9-6-5. Referee to determine facts on petition for dissolution--Report of referee.
If upon such hearing it appears to the satisfaction of the court that the interests of such municipality and of its property owners and taxpayers require that the municipality be dissolved, the court shall appoint a referee to make an enumeration of its population and to examine the records of such municipality and of the county in which the same is situated, to ascertain whether such petition has been executed by persons owning more than one-half of the real property within such corporation, both in area and assessed valuation.
The court may also refer to such referee any other question in controversy which may arise upon the petition and objections thereto.
Such referee shall with all convenient speed make his report to the court of all matters referred to him, and upon the filing of such report and upon not less than six days' notice to the municipality, the court shall consider the report of the referee.
Source: SL 1903, ch 91, §3; RC 1919, §6568; SDC 1939, §45.3004.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 06 - Dissolution Of Municipalities
Section 9-6-1 - Landowners' petition to circuit court for dissolution by decree.
Section 9-6-2 - Contents of petition for dissolution by decree--Verification and filing.
Section 9-6-3 - Show cause order to municipality on petition for dissolution--Service.
Section 9-6-4 - Objections to petition for dissolution--Taking of evidence.
Section 9-6-5 - Referee to determine facts on petition for dissolution--Report of referee.
Section 9-6-6 - Decree of dissolution of municipality.
Section 9-6-7 - Judgment record in proceedings for dissolution.
Section 9-6-8 - Filing and recording of decree of dissolution--Cessation of municipal existence.
Section 9-6-10 - Application for dissolution by election--Ballot form and conduct of election.
Section 9-6-11 - Waiting period after rejection of dissolution by voters.