The Law

Our Mission   |  Who Are We?   |  "City " Map  |  Demographics  |  The LawEvents Home Rule Charter  |  Advantages  |  Details  | Quit  | Update

SDCL 9-3:  Municipality Incorporation

Following are the South Dakota Codified Laws.  SDL 9-3-1 thrugh 9-3-12 are to be strictly adhered to in the proposal to form the municipality.  Once accepted by the County Commissions of Brookings and Hamlin Counties, SDCL 9-3-13 through 9-3-27 go into effect and govern the procedure for setting up the government under the municipality laws.  Following are the sections which we are following up to the submission of the application to the Commissioners.

9-3-1.    Minimum population.
                  *100 legal residents and 30 registered voters.
9-3-1.1. Minimum distance from existing municipalities.
                  *Must be at least 3 miles away.
9-3-2.    Survey & map showing proposed municipality boundaries.
                  *Boundary survey, map and affidavit declaring authenticity.
9-3-3.  Census of territory to be incorporation.
                  *Accurate census of head of family, number, names & ages of minors.
9-3-4.  Survey, map and census available for public inspection.
                  *To be left at 10 public places within proposed boundary for 30 days.
9-3-5.  Voters' petition as application for incorporation.
                  *No less than 15% of registered voters within proposed boundary.
9-3-6.  County Commissioners' order to incorporate municipality.
                  *Notice of meeting of voters.
9-3-7.  Publication and posting of notice of voters' meeting.
                  *10 days notice and posted in 10 most public places and in papers.
9-3-8.  Hours of voting on incorporation of municipality determined.
9-3-9.  Inspectors and clerk assigned at voters' meeting to consider incorporation.
9-3-10. Balloting on questions of incorportion.
                    *50% + 1 required to pass.  Nominated trustees voted in by plurality.
9-3-11. Canvass and return of votes to County Commissioners.
9-3-12. County commissioners declare municipality incorporated.
    NOTE:  If you wish to view the total SDCL on municipality incorporation or municipality government after incorporation, click on this address:
http://www.state.sd.us/state/legis/lrc.htm
and scroll to South Dakota Codified Laws

Back