ENTITLED An Act to modify requirements for incorporating municipalities that are within three miles of another incorporated municipality.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That   9-3-1.1 be AMENDED:
9-3-1.1. A municipality may not be incorporated if any part of the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any incorporated municipality, unless:
(1) The incorporated municipality refuses or fails to annex a territory that is contiguous to the incorporated municipality, and the contiguous territory has properly petitioned the municipality to be annexed thereto, as provided by   9-4-1; or
(2) The territory to be incorporated has a post office and:
(a) Is in a different county than the incorporated municipality; or
(b) The incorporated municipality has a population of less than five thousand.
An Act to modify requirements for incorporating municipalities that are within three miles of another incorporated municipality.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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