Title 43, PROPERTY
58 chapters · 827 sections in this title.
SDCL § 43-2B-1 Definitions
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Terms used in this chapter mean: (1) "Military installation," any federally or state owned, leased, or operated base, building, camp, post, reservation, or other facility to which active duty or reserve members of the armed forces or civilian employees are assigned pursuant to or…
SDCL § 43-2B-2 Prohibitions on foreign ownership
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After the expiration of any applicable divestment period provided in § 43-2B-3 , a prohibited entity may not, during any time in which there exists a military installation in this state: (1) Hold or obtain any real property interest located, in whole or in part, in this state; or…
SDCL § 43-2B-3 Time to dispose interest
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During any time in which there exists a military installation in this state, a prohibited entity that acquires a real property interest in this state: (1) Through descent or devise, must dispose of the interest within three years of acquiring the interest; or (2) By any means oth…
SDCL § 43-2B-4 Attorney general investigation of allegation--Subpoena power
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The attorney general shall investigate any alleged violation of this chapter. Upon commencing an enforcement action pursuant to § 43-2B-5 , the attorney general may, in addition to any authority granted under §§ 15-6-28.2 to 15-6-28.4 , inclusive, subpoena from any prohibited ent…
SDCL § 43-2B-5 Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens
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The attorney general shall enforce the provisions of this chapter. Any real property interest owned in violation of this chapter must be forfeited to the state or terminated, as applicable. Upon substantiation of an allegation that a prohibited entity holds an interest in this st…
SDCL § 43-2B-6 Forfeited interest--Distribution of sale proceeds--Priority
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Proceeds from the sale of a real property interest ordered pursuant to § 43-2B-5 must be distributed in the following order: (1) Payment of the costs of the sale, including all approved fees and expenses, and any taxes and assessments due; (2) Payment, in an amount approved by th…
SDCL § 43-2B-7 No duty to inquire unless expressly required--Liability limited
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Except as expressly provided in this chapter, a person that is not a prohibited entity does not have any duty to determine or inquire whether another person is a prohibited entity or is otherwise subject to this chapter. A person that is not a prohibited entity may not be held li…
SDCL § 43-2B-8 No cause of action against state--No limitation on penalty or remedy
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Nothing in this chapter: (1) Creates a cause of action against the state or limits the discretion of the attorney general to decline to bring an action under this chapter; or (2) Limits any penalty or remedy set forth in chapter 43-2A regarding the ownership or leasing of agricul…
SDCL § 43-2B-9 Applicability
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This chapter does not apply to: (1) Any real property interest held by an entity that has received clearance, approval, or a determination of no unresolved national security concerns from the Committee on Foreign Investment in the United States, including any entity operating in …