South Dakota Codified Laws
Chapter 04 - Change Of Municipal Boundaries
Section 9-4-4.2 - Resolution of intent to annex--Contents for large municipalities.

9-4-4.2. Resolution of intent to annex--Contents for large municipalities.
Based on the study provided for in §9-4-4.1, the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of one thousand or more as determined in the last federal census, shall contain the following:
(1)The description and boundaries of the territory to be annexed;
(2)That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;
(3)That municipal utilities and a major street network are considered in terms of the proposed boundary extension and that there is a definite timetable upon which municipal service will be extended into the contiguous territory;
(4)The approximate cost of the extended service to the residents of the contiguous territory and the municipality;
(5)The estimated difference in tax assessment rate for the residents in the contiguous territory;
(6)That exclusions and irregularities in boundary lines are not the result of arbitrariness;
(7)That there is reasonable present or demonstrable future need for annexing the contiguous territory; and
(8)That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.

Source: PolC 1877, ch 24, §48; CL 1887, §1073; RPolC 1903, §§1378, 1379, 1462; RC 1919, §6560; SDC 1939, §45.2906; SL 1955, ch 215, §1; SDCL, §§9-4-2, 9-4-3; SL 1979, ch 47, §2; SL 1984, ch 52, §1; SL 1988, ch 74, §1.

Structure South Dakota Codified Laws

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 9-4-1.1 - Municipalities authorized to enter into annexation and development agreements with 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 9-4-4.4 - Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.

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 9-4-8 - Petition to circuit court for exclusion of territory after refusal by governing body.

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.

Section 9-4-14 - Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.