When you look at the governing laws of South Dakota, every chapter has a beginning. For county road districts, that beginning is SDCL 31-12A-1. While it is a short statute, it sets the entire legal stage for how, where, and why a district can exist.
The Statutory Language
The law states:
“Any area outside the boundary of a municipality, which is situated so that the construction or maintenance of roads becomes desirable, may be incorporated as a road district pursuant to this chapter.”
The Legislative Intent: Filling the “Service Gap”
The primary intent behind this statute is to address the “Service Gap” in rural and unincorporated South Dakota.
In our state, municipalities (cities and towns) are responsible for their own streets. Counties are responsible for the primary county highway system. But what about the miles of roads in rural subdivisions or between small clusters of homes?
Legislators recognized that neither the city nor the county could efficiently maintain every private lane or subdivision road. By passing this statute, they created a way for landowners to:
- Self-Identify: Recognize that road maintenance in their specific area has become “desirable.”
- Organize: Move from being a group of disjointed neighbors to becoming a formal political subdivision of the state.
- Localize Responsibility: Take the burden off the general county taxpayer and place it on those who directly use and benefit from those specific roads.
The Meaning of “Desirable”
The use of the word “desirable” is key. It implies that the formation of a road district is a voluntary choice made by the people who live there. It isn’t a mandate from the state; it is a tool provided to citizens who believe they can manage their own local infrastructure better or more consistently than the county might.
A Governmental Subdivision is Born
Once a district incorporates under this section, it is no longer just a “homeowners association.” It becomes a public body and a governmental subdivision. This means:
- It has the power to exercise state-granted authority, such as taxing and contracting.
- It must follow the same rules of transparency (Open Meetings and Public Records) as any other government office.
- It exists to serve a public purpose: the safe construction and maintenance of roads for the “desirable” benefit of the community.
Conclusion
SDCL 31-12A-1 is the “Enabling Act” for our neighborhoods. It reflects the South Dakota value of local control—the idea that the people closest to the road are the best ones to decide how it should be cared for. It was written to empower neighbors to build a better community, one mile at a time.
SDCL 1.1
31-12A-1.1. Formation–Election–Qualification.
Notwithstanding any other provision of chapter 31-12A, an area with three or fewer landowners may be formed into a road district pursuant to this chapter. Each landowner shall be a trustee at large and no election of trustees is required.
After the district is incorporated and the number of landowners within the district is five or more, the district shall conduct an election pursuant to § 31-12A-16 to elect the board of trustees. The district shall conduct the election on the first Tuesday after the anniversary date of the formation of the district.
To serve as a trustee of a county road district that has one hundred or more eligible voters, the person shall be a resident and landowner of the district.
To serve as a trustee of a county road district with less than one hundred eligible voters, a person shall be a landowner who owns real property within the district.
Statutory Analysis: Trustee Qualifications and Scaling Requirements in South Dakota Road Districts
The governance structure of a South Dakota road district is mandated to change as the district grows in population and property ownership. SDCL 31-12A-1.1 establishes specific thresholds that dictate how trustees are selected and who is eligible to serve in those positions.
1. Small Districts (Three or Fewer Landowners)
The law provides a streamlined path for very small areas to incorporate. If a district has three or fewer landowners:
- Automatic Trustees: Every landowner in the district is designated as a “trustee at large.”
- No Election Required: Because every owner holds a seat on the board, the standard election process is bypassed until the district grows.
2. Transition to Elected Boards (Five or More Landowners)
Once a district expands and the number of landowners reaches five or more, the district is legally required to transition to an elected board.
- Mandatory Election: The district must conduct an election to select the board of trustees.
- Timing: This election must be held on the first Tuesday after the anniversary date of the district’s initial formation.
3. Trustee Eligibility Based on District Size
The statute creates two distinct standards for who may serve as a trustee, depending on the number of “eligible voters” within the district:
- Districts with 100 or More Eligible Voters: To serve as a trustee in these larger districts, an individual must be both a resident and a landowner of the district. This ensures that the leadership of higher-population districts lives within the community they govern.
- Districts with Less than 100 Eligible Voters: In smaller districts, the residency requirement is waived. A person is eligible to serve as a trustee as long as they are a landowner who owns real property within the district.
Legal Significance
SDCL 31-12A-1.1 ensures that the administrative burden and eligibility requirements of a road district are proportional to its size. By setting these specific numerical triggers, the state ensures a mandatory evolution from “direct ownership management” to a formal “representative election” system as the district grows. Local boards do not have the authority to alter these residency or eligibility requirements through internal bylaws, as these standards are established by state mandate.
SDCl 31-12a-1.2
31-12A-1.2. Eligible voter and landowner defined.
As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent election of a road district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing road district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by § 29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. However, if more than one person holds an interest in a lot, tract, or parcel of land, no more than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.
As used in this chapter, the term, landowner, means any owner of land other than a governmental entity, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing road district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, the individual purchaser of the land, as named in the contract for deed, is treated as the landowner.
Statutory Analysis: Definitions of Eligible Voter and Landowner
The governance and electoral process of South Dakota road districts are governed by the specific definitions found in SDCL 31-12A-1.2. This section establishes who may participate in the initial formation referendum and all subsequent district elections.
1. General Eligibility Criteria
Under the statute, an individual or entity must be a landowner of property located within the proposed or existing district to be considered an eligible voter.
- Residency: An eligible voter may reside either within or outside the boundaries of the road district. Eligibility is tied to property ownership rather than residential status.
- One Vote Per Landowner: Regardless of the number of individual parcels or lots a person owns within the district, that landowner is entitled to only one vote.
2. Voting Rights for Legal Entities
Legal entities such as firms, partnerships, LLCs, associations, estates, or corporations owning land in the district are entitled to one vote. These entities may authorize an officer or agent to vote on their behalf.
3. Restrictions and Joint Ownership
To prevent duplication of votes, only one vote is permitted for each parcel of land, even if jointly owned. Owners of a single parcel must agree on who casts the vote. For eligible voters who are minors or protected persons, a parent, conservator, or legal representative may cast their vote.
4. Definition of “Landowner”
A “landowner” is defined as any non-governmental owner of land in the district. Ownership is verified through records from the Register of Deeds and Clerk of Courts. If land is under a recorded contract for deed, the purchaser is considered the landowner for voting purposes.
To Clarify further:
Statutory Analysis: The “One Landowner, One Vote” Rule in South Dakota Road Districts
Under SDCL 31-12A-1.2, the voting structure for road district elections—including the formation referendum and the annual election of trustees—is governed by a strict “one landowner, one vote” principle. This ensures that the district remains a democracy of stakeholders rather than a tally of total acreage or lot counts.
1. The Person Over the Parcel
The law is clear: Each landowner is entitled to exactly one vote, regardless of the number of individual parcels, lots, or acres they own within the district boundaries.
- Example: If a single individual owns ten separate lots in the Road District, that individual still casts only one ballot. They do not get ten votes.
2. Joint Ownership Restrictions
To prevent the duplication of votes on a single piece of property, the law treats a parcel as a single voting unit, but it does not “multiply” those votes if there are multiple owners.
- The Shared Vote: If a husband and wife, or two business partners, jointly own one or more parcels, they must agree on which one of them will cast the single vote allowed for that ownership interest.
- No Multi-Voting: Two owners cannot each cast a vote just because they own two different parcels together; as a “joint ownership unit,” they still represent a single landowner interest in the eyes of the district.
3. Corporate and Entity Voting
This rule extends to legal entities (LLCs, Corporations, Trusts, etc.).
- Designated Agent: A corporation that owns twenty parcels is still only one “landowner” and is entitled to only one vote, cast by a designated officer or agent.
- The Shell Game Barrier: An individual cannot circumvent this by forming multiple LLCs to own different lots. If the Auditor or Election Clerk can verify that the controlling interest is the same, the principle of “one landowner, one vote” remains the legal standard to prevent the manipulation of district elections.
4. Summary of Eligibility
- Landowner A (Owns 1 lot): 1 Vote.
- Landowner B (Owns 12 lots): 1 Vote.
- Joint Owners C & D (Own 5 lots together): 1 Vote (must agree on who casts it).