9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body.
Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§9-4-6 and 9-4-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts.
Source: SL 1887, ch 104, §4; CL 1887, §1117; RPolC 1903, §1511; RC 1919, §6557; SDC 1939, §45.2903.
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.