

Section 13-6-9.2 - County commissioners as school board for district unable to furnish own board--Power to finance and operate school program.

Section 13-6-10 - Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters.

Section 13-6-13 - Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.

Section 13-6-13.1 - Former school district representation areas for consolidated districts--Establishment--Election of board members.

Section 13-6-13.2 - Rejection of request to transfer not actionable.

Section 13-6-17 - Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan.

Section 13-6-18 - Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan.

Section 13-6-18.1 - Boundary changes--When allowed.

Section 13-6-30 - Annexed territory to remain with original school district--Exception.

Section 13-6-41 - Special election called on state approval of plan--Eligibility to vote.

Section 13-6-41.1 - Election on dissolution of district restricted to dissolving district--Resolution of annexing district.

Section 13-6-41.2 - Date of election.

Section 13-6-41.3 - Notice of election--Contents--Costs of election.

Section 13-6-43 - Ballot form for election on reorganization.

Section 13-6-44 - General election law applicable to reorganization elections.

Section 13-6-45 - Certification and canvass of votes--Results transmitted to secretary.

Section 13-6-47 - Vote required to approve reorganization plan.

Section 13-6-48 - Secretary's notice of election results--Order effecting plan--Contents.

Section 13-6-48.1 - Distribution of copies of reorganization order.

Section 13-6-48.2 - Correction of county boundary records to show reorganization--Notice to secretary.

Section 13-6-53 - Joint exercise of county powers in reorganization of joint districts.

Section 13-6-59 - Joint district controlled by county with majority of children.

Section 13-6-61 - Operative date of reorganization--Participation in elections before operative date.

Section 13-6-61.1 - Operative date when reorganization consists solely of dissolution of school district.

Section 13-6-62 - Election of board for new district--Notices and declarations of candidacy--Costs.

Section 13-6-63 - Election and terms of members of new board--Residence requirements.

Section 13-6-64 - Assumption of office, organization and contracts made before new district operational--Continued operation of old boards.

Section 13-6-66 - Effective date of change of boundaries by creation of new district.

Section 13-6-67 - Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers.

Section 13-6-75 - Filling of vacancies on school board created by transfer of territory to another district.

Section 13-6-77 - Valuation by county commissioners of school property and debt--Adjustments--Joint county action.

Section 13-6-78 - Transfer of assets and liabilities on reorganization--Copy of directive to secretary.

Section 13-6-81 - Tax to discharge liabilities of district dissolved in reorganization--Tax limitation--Bond issue.

Section 13-6-83 - Disposition of records of district dissolved by reorganization.

Section 13-6-84 - Board proposal for boundary change and land exchange.

Section 13-6-84.1 - Criteria for boundary change or land exchange.

Section 13-6-84.2 - Procedure for land exchange.

Section 13-6-84.3 - Submission of question by school board when requested by five percent of votes--Majority vote--Submission to county commissioners upon passage.

Section 13-6-84.4 - Authority to reorganize pursuant to §§ 13-6-10, 13-6-13, and 13-6-18 unaffected.

Section 13-6-85.2 - Amendment, addition, or deletion of information--Time limits.

Section 13-6-85.3 - Moratorium on minor boundary changes.

Section 13-6-85.4 - Petition to transfer land on closing of rural attendance center.

Section 13-6-86 - Contents of resolution for boundary change.

Section 13-6-87 - Order of county commissioners approving or making boundary change--Distribution of copies.

Section 13-6-88 - Adjustment of assets and liabilities on boundary change.

Section 13-6-97 - Required reorganization of school district with low enrollment--Exceptions .

Section 13-6-99 - School district created by reorganization to consist of adjoining territory--Exemption.