South Dakota Constitution Article 10 - Municipal Corporations [Repealed]. Repealed by SL 1972, ch 3, approved Nov. 7, 1972
South Dakota Constitution – Article 10: Municipal Corporations
Status: ❌ Repealed by the Session Laws of 1972, Chapter 3, and approved by voters on November 7, 1972.
📜 Background and Summary:
Article 10, originally titled "Municipal Corporations", dealt with the powers, formation, and governance of municipal governments (such as cities and towns) in South Dakota.
While this article once provided constitutional rules for how municipalities operated — such as incorporation procedures, taxation authority, or local self-government — its repeal in 1972 signaled a shift in how the state preferred to manage these matters.
🏛️ Why Was It Repealed?
The repeal likely occurred as part of a broader constitutional modernization effort to:
Eliminate outdated or redundant provisions,
Transfer municipal governance details to general law (statutes),
Allow greater flexibility for legislative or local government reforms without needing constitutional amendments.
🔁 What Replaced It?
Although Article 10 was repealed, the governance of municipal corporations is still addressed through:
South Dakota Codified Laws (especially Title 9 – "Municipal Government"),
Relevant provisions in other constitutional articles,
Home rule charters adopted by cities under newer laws.
📚 Historical Note:
Repealing entire constitutional articles, especially those relating to local governance, was a trend in several states during the 20th century as they sought to move detailed governance provisions from constitutions to more flexible statutory law.
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