9-3-1.1. Minimum distance from existing municipality--Exceptions.
A municipality may not be incorporated if any part of such proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any incorporated municipality, unless the incorporated municipality refuses or fails to annex a territory which is contiguous to said incorporated municipality, and said contiguous territory has properly petitioned said municipality to be annexed thereto, as provided by §9-4-1. However, a proposed municipality may be incorporated that is within three miles of an incorporated municipality if the territory to be incorporated is in a different county and has a post office prior to incorporation.
Source: SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, §2.
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.