Title 41 — GAME, FISH, PARKS AND FORESTRY

The acquiring, improving, and maintaining of public parks and the creation and maintaining of bodies of water by counties is declared to be a public purpose. The commissioners of the several counties may acquire for this purpose by gift, purchase, or condemnation, property within…

If bonds of the county are issued for the purpose of acquiring or improving a public park and creating bodies of water in the park, the proceeds of the bonds shall be deposited with the county treasurer in a fund to be designated as a county park fund and shall be paid out only u…

The board of county commissioners may acquire and condemn private property within the county for the uses and purposes of public parks and bodies of water in the county if and to the extent that the property is deemed necessary for such purposes. The board may pay for all propert…

Except as provided in § 41-18-13 the board of county commissioners, in acquiring the property for any one park or project and creating bodies of water in the park or project under the provisions of this chapter, may not expend a total amount exceeding one dollar per thousand doll…

If the county borrows money and issues bonds for the purpose of a park or project and creating bodies of water in the park or project, the expenditure is not limited to one dollar per thousand dollars of taxable valuation on the assessed valuation of the property within the count…

If an agreement is reached with the owner of the property or any portion of the property for a reasonable price for the property, the board of county commissioners shall pass a resolution for the purchase of the property or any portion of the property. The resolution shall contai…

If the board of county commissioners deems it necessary to take, damage, or condemn any private property or any portion of the property for any of the purposes mentioned in § 41-18-11 , the board shall by proper resolution declare the necessity of the taking or damaging, stating …

If upon condemnation proceedings, a judgment is entered that will cause the limitation in § 41-18-12 to be exceeded on a particular park or project, or if the board of county commissioners deems the judgement excessive, the costs of the proceeding including a reasonable attorney'…

If it is determined advisable as provided in this chapter to construct or create any body of water within any county park, the board of county commissioners may acquire by the same method as provided in this chapter an amount or quantity of land surrounding or adjoining the body …

The board of county commissioners may grant easements upon or transfer title to any part of any property acquired pursuant to this chapter, suitable for the creation of a body of water, to the United States government or any branch or department of the United States government in…

If the board of county commissioners decides to sell any lots or tracts surrounding any such body of water or adjoining any portion of the body of water, the commissioners shall first cause the land to be surveyed and platted into lots and blocks and streets or drives. The board …

If property described in § 41-18-1 or any portion thereof is offered to the county as a gift for the purpose described therein, the commissioners may without the necessity of a petition of freehold voters as provided for in § 41-18-3 , accept such gift by resolution passed at a r…

After a survey and platting pursuant to § 41-18-19 , the board of county commissioners shall appoint three appraisers who shall appraise the lots and tracts. The proceeding for the appraisal of the lots and tracts shall be the same as provided for the appraisal of the estates of …

After the appraisers have, pursuant to § 41-18-20 , fixed the valuation of each lot and tract, the county, through its board of county commissioners, may sell the lots and tracts or any portion of the lots and tracts for not less than the appraised value. No lot or tract may be s…

In the sale of lots and tracts pursuant to § 41-18-21 , the board of county commissioners may designate the terms upon which the sales may be made and the rate of interest deferred payments shall bear. The board may make contracts for the sale and make conveyance if the purchaser…

Any money received from the sale of lots and tracts pursuant to § 41-18-21 shall be deposited as provided in this section. If the county borrows money and issues its bonds for the creation of any county park or for creating bodies of water in the park, the money so received shall…

The county commissioners shall have charge of the improvement and maintenance of public parks established pursuant to this chapter, the expense thereof to be paid on their order by warrants upon the park fund. Source: SDC 1939, § 12.2412; SL 1947, ch 44 , § 2.

No dance hall may be built within one mile of a county park unless by permission of the board of county commissioners. Source: SDC 1939, § 12.2410; SL 2009, ch 206 , § 124.

If three hundred or more freehold voters of any county file with the county auditor a petition setting forth that certain real property, therein described, within the county is desirable for the purposes of a public park and that it would be to the benefit of the public that the …

Notice of a hearing pursuant to § 41-18-3 shall be given by the county auditor by publication in a legal newspaper published in such county once a week for at least two successive weeks before the hearing. The notice shall specify the time and place of the hearing and shall ident…

If the county commissioners are satisfied that it is in the best interest of the public that property described in a petition under § 41-18-3 , or any part of the property, is to be acquired for the purpose of a public park, the commission shall cause an accurate survey to be mad…

If the county commissioners deem it necessary or desirable that the county borrow money for this purpose, the county may issue its bonds to purchase the lands for a park and create bodies of water and improve them. All bonds shall be authorized, issued, and sold as provided in ch…