9-4-14. Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.
If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of §9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality annexes such airport, the municipality may exercise extraterritorial jurisdiction pursuant to chapter 11-6, but only to the extent of one and one-quarter miles of the exterior boundary of the airport property. Such one and one-quarter mile extraterritorial jurisdiction supercedes the three-mile extraterritorial jurisdiction of any other municipality or jurisdiction of any other governmental entity, except as provided in Title 50.
Such one and one-quarter mile extraterritorial jurisdiction does not include property located within the corporate limits of another municipality. However, the latter municipality may not allow any airport hazards as defined in Title 50 in its corporate limits within the one and one-quarter mile extraterritorial jurisdiction around the airport property.
Source: SL 2003, ch 42, §3.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 04 - Change Of Municipal Boundaries
Section 9-4-1 - Annexation of territory on petition by voters and landowners.
Section 9-4-4.1 - Study required before annexation without petition.
Section 9-4-4.2 - Resolution of intent to annex--Contents for large municipalities.
Section 9-4-4.3 - Notice of hearing on resolution to landowners and county auditor--Adoption.
Section 9-4-4.5 - Petition for submission of annexation resolution to voters.
Section 9-4-4.6 - Contents of referendum petition--Signatures--Verification.
Section 9-4-4.7 - Time of election on annexation--Referendum provisions applicable.
Section 9-4-4.8 - Special precinct for area to be annexed--Registration lists.
Section 9-4-4.9 - Vote required to approve annexation--Effective date.
Section 9-4-4.10 - Proceedings to enforce terms of resolution of annexation or resolution of intent.
Section 9-4-4.11 - Resolution of intent to annex--Contents for small municipalities.
Section 9-4-5 - Annexation of unplatted territory subject to approval by county commissioners.
Section 9-4-6 - Exclusion of territory from municipality on petition or by vote of governing body.
Section 9-4-7 - Publication of petition for exclusion of territory.
Section 9-4-9 - Service of notice of petition to circuit court--Hearing at term or in vacation.
Section 9-4-10 - Court order for exclusion of territory--Dismissal of petition.
Section 9-4-11 - Recording of resolution or decree changing municipal boundaries--Effective date.
Section 9-4-12 - Annexation of territory near municipal airport prohibited--Exception.