Contact Our State Reps?

Is this an issue we should expect our state senator or reps to weigh in on? Should we mention this to them?

Yes, this is absolutely something you should bring to your state senator and representative.

Why You Should Contact Them

1. This is a statewide statutory issue, not just a single-district problem.
   Many road districts are using the same questionable flat-fee model. The statutes (especially SDCL 31-12A-21) are clear but possibly insufficient, which has led to inconsistent and legally dubious practices across the state.
2. It involves core legislative concerns:
   • Proper limits on government taxing/charging authority (Dillon’s Rule)
   • Protection of agricultural land
   • Local government accountability and transparency
   • Potential conflict between statutes and widespread practice
3. They can actually help:
   • Request an Attorney General Opinion on the legality of flat “special maintenance fees”
   • Sponsor or co-sponsor the bill language we worked on (allowing ag land to withdraw)
   • Ask the Legislative Research Council to review Chapter 31-12A for clarity
   • Put quiet pressure on counties to stop enabling questionable practices

How to Frame It When Contacting Them

Keep it professional and principle-based – Good angles:

• “The statutes only authorize levies and special assessments, yet many road districts are imposing flat fees with no clear legal authority.”
• “Agricultural property is being trapped in districts with limited benefit and no practical way to exit.”
• “Bylaws are being written that contradict state law on voting rights and removal of officers.”
• “Counties are collecting these fees without verifying statutory compliance.”

Recommendation

Yes — contact both your State Senator and House Representative.

Sample Email

Subject: Request for Legislative Review – Road District Authority under SDCL Chapter 31-12A

Dear Senator [Last Name] and Representative [Last Name],

I am a landowner in Custer County writing to respectfully request your assistance regarding a troubling issue with road districts organized under SDCL Chapter 31-12A.

The Legislature was clear when it defined the financial powers of road districts. Under SDCL 31-12A-21, boards may only “levy taxes and special assessments.” Both of these tools come with important statutory protections for landowners:

• Tax levies are based on property value (ad valorem).
• Special assessments must be based on actual benefit to the property and require formal procedures, notice, and hearings.

However, many road districts – including ours – are instead imposing a flat annual “special maintenance fee” (commonly $500 per landowner). This flat fee has none of the procedural safeguards or proportionality requirements that the Legislature built into the authorized methods.

By allowing this practice to continue, we are effectively creating a third, unregulated funding mechanism that bypasses the protections the law was designed to provide. If we accept this flat fee today, we set a dangerous precedent that could lead to further unauthorized takings from landowners in the future.

This issue affects landowners across multiple counties and undermines confidence in local government. We are not asking to eliminate road districts – we simply want them to operate strictly within the authority granted by the Legislature.

Would you be willing to look into this matter? I respectfully ask that you consider:

• Requesting a review of Chapter 31-12A by the Legislative Research Council for clarity and consistency.
• Supporting legislation to clearly limit road districts to the two authorized funding methods.
• Creating a reasonable process for agricultural properties to withdraw from existing districts.

I would be happy to provide specific examples, meeting minutes, bylaws, and statutory references if helpful.Thank you for your time and for standing up for South Dakota taxpayers and property owners. I look forward to your thoughts.

Sincerely,
[Your Full Name]
Custer County Resident
[Your Phone Number]
[Your Email Address]

Official Emails For This District-(Recommended)

• Senator Amber Hulse:
  amber.hulse@sdlegislature.gov (mailto:amber.hulse@sdlegislature.gov)
• Representative Tim Goodwin:
  tim.goodwin@sdlegislature.gov (mailto:tim.goodwin@sdlegislature.gov)
• Representative Trish Ladner:
  trish.ladner@sdlegislature.gov (mailto:trish.ladner@sdlegislature.gov)