South Dakota Codified Laws
Chapter 03 - Division Of Counties
Section 7-3-5 - Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 7 - Counties

Chapter 03 - Division Of Counties

Section 7-3-1 - Petition for division of county--Contents and filing--Minimum size of new county.

Section 7-3-2 - Voters' approval of division--Name and organization of new county.

Section 7-3-3 - Revision of commissioner districts after division of county.

Section 7-3-4 - Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county.

Section 7-3-5 - Apportionment of floating or warrant indebtedness on division of county--Bond issue by new county to cover proportionate share.

Section 7-3-6 - Sale of county bonds based on advertising and award before division.

Section 7-3-7 - Inventory and apportionment of assets and liabilities by auditor-general.

Section 7-3-8 - Auditor-general's report filed with county auditors--Conclusive evidence.

Section 7-3-9 - County action to set aside auditor-general's report--Time for filing--Estimate and appraisement as prima facie evidence.

Section 7-3-10 - Auditor-general's apportionment final if no action brought.

Section 7-3-11 - Warrants issued for settlement of accounts between counties.

Section 7-3-12 - Expenses of auditor-general--Apportionment and payment by counties.

Section 7-3-13 - Transfer of books, records, and files relating exclusively to new county.

Section 7-3-17 - Transcript of records obtained by new county--Evidentiary value.

Section 7-3-18 - Contract for transcription of records for new county--Certification of instruments transcribed.

Section 7-3-20 - Affidavit as to transcription of all records.

Section 7-3-21 - County commissioners' certificate of completion of transcriptions--Recording of instruments before certificate filed.

Section 7-3-22 - County commissioners' discretion in transcription of records.