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SD · constitutions

S.D. Const. art. IX, § 2

Home rule

activein force · 2026-09-24 – presentas-observed

Any county or city or combinations thereof may provide for the adoption or amendment of a charter. Such charter shall be adopted or amended if approved at an election by a majority of the votes cast thereon. Not less than ten percent of those voting in the last preceding gubernatorial election in the affected jurisdiction may by petition initiate the question of whether to adopt or amend a charter.

A chartered governmental unit may exercise any legislative power or perform any function not denied by its charter, the Constitution or the general laws of the state. The charter may provide for any form of executive, legislative and administrative structure which shall be of superior authority to statute, provided that the legislative body so established be chosen by popular election and that the administrative proceedings be subject to judicial review.

Powers and functions of home rule units shall be construed liberally.

History

Sections proposed by SL 1957, ch 300, rejected Nov., 1958; Art. X, §§ 4 and 5, proposed by SL 1961, ch 298, approved Nov. 6, 1962, effective July 1, 1963; amendment proposed by SL 1972, ch 3, approved Nov. 7, 1972.

Provenance

Source
sdlegislature.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
bb25928aef5be035f67e57a0d938f1ac1b47e8c6def5c85163540cf380261f4f
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S.D. Const. art. IX, § 2 — Home rule · binding.law