OFFICIAL OPINION No. 24-04 Concerning the Formation of Overlapping Road Districts
QUESTIONS:
- Does State law allow for the formation of a road district that includes within its boundaries real property already included within the boundaries of another road district?
- Does a Board of County Commissioners have the authority to deny formation of a proposed road district?
ANSWERS:
- No, State law does not allow for the formation of a road district that includes territory within its boundaries that is already included within the boundaries of another road district.
- No, the Board of County Commissioners has no discretion to deny the formation of a road district if the provisions of SDCL ch. 31-12A have been complied with.
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 If you wish to start a new road district and your property is in one now, it must be withdrawn in any number of ways, in order to do so. A property can be withdrawn by referendum or by petition through the road district it is currently a part of, or it can withdraw itself at the same time it petitions to start the new road district. This information has been extrapolated from previously published Attorney General Official Opinions, such as Official Opinion No. 82-55 . While some County Commissioners would assume the area is withdrawing in order to form the new Road District, some may not. You might need to add that verbiage into the petition in order to make that clear.