31-12A-4. Public examination of survey, map, and petition.
Such survey, map, and petition when completed and verified shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within such territory for a period of not less than twenty days for examination by those having an interest in such application.
Before a petition for a road district may be officially filed with a county, the initiating documents must be made available for a designated period of public scrutiny. SDCL 31-12A-4 establishes the specific timeline and location requirements for this mandatory transparency phase.
The Requirement of Public Availability
The statute mandates that three specific documents—the survey, the map, and the petition—must be made accessible to the public once they are completed and verified:
“Such survey, map, and petition when completed and verified shall be left at some convenient public place… within such territory for a period of not less than twenty days for examination by those having an interest in such application.”
This requirement ensures that property owners and residents who will be affected by the district’s formation have a fair opportunity to review the exact boundaries and the “statement of need” before the matter reaches the county commission.
The Role of the County Auditor
The statute grants the County Auditor the specific authority to designate the location for this examination:
- Designated Location: The Auditor identifies a “convenient public place” within the territory of the proposed district.
- Geographic Requirement: The location must be physically located within the proposed district’s boundaries, ensuring that “those having an interest” do not have to travel outside their neighborhood to exercise their right to review the documents.
The Mandatory Twenty-Day Period
The timeline of “not less than twenty days” is a strict statutory minimum. According to South Dakota Attorney General Official Opinion 24-04 (issued December 30, 2024), this twenty-day opportunity for public examination is a mandatory requirement that must be met before a county commission has the obligation to move forward with the incorporation process.
Legal Significance: Ensuring Informed Consent
The legislative intent of SDCL 31-12A-4 is to prevent “surprise” incorporations. By requiring that the verified survey and map (mandated by Section 2) and the petition (mandated by Section 3) be left for public review, the law ensures that:
- Accuracy is Verified: Neighbors can check the surveyor’s work to ensure their properties are correctly included or excluded.
- Referendum Readiness: The public is informed of the pending application before they are called upon to vote in the subsequent referendum.
- Procedural Integrity: The County Commission can only act on a petition that has successfully completed this twenty-day “sunshine” period.