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. SDCL 31- 12A-1. Any landowner who owns land lying within the limits of the area proposed to be organized into a district may file a petition to form a road district. SDCL 31-12A-3
Eligible Voters See SDCL 31-12A-1.2:
- Only persons or public corporations owning land (“landowner”) within the proposed road district are eligible to vote.
- An eligible voter may reside within or outside of the district.
- Entities (i.e, corporations, limited liability companies, estates, etc…..) are entitled to one vote and the entity may designate an officer or agent to vote on its behalf. The road district may request documentation from the entity granting authorization to an officer or agent for voting purposes.
- If more than one person holds an interest in a lot, tract or parcel, only one vote may be cast with respect to that lot, tract or parcel. For example, if a lot is owned by a husband and wife, either the husband or wife may vote but not both.
- A “landowner” means any owner of land other than a governmental entity.
- If a lot, tract or parcel is being sold under a contract for deed, the purchaser as named in the contract is deemed to be the landowner.
- A landowner gets one vote regardless of how many parcels he or she may own.