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South Dakota Statutes, Title 43

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South Dakota/Statutes

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Title 43, PROPERTY

58 chapters · 827 sections in this title.

All chapters in Title 43827 Ch 11, REAL PROPERTY POWERS64 Ch 4, TRANSFER OF PROPERTY49 Ch 41B, UNIFORM UNCLAIMED PROPERTY ACT49 Ch 25, DEEDS AND CONVEYANCES42 Ch 32, LEASE OF REAL PROPERTY42 Ch 17, WATER BOUNDARIES AND RIPARIAN LANDS40 Ch 13, EASEMENTS AND SERVITUDES32 Ch 31, HOMESTEAD EXEMPTION30 Ch 39, DEPOSIT OF PERSONAL PROPERTY30 Ch 15A, CONDOMINIUMS29 Ch 28, RECORDING OF INSTRUMENTS29 Ch 3, PRESENT AND FUTURE INTERESTS IN PROPERTY21 Ch 30, MARKETABLE TITLE TO REAL ESTATE18 Ch 2, OWNERSHIP OF PROPERTY17

12 sections·Filtered byTitle 43✕Ch 2A✕

SDCL § 43-2A-1 Definitions
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Terms used in this chapter mean: (1) "Agricultural land," land capable of being used in the production of: (a) Agricultural crops; (b) Fruit and other horticultural products; (c) Livestock or livestock products; (d) Milk or dairy products; (e) Poultry or poultry products; or (f) …
SDCL § 43-2A-2 Limitations on foreign ownership--Exceptions
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The following provisions apply to the ownership or leasing of agricultural land in this state: (1) A prohibited entity may not own agricultural land in this state; (2) A prohibited entity may not lease or hold an easement on agricultural land in this state, unless: (a) The lease …
SDCL § 43-2A-3 Agricultural land acquired in violation--Period to comply
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Any foreign entity, foreign government, foreign person, or prohibited entity that acquires agricultural land in this state by devise or descent, in violation of this chapter, has three years from the transfer of ownership to dispose of the land. Any foreign entity who violates th…
SDCL § 43-2A-4 Aliens acquiring agricultural land by process of law--Time to alienate title
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The prohibitions of § 43-2A-2 do not apply to agricultural lands acquired by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, all agricultural lands so acquired shall …

SDCL § 43-2A-5 Nonresident alien becoming bona fide resident--Right to acquire agricultural land

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Any foreign person who is or becomes a resident may acquire and hold agricultural land in this state, upon the same terms as a resident of this state, during the continuance of the residency. If the foreign person ceases to be a resident, the foreign person has three years from t…

SDCL § 43-2A-6 Violation--Forfeiture to state--Minority interest--Civil penalty--Enforcement--Impact on title--Fractional interest--Appraisal

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Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated. Any agriculture land acquired by devise or descent, wherein a minority owner is i…

SDCL § 43-2A-6.1 Violation--Investigation--Subpoena power

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The Department of Agriculture and Natural Resources shall refer evidence of noncompliance to the attorney general, who shall investigate the evidence for violations of this chapter. The attorney general may bring an action pursuant to title 15 to enforce this chapter. After the a…

SDCL § 43-2A-6.2 Violation--Burden of proof

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The attorney general shall prove any violation of § 43-2A-2 by a preponderance of the evidence. Source: SL 2024, ch 176 , § 8.

SDCL § 43-2A-6.3 Violation--Appeal

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A foreign entity, foreign government, foreign person, or prohibited entity, whose agricultural land interest was forfeited by an enforcement action brought by the attorney general, may appeal within thirty days of the judgment, pursuant to chapter 15-26A . Source: SL 2024, ch 176…

SDCL § 43-2A-7 Reports monitored by Department of Agriculture and Natural Resources

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The Department of Agriculture and Natural Resources shall review: (1) Any report received by the department in accordance with § 43-2A-7.1 ; (2) Any report transmitted to the department pursuant to the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3505 (Janua…

SDCL § 43-2A-7.1 AFIDA report--Duplicate filing with department--Civil penalty

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Any person required to submit a report to the United States Department of Agriculture in accordance with the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. §§ 3501 to 3508 inclusive (January 1, 2026), shall file a copy of the required report with the secretary o…

SDCL § 43-2A-8 Exception for property owned by corporation for nonfarming purposes--Cement Plant Commission property

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This chapter does not apply to agricultural land owned by a foreign entity, a foreign government, or a foreign person for an immediate or potential nonagricultural use. A foreign entity, a foreign government, or a foreign person may hold agricultural land in an amount necessary f…