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S.D. Codified Laws § 9-3-10

Balloting--Majority required for incorporation--Name of municipality

Applied in 1 court decision — leading case Kraft v. Meade County Ex Rel. Board of County Commissioners (2006)

Most recently applied in Kraft v. Meade County Ex Rel. Board of County Commissioners (December 2006)

Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6179; SDC 1939, § 45.0309; SL 2006, ch 29, § 4; SL 2024, ch 28, § 25.

The vote upon the question of incorporation of a proposed municipality must be by ballot that conforms to a ballot for a statewide question, except that the statement required to be printed on the ballot must be prepared by the state's attorney.

If a majority of the qualified voters, who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality and are registered voters in this state, vote in favor of the incorporation, the proposed municipality is incorporated by the name and style specified in the application for incorporation.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.