9-3-1. Minimum population of municipalities.
A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety days of the three hundred sixty-five days immediately preceding the filing of the petition or is an active duty member of the armed forces whose home of record is within the proposed municipality.
Source: PolC 1877, ch 24, §2; CL 1887, §1023; RPolC 1903, §1418; SL 1909, ch 73; RC 1919, §6172; SDC 1939, §45.0302; SL 2016, ch 48, §1.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 03 - Incorporation Of Municipalities
Section 9-3-1 - Minimum population of municipalities.
Section 9-3-1.1 - Minimum distance from existing municipality--Exceptions.
Section 9-3-2 - Survey and map showing proposed municipal boundaries--Affidavit of surveyor.
Section 9-3-3 - Census of proposed municipality--Contents--Verification.
Section 9-3-4 - Survey, map, and census available for public inspection.
Section 9-3-6 - County commissioners' order to incorporate municipality--Name--Date for election.
Section 9-3-10 - Balloting on question of incorporation--Majority required for incorporation.
Section 9-3-11 - Canvass and return of votes to county commissioners.
Section 9-3-12 - County commissioners' order declaring municipality incorporated--Conclusive effect.
Section 9-3-13 - Adjustment of claims and accounts between municipality and civil township.
Section 9-3-17 - Term of office for elected officials.
Section 9-3-19 - Recording by county auditor of certificate of election.
Section 9-3-20 - Regularity of incorporation questioned only by state.
Section 9-3-21 - Validation of prior incorporation of municipalities.
Section 9-3-22 - Municipality for historical or educational purposes authorized--Recording of plat.
Section 9-3-23 - Name of historical or educational municipality.
Section 9-3-24 - Exemption of historical or educational municipality from usual requirements.
Section 9-3-25 - Governing board of historical or educational municipality--Rules and regulations.
Section 9-3-26 - Historical or educational municipality--Public funds.
Section 9-3-27 - Exemption of historical or educational municipality from public control.
Section 9-3-29 - Dissolution of municipal corporation by Department of Transportation or county.