31-12A-1.2. Eligible voter and landowner defined.
As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent election of a road district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing road district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by §29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. However, if more than one person holds an interest in a lot, tract, or parcel of land, no more than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.
As used in this chapter, the term, landowner, means any owner of land other than a governmental entity, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing road district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, the individual purchaser of the land, as named in the contract for deed, is treated as the landowner.
Source: SL 2014, ch 46, §5.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 12A - County Road Districts
Section 31-12A-1 - Incorporation of road district.
Section 31-12A-1.1 - Formation--Election--Qualification.
Section 31-12A-1.2 - Eligible voter and landowner defined.
Section 31-12A-2 - Application for organization of road district--Verified survey and map required.
Section 31-12A-3 - Filing of petition--Contents.
Section 31-12A-4 - Public examination of survey, map, and petition.
Section 31-12A-5.2 - Transfer of jurisdiction over public highway to road district prohibited.
Section 31-12A-6 - Order declaring territory incorporated--Name of district--Election.
Section 31-12A-11 - Order of incorporation--Order as conclusive of fact of incorporation.
Section 31-12A-12 - District as governmental subdivision and public body.
Section 31-12A-15 - Annual election of officers--Time and place--Conduct.
Section 31-12A-15.1 - Notice of meeting and election--Contents--Notice upon vacancy.
Section 31-12A-16 - Election of trustees at large--Terms of office--Annual elections.
Section 31-12A-17 - Nominations for trustee--Certificates of nomination.
Section 31-12A-18 - Trustees not compensated--Election of president.
Section 31-12A-19 - Rules and regulations of trustees--Meetings--Quorum.
Section 31-12A-20 - Record of proceedings required of trustees.
Section 31-12A-20.1 - Sanitary district assuming road district powers.
Section 31-12A-21 - Powers of trustees.
Section 31-12A-22 - Power of trustees to pass and enforce ordinances and regulations.
Section 31-12A-26 - Road work projects outside district's area.
Section 31-12A-27 - Dissolution of road district by petition of voters--Procedure.
Section 31-12A-28 - Dissolution of road district by trustees.
Section 31-12A-30 - Proposed consolidation submitted to eligible voters at special election.
Section 31-12A-31 - Resolution declaring consolidated road district.
Section 31-12A-32 - Consolidated board of trustees.
Section 31-12A-34 - Consolidated road district authorized to contract for property.
Section 31-12A-35 - Directors authorized to adjust boundaries of district--Limitations.