The Legislature finds that in making past grants of decision-making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, are subject to the initiative and referendum process. Therefore, the contrary holding in Baker v. Jackson, 372 NW2d 142 (SD, July 31, 1985) is hereby abrogated.
S.D. Codified Laws § 9-20-18
Legislative finding--Actions of municipal governing boards subject to referendum
Applied in 6 court decisions — leading case Vitek v. Bon Homme County Board of Commissioners (2002)
Most recently applied in Anderson v. City of Tea (December 2006)
Source: SL 1986, ch 73, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.