South Dakota Codified Laws
Chapter 03 - Incorporation Of Municipalities
Section 9-3-28 - Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.

9-3-28. Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.
A municipality incorporated pursuant to §9-3-22 shall exist so long as the corporation maintains all lands, buildings, fences, fixtures, billboards, signs, and other improvements in good condition and repair, and is actively operating for the purposes for which it is incorporated, or until the corporation is dissolved in accordance with law. The municipality shall possess and maintain its historical or educational integrity of design, materials, and workmanship of the sites, buildings, structures, and objects that are located within the platted municipal corporation, including advertising and promotional signs. The municipality shall lose its historical or educational municipality designation if more than one-fourth of such properties possess any of the following conditions:
(1)Loss or disintegration of the roof or roofing materials;
(2)Loss of windows;
(3)Deterioration or missing siding material;
(4)Unstable foundations;
(5)Leaning severely from plumb; and
(6)Billboards or signs identifying, promoting, or advertising the municipality no longer conform to the requirements of chapter 31-29.
However, for the purposes of subdivision (6), the twelve continuous months required for determining a sign is abandoned does not apply.

Source: SL 2001, ch 41, §1.

Structure South Dakota Codified Laws

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 9-3-5 - Voters' petition as application for incorporation--Number of signers required--Contents of petition--Presentation to county commissioners.

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 9-3-14 - Recording and filing of canvass of votes on incorporation--Registry maintained by secretary of state.

Section 9-3-17 - Term of office for elected officials.

Section 9-3-18 - Election by plurality at first election--Tie vote--Certificate as to persons elected.

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 9-3-28 - Duration of historical or educational municipality--Active operation--Maintenance of property--Loss of designation.

Section 9-3-29 - Dissolution of municipal corporation by Department of Transportation or county.