Concerning South Dakota road districts- if a person resigns from the board, I know the position is to be filled by appointment by the remaining trustees, but can there be an ‘election’ ? Road districts are supposed to have their annual trustee election the first Tuesday in May. If somebody resigns in January, is there…
OFFICIAL OPINION No. 24-04 Concerning the Formation of Overlapping Road Districts QUESTIONS: ANSWERS: SDRD Site– The Attorney General states a property cannot be in two separate road districts at one time. This makes sense for the reason he states in this official opinion. If you wish to start a new road district and your property…
OFFICIAL OPINION No. 23-03 Concerning Voting in Road District Elections QUESTIONS: 1.) If a landowner owns more than one lot, tract, or parcel of land within a road district, is that landowner entitled to only one vote in road district elections? 2.) Is absentee voting allowed in road district elections? ANSWERS: 1.) An owner…
OFFICIAL OPINION NO. 14-01 Absentee voting period for municipal elections. “…statutory construction dictate[s] that ‘statutes of specific application take precedence over statutes of general application’” This is key to understanding many other seemingly conflicting laws.
OFFICIAL OPINION NO. 89-08, Open Meeting Law Except as otherwise provided by law, the official meetings of the state and the political subdivisions thereof, including all related boards, commissions and other agencies, and the official meetings of boards, commissions and agencies created by statute or which are nontaxpaying and derive a source of revenue directly…
OFFICIAL OPINION NO. 07-01, Ability of a Board of County Commissioners to Maintain or Repair Roads within an Unorganized Township The South Dakota Supreme Court has stated that “no standards for road repair and maintenance exist” in South Dakota law. Krier v. Dell Rapids Township, 2006 S.D. 10, ¶ 17, 709 N.W.2d 841, 845 (citing Willoughby…
