STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 13, 1974

C. W. Renz
States Attorney, Campbell County
Herreid, South Dakota 57632

OFFICIAL OPINION NO. 74-20

The county using its snow equipment to remove snow from the streets of villages.

Dear Mr. Renz:

You have requested an opinion based on the following factual situation:

Campbell County snow equipment is used to remove snow in the streets of Mound City and Artas.

You have asked the following question:

Does Campbell County have a legal right to use the county equipment to remove the snow in Mound City and Artas with the county snow removal equipment at county expense?

SDCL 1-24-3 represents a general grant of authority to political subdivisions of the State. Any two or more of these subdivisions “... may enter into agreements with one another for joint or cooperative action ....” SDCL 31-12-41 specifically provides that counties may contract with municipalities within its borders for the maintenance of public streets and alleys. The board of county commissioners is authorized by this statute to enter into contractural relations with a municipality when it will be to the best interests of the particular municipality and in the public interest.

Based on the above, it is our opinion that county snow equipment can be used on village streets, if the county and village have entered into a contractual agreement.

Respectfully submitted,

Kermit A. Sande
Attorney General