31-12A-3. Filing of petition–Contents.
Not less than twenty-five percent of the eligible voters as defined in § 31-12A-1.2 who own land lying within the limits of the territory proposed to be organized into a road district may file a petition with the board of county commissioners asking that a road district be organized to function in the territory described in the petition. The petition shall be filed with the county auditor and presented to the board of county commissioners for consideration at its next meeting. The petition shall conform with the requirements of § 6-16-2 and shall set forth:
(1) The proposed name of the road district;
(2) That there is need for road work in the territory described in the petition;
(3) A description of the territory proposed to be organized as a road district;
(4) A request that the board of county commissioners define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a road district in the territory; and that the board determine that such a district be created.
The formal process for proposing the creation of a road district in South Dakota is governed by SDCL 31-12A-3. This statute outlines the specific threshold for participation and the mandatory contents of the petition that must be submitted to county officials.
The Petition Threshold
Under SDCL 31-12A-3, a petition to organize a road district may only be filed by a specific group of stakeholders. The requirements include:
- Stakeholder Status: The petitioners must be “eligible voters” as defined in SDCL 31-12A-1.2 who specifically own land within the proposed territory.
- The 25% Requirement: The petition must be signed by at least twenty-five percent of those eligible landowners.
This threshold ensures that a significant minority of the property owners who will be subject to the district’s authority and taxing power are in favor of the proposal before the county considers the matter.
Filing and Presentation
The statute establishes a clear administrative path for the petition:
- The Auditor: The petition must first be filed with the County Auditor.
- The Commission: The Auditor then presents the petition to the Board of County Commissioners at their next scheduled meeting.
Mandatory Petition Contents
To be legally valid, SDCL 31-12A-3 requires that the petition conform to the general requirements for special districts found in SDCL 6-16-2 and must explicitly state:
- District Name: The proposed formal name of the road district.
- Statement of Need: A declaration that there is a specific need for road work within the described territory.
- Boundary Description: A detailed description of the geographic territory proposed for organization.
- The Formal Request: A request that the County Commission define the final boundaries, authorize a referendum (vote) on the question of creation, and ultimately determine that the district be created.
Legislative Intent: The Referendum Trigger
The primary function of SDCL 31-12A-3 is to serve as the trigger for a public vote. The filing of a valid petition does not automatically create a district; rather, it mandates that the County Commission facilitate a democratic process. By requiring a formal description of the “need for road work,” the law ensures that the district’s creation is rooted in a specific public purpose rather than arbitrary organization.
According to South Dakota Attorney General Official Opinion 24-04, issued on December 30, 2024, a Board of County Commissioners has no discretion to deny the formation of a road district if the petition and application materials are deemed to fulfill all statutory requirements.
The opinion clarifies that SDCL 31-12A-6 creates a mandatory duty for the commissioners. If a petition is filed with the county auditor that complies with the procedural and signature requirements of the law, the board is legally obligated to move forward with the incorporation process. The commissioners cannot refuse the petition based on personal opposition or policy preferences; their role is strictly limited to verifying that the technical requirements of the law have been met.