9-3-5. Voters' petition as application for incorporation--Number of signers required--Contents of petition--Presentation to county commissioners.
The application for incorporation of a proposed municipality shall be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the proposed municipality, the boundaries and area according to the survey, and the legal resident population according to the census taken. The application shall be presented at the time indicated in the notice of the application or as soon thereafter as the board of county commissioners can receive and consider the application.
Source: SDC 1939, §45.0304; SL 1987, ch 67, §20; SL 1999, ch 37, §2; SL 2016, ch 48, §6.
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.