February 4, 1975
Mr. Peter Buttaro
Brown County State's Attorney
Brown County Courthouse
Aberdeen, South Dakota 57401
OFFICIAL OPINION NO. 75-18
Interpretation of SDCL 9-33-12
Dear Mr. Buttaro:
The mayor of Aberdeen has asked for an official opinion as to whether or not SDCL 9-33-12 authorized a municipality to purchase raw land on which to build a fire station. Since I do not issue opinions to city officials, I am addressing this opinion to you.
Every municipality shall have power to levy not exceeding one mill each year on each dollar of taxable property within the municipality for the purpose of creating a fund for fire department buildings and equipment. The proceeds of such levy shall be placed in a separate fund to be designated the fire department building and equipment fund and shall be used only for the purchase of firefighting equipment, apparatus and buildings . . . .
In the case of State ex rel. Holbert v. Robbinson, 59 S. E. 884, 888, the court said that a "building" means a structure or edifice covering a space of land constructed and designed to exsit permanently for use as a dwelling, storehouse, factory, shelter for beast or to serve some other useful purpose and includes the land on which the building stands and adjacent land. Based upon this general principle of law, it is my opinion that SDCL 9-33-12 would permit a municipality to purchase land upon which to build a fire station.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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