31-12A-6. Order declaring territory incorporated–Name of district–Election.
If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the eligible voters, as specified in § 6-16-2, in an election as provided in § 6-16-4 to 6-16-6, inclusive, be an incorporated road district by the name specified in the petition. The name shall be different from that of any other road district in this state.
Analysis of SDCL 31-12A-6: The Mandatory Order for Election
South Dakota Codified Law (SDCL) 31-12A-6 is the critical statute that outlines the county commission’s mandatory duty to move a road district application forward once specific requirements are met. The core function of this statute is to transition a citizen-led petition into a formal public election.
The Text of the Statute
SDCL 31-12A-6 states:
Under SDCL 31-12A-6, if the board of county commissioners confirms that all chapter requirements are met, they shall order an election for eligible voters to potentially form an incorporated road district with a specified name. The name must be distinct from any other road district in the state.
Key Legal Interpretations and Implications
1. The Mandatory “Shall” Provision
The term “shall” in 31-12A-6 indicates a mandatory duty, meaning the Board of County Commissioners must order an election if all statutory requirements of Chapter 31-12A are satisfied. They lack discretion to deny a valid petition on other grounds.
2. Burden of Proof
The commission’s duty is contingent on being “satisfied that the requirements of this chapter have been fully complied with”. This requires petitioners to ensure all documentation, like surveys, maps, and signatures, meets legal standards. Non-compliance, including issues with requirements in SDCL 31-12A-2 or withdrawal language, can prevent the commission’s mandatory duty under 31-12A-6 from being triggered.
3. Order for Election, Not Final Formation
The order under 31-12A-6 is not the final step; it declares the intention to incorporate, dependent on voter approval in an election. The ultimate decision rests with local landowners through a majority vote (SDCL 6-16-2, 31-12A-10).
4. Prevents Overlap
The statute requires the proposed name to be unique, preventing overlap with existing districts, as reinforced by interpretations like Attorney General Opinion 2024-04.
Summary
SDCL 31-12A-6 allows landowners to initiate a road district election. The commission’s obligation to order the election depends strictly on petitioners fulfilling all statutory requirements, including preventing overlap with existing districts. Full compliance compels the commission’s action, while deficiencies can halt the process.
We did talk about some of this in previous analyses.