The governing body may by ordinance require as a condition precedent to the introduction of any ordinance proposing changes in the zoning ordinance that there be first filed with the city auditor, finance officer, or clerk the written consent of the owners of not exceeding sixty percent of the aggregate area having the right of protest against such proposed ordinance if adopted, determined as provided by § 11-4-5.
S.D. Codified Laws § 11-4-9
Requiring consent of landowners to change in zoning ordinance
Applied in 1 court decision — leading case Cary v. City of Rapid City (1997)
Most recently applied in Cary v. City of Rapid City (February 1997)
Source: SDC 1939, § 45.2605 as added by SL 1941, ch 201; SL 2000, ch 69, § 58.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.