Title 40 — ANIMALS AND LIVESTOCK

A cooperative corporation organized for the purpose of aiding in the conservation of natural forage resources within a designated area to be jointly used by its members, and for aiding in the restoration and improvement of lands which may be acquired by lease or purchase from a p…

Each association incorporated under this chapter shall within thirty days after its incorporation, adopt, by majority vote of its members, for its government and management, a code of bylaws, not inconsistent with the powers granted under this chapter. Such bylaws may be altered …

Each association incorporated under this chapter may under its bylaws provide for any or all of the following: (1) The time, place, and manner of calling its meetings; (2) That in voting at meetings, no proxies shall be allowed; (3) The number of directors of the association, the…

Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member…

Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed. Source: SDC 1939, § 40.1804.

When any member of a cooperative grazing district shall dispose of all or a part of the lands owned or leased by him so that another individual or other individuals shall by the purchase and ownership or lease of such lands acquire right to membership, then the rights and interes…

The directors shall have power to exercise the full corporate power as authorized in this chapter. Source: SDC 1939, § 40.1806 (1).

The directors may enter into leases on behalf of the association with persons, corporations, limited liability companies, partnerships, or with the county or counties in which the district is located or with the state or the federal government for tracts of land within, contiguou…

The directors shall have power to make regulations for the management and control of the affairs of the association and of the manner of utilization of grazing within their district not inconsistent with the terms, conditions, and limitations of leases of land contained therein. …

The directors shall have power to apportion grazing rights within their districts to members on a commensurate basis. Source: SDC 1939, § 40.1806 (3).

Cooperative grazing associations may cross - fence any part or all of the area and assign to each member a unit so fenced for his exclusive use, provided he follows the conservation practices outlined in the bylaws. Source: SDC 1939, § 40.1807.

Whenever three or more qualified persons shall desire to incorporate a cooperative grazing district, having for its object the utilization, conservation, restoration, and improvement of forage resources on their land or upon lands to be acquired by such association by purchase or…

The directors shall have power to grant to nonmembers grazing permits within such districts when the amount of forage within the district is greater than the need of the members, but no such permits shall be granted when such use shall be inconsistent with the terms of leases of …

The directors shall have power to determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights or to determine assessments on members on a per head grazing basis for the purchase of lands situated within, contiguous to, or adjacent to such …

The directors shall have power to specify the breed, quality, and number of male breeding animals which each member must furnish when stock are grazed in a common pasture within the grazing district. The association may also prescribe the breed and quality of bulls that are to ru…

The directors shall have power to set up such reserves as in their judgment may be advisable, after all costs, expenses, rentals, and other legal charges against the association have been provided for. Source: SDC 1939, § 40.1806 (8).

Any incorporated grazing association may purchase or lease any and all lands owned by the county not already leased, and located within the proposed district. Source: SDC 1939, § 40.1808.

A lease pursuant to § 40-23-24 shall not be subject to the provisions of chapter 7-30 , and such lease may be for a period of not more than ten years, with the lands thus leased not subject to sale to other parties. The lease may contain a provision for the privilege of purchase …

No lease shall be entered into pursuant to § 40-23-24 until the board of county commissioners, in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limi…

Rentals for county lands leased under § 40-23-24 shall be payable annually. The county commissioners may provide for a variable scale of rental charges, based on market prices for livestock, or livestock products, or the number and character of stock, or the carrying capacity of …

Failure to comply with regulations prescribed in a lease pursuant to § 40-23-24 relating to protection, administrations, or improvement of such grazing districts or to make payments of annual rentals within the time prescribed, shall be grounds for forfeiture and cancellation of …

The board of county commissioners may exchange county lands outside a grazing district for privately owned land of approximately equal value within a grazing district. Source: SDC 1939, § 40.1808.

The articles of incorporation of a cooperative grazing district shall be signed, sealed, and acknowledged in the form now provided by the statutes of this state for the conveyance of real estate, and shall include the following: (1) The name of the association; (2) The purpose fo…

Whenever any cooperative grazing district is dissolved by act of its board of directors or otherwise, then the rights and interests therein shall be distributed among the members in proportion to the amounts paid in by the various members as assessments, as nearly as the board of…

Cooperative grazing associations organized under this chapter shall, upon completion of organization and incorporation, file with the register of deeds in the county or counties in which any such lands lie, a map or plat clearly showing the boundaries of the district proposed to …

When any cooperative grazing districts shall have overlapping boundaries, their boundaries shall be determined by arbitration. Each district shall appoint an arbitrator, and such arbitrators shall appoint a third. The decision of any two of such three arbitrators shall be binding…

Each association organized under this chapter shall have the power to lease or acquire, by purchase or otherwise, lands for grazing purposes or for raising forage crops and to dispose of such lands purchased by trade, sale, or otherwise. Source: SDC 1939, § 40.1803 (1).

Each association organized under this chapter shall have the power to lease from the county or counties in which the cooperative grazing district is located, land acquired by such county or counties through tax sale or otherwise, which is located in or contiguous thereto and not …

Each association organized under this chapter shall have the power to construct or acquire fences, reservoirs, or other facilities for the care of livestock. Source: SDC 1939, § 40.1803 (2).

Each association organized under this chapter shall have the power to apportion to members grazing rights within the cooperative grazing district on such terms, conditions, and limitations as may be specified by the directors thereof, or in accordance with the terms and limitatio…