Repealed in 1998.
SDCL 31-12A-7 provides the procedural rules for notifying landowners of an upcoming election to form a road district. This statute is the “due process” link between the county commission’s order for an election (SDCL 31-12A-6) and the actual vote by the residents.
1. Statutory Repeal and Consolidation
It is important to note that the original versions of SDCL 31-12A-7 through 31-12A-9 were repealed by the South Dakota Legislature in 1998. The notification and election procedures for special districts, including road districts, were largely consolidated to ensure consistency across different types of local government entities.
Current procedures for notice are now guided by the general provisions of SDCL Chapter 6-16 (Special District Formation) in conjunction with remaining road district statutes.
2. Mandatory Notice Requirements
When a county commission orders an election to form a road district, the notice must meet specific criteria to be legally valid:
- Publication: The notice of the election must be published in the district’s official legal newspaper.
- Content: The notice must clearly state:
- The date and time of the election.
- The location of the polling place.
- A description of the territory proposed to be included in the district (matching the survey from SDCL 31-12A-2).
- The proposed name of the district.
- Timing: Public notice must typically be given at least once a week for two consecutive weeks, with the last publication occurring at least ten days prior to the election.
3. Legal Consequences of Improper Notice
Failure to follow the exact notice requirements of the current statutory framework can lead to the following:
- Voided Elections: If a landowner can prove they were not properly notified via the legal newspaper, the entire election results can be challenged in Circuit Court and declared null and void.
- Lack of Jurisdiction: Proper notice is what gives the county jurisdiction to hold the election. Without it, the “new” board of trustees has no legal authority to levy taxes or enter into road maintenance contracts.
4. Application to the “Withdrawal” Strategy
In the context of the “Withdrawal and Formation” rule (AG Opinion 82-55 and 2024-04), the notice of election is a critical defense for the petitioners:
- Transparency: The notice must accurately reflect the boundaries. If you are using the “Concurrent Action” strategy to break away from an old district, the notice of election serves as the public’s official warning that the territory is being reorganized into a new entity.
- Preventing Challenges: Clear, legally compliant notice makes it much harder for a “closed loop” board or a hostile State’s Attorney to claim that landowners were misled or that the overlap was hidden.
Summary for 2026: While the specific text of 31-12A-7 has been repealed and replaced by broader special district laws, the requirement for strict, transparent notice remains. For a successful breakaway, petitioners must ensure the county auditor and commission follow the modern notice-of-election standards to the letter to prevent the results from being overturned.