South Dakota Codified Laws 9-6-5. Referee to determine facts on petition for dissolution–Report of referee
If upon such hearing it appears to the satisfaction of the court that the interests of such municipality and of its property owners and taxpayers require that the municipality be dissolved, the court shall appoint a referee to make an enumeration of its population and to examine the records of such municipality and of the county in which the same is situated, to ascertain whether such petition has been executed by persons owning more than one–half of the real property within such corporation, both in area and assessed valuation.
The court may also refer to such referee any other question in controversy which may arise upon the petition and objections thereto.
Terms Used In South Dakota Codified Laws 9-6-5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Such referee shall with all convenient speed make his report to the court of all matters referred to him, and upon the filing of such report and upon not less than six days’ notice to the municipality, the court shall consider the report of the referee.
Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004.