October 16, 2024

TOWNSHIP LAWS

Codified Law 8 | South Dakota Legislature (sdlegislature.gov)

The link to the specific law is found by clicking the number presiding the title of the law.


TITLE 8

 

TOWNSHIPS
Chapter

01.     Establishment, Division, Organization And Disorganization Of Townships
02.     Powers And Obligations Of Organized Townships
03.     Township Meetings And Elections
04.     Township Officers
05.     Township Board Of Supervisors
06.     Township Clerk
07.     Township Treasurer
08.     Township Constable
09.     Township Contracts And Purchases
10.     Township Fiscal Affairs
11.     Township Bonds


CHAPTER 8-2
POWERS AND OBLIGATIONS OF ORGANIZED TOWNSHIPS

8-2-1      General corporate and regulatory powers.
8-2-2      Transactions and conveyances in township name.
8-2-3      Proceedings by and against township in township name.
8-2-4      Repealed.
8-2-5      Repealed.
8-2-6      Township public library services.
8-2-7      Liability insurance purchased by township.
8-2-8      Regulatory powers of township containing unincorporated town.
8-2-9      Regulatory powers of township adjacent to large municipality–Subordination to powers of county or municipality.
8-2-10      Powers restricted to those expressly granted.
8-2-11      Publication of township bylaws and changes–Effect.
8-2-12      Remedies for trespass on township lands.
8-2-13      Repealed.
8-2-14      Deferred compensation program for volunteer firefighters–Establishment and management–Participation optional.
8-2-14.1      Deferred compensation program for volunteer advanced life support personnel.
8-2-15      Regulation and maintenance of abandoned cemeteries.
8-2-16      Enrollment in group health, life, and disability income insurance plans–Premiums.


CHAPTER 8-3

TOWNSHIP MEETINGS AND ELECTIONS

8-3-1    Time and place of annual meeting–Publication of notice.

8-3-1.1    Authority to require nominating petition.

8-3-1.2    Filing nominating petition–Contents–Circulation prior to meeting.

8-3-1.3    Publication of election notice.

8-3-1.4    Notice in township of twenty or fewer resident voters.

8-3-2    Powers of voters at annual meeting.

8-3-3    Special meetings of township electors–Statement calling meeting.

8-3-4    Recording and publication of notice of special meeting–Exception.

8-3-5    Contents of notice of special meeting–Business restricted to stated purposes.

8-3-6    Organization and officers of township meeting.

8-3-7    Township meeting–Voter qualifications–Registration and residence.

8-3-8    Unlawful voting at meeting as misdemeanor.

8-3-9    Township election–Challenge to voter qualification–Affidavit–Violation.

8-3-10    Order of business at meeting–Procedural rules.

8-3-11    Filing of minutes of meeting.

8-3-12    Supervisor elected at annual meeting–Representation of county seat town.

8-3-13    Additional officers elected at annual meeting–Term of constable.

8-3-13.1    Offices of the clerk and treasurer combined–Nomination and election–Powers and responsibilities.

8-3-14    Proclamation of opening of polls, adjournment and closing of polls.

8-3-15    Method of electing officers.

8-3-16    Conduct of voting by ballot.

8-3-17    Canvass and return of voting by ballot.

8-3-17.1    Absentee voting.

8-3-18    Notice to persons elected to township office.

8-3-19    Special meeting called by resident voters after failure to elect officers at annual meeting.

8-3-20    Appointment of officers by county commissioners after failure of township to elect.

8-3-21    Option to adopt campaign finance law.


CHAPTER 8-4
TOWNSHIP OFFICERS

8-4-1      Eligibility to township office.
8-4-2      Repealed.
8-4-3      Oath of office of township officers.
8-4-4      Clerk to require elected officers to qualify–Refusal or neglect as petty offense.
8-4-5      Failure to file oath or bond as refusal of office.
8-4-6      Forfeiture for entry on office without taking oath.
8-4-7      Term of office of officers.
8-4-8      Salary and compensation of clerk, treasurer, and supervisors.
8-4-9      Repealed.
8-4-10      Acceptance and notice of resignation by township officer.
8-4-11      Filling of vacancy in township office.
8-4-12      Vacancy in board filling vacancies.


CHAPTER 8-5
TOWNSHIP BOARD OF SUPERVISORS

8-5-1      Time and place of regular meetings.
8-5-2      Business at board meetings–Special meetings–Filing of business with clerk.
8-5-3      Quorum at meetings of board.
8-5-4      General powers of board–Orders for disbursement of funds.
8-5-5      Prosecution of actions for benefit of township–Trespass on township property.
8-5-6      Equalization of township assessments.
8-5-7      Repealed.
8-5-8      Appeals from board of supervisors–Time of taking–Service and filing of notice.
8-5-9      Transcript filed by board on appeals–Settlement and framing of issues.
8-5-10      Hearing de novo on appeals–Judgment and order of circuit court.
8-5-11      Appeals to Supreme Court.
8-5-12      Appeal cumulative to other remedies.
8-5-13      Firearms regulation prohibited–Action by attorney general.
8-5-14      Supervisor names and phone numbers to be posted on township website.


CHAPTER 8-6
TOWNSHIP CLERK

8-6-1      Bond required of clerk.
8-6-2      Appointment of deputy clerk–Oath of office.
8-6-3      Minutes of township meetings–Orders, rules, and regulations and accounts–Preservation–Destruction.
8-6-4      Record of proceedings of supervisors–Preservation–Destruction.
8-6-5      Custody, preservation, and destruction of township records.
8-6-6      Oaths administered and acknowledgments taken by clerk.
8-6-7      Filing annual fiscal report.
8-6-8      Filing record of notice of injury.


CHAPTER 8-7
TOWNSHIP TREASURER

8-7-1      Bond required of treasurer.
8-7-2      Custody of township money–Accounting.
8-7-3      Forfeiture of costs and expenses for failure to comply with law.


CHAPTER 8-8
(REPEALED)

CHAPTER 8-9
TOWNSHIP CONTRACTS AND PURCHASES

 

8-9-1      Contracts unlawful unless made at board meeting.
8-9-2      Contract with township officer void–Removal from office.
8-9-3      Purchase, lease, or lease purchase of equipment–Approval of voters.
8-9-4      Fire protection contracts–Maximum term–Cost negotiated–Estimated costs–Amount of contract.
8-9-5      Repealed.
8-9-6      Nonprofit fire protection corporation or association defined.
8-9-7      Ambulance service contracts authorized–Maximum term and expenditures.


CHAPTER 8-10
TOWNSHIP FISCAL AFFAIRS

8-10-1      Property tax levy.
8-10-2      Notice to county auditor of township tax levy–Entry on tax list.
8-10-3      Township funds remitted by county treasurer.
8-10-4      Repealed.
8-10-5      Selection of township depository–Exoneration of treasurer for losses in deposited funds.
8-10-6      Purposes for which township funds expended.
8-10-7      Expenditures exceeding maximum tax levy unlawful–Contracts void–Liability of officer authorizing contract–Recording of dissent.
8-10-8      Township expenditures limited by annual tax levy.
8-10-9      Proration of appropriations for more than one year.
8-10-10      Verified statement required for claim against township–False verification as perjury.
8-10-11      Officer before whom verification made–Personal representatives not required to verify.
8-10-12      Examination and allowance of verified claims by township board.
8-10-13      Verification not required for salaries and jurors’ and witnesses’ claims.
8-10-14      Allowance of claim without verification as misdemeanor.
8-10-15      Auditing of accounts payable–Clerk of the township replacing absent supervisor.
8-10-16      Time of meetings for allowance of accounts–Statement of amount allowed.
8-10-17      Warrants for accounts allowed.
8-10-18      Endorsement of warrant for payment by depository.
8-10-19      Register of warrants not paid on presentation–Data entered.
8-10-20      Warrants paid in order of presentation–Endorsement of warrants not paid–Interest rate.
8-10-21      Call of registered warrants for payment–Termination of interest.
8-10-22      Tax levy for annual payment of interest on warrants.
8-10-23      Call of warrants for annual payment of interest.
8-10-24      Loss of priority by failure to present warrant for annual interest.
8-10-25      Endorsement of interest payments on warrant–Priority preserved though interest not paid.
8-10-26      Township exempt from execution–Payment of judgment by treasurer–Tax levy for payment of judgment.
8-10-27      Accounts maintained by treasurer–Exhibition to township board.
8-10-28      Examination by board of accounts of treasurer and officers handling money.
8-10-29      Report of fiscal affairs by board–Reading and publication of report.
8-10-30      Treasurer’s annual financial statement–Contents–Filing.
8-10-31      Forfeiture by treasurer for neglect of duty.
8-10-32      Township authorized to enter lease-purchase agreement to lease real or personal property.


CHAPTER 8-11
TOWNSHIP BONDS

8-11-1, 8-11-2. Repealed.
8-11-3      Authorization, issuance and sale–Vote required.
8-11-4      Refunding bonds issued on judgment against township–Compromise with judgment creditor.
8-11-5, 8-11-6. Repealed.
8-11-7      Tax levy for retirement of bonds–Special fund.
8-11-8      Investment of township debt service funds–Tax levy for bonds in debt service fund.
8-11-9 to 8-11-14. Repealed.