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Section 9-4-6 - Petition for exclusion of territory from municipality--Resolution of governing body.

9-4-6. Petition for exclusion of territory from municipality--Resolution of governing body. On petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof and not being laid out into lots and blocks, the governing body may by resolution exclude such territory therefrom; provided, however, that if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition in such case need be signed by the owner only.

Source: SL 1887, ch 104, § 2; CL 1887, § 1115; RPolC 1903, § 1509; RC 1919, § 6555; SDC 1939, § 45.2901; SL 1939, ch 191.

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