Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL § 7-31-1 Legislative policy and purpose
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It is hereby declared to be the policy of the Legislature to provide for the conservation of the land resources of the counties, for the establishment of sound administration and management of county - owned lands in order that these lands may be conserved and the maximum revenue…
Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs
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If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested p…
SDCL § 7-31-11 Deposit of value of improvements--Transfer of ownership
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The subsequent lessee, or purchaser shall become the owner of such improvements when he has deposited with the board of county commissioners, for the use of the former owner of the improvements, a sum equal to their value as determined by the board of appraisal. Source: SL 1939, …
SDCL § 7-31-12 Apportionment of rental proceeds from tax - deed lands
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The rental proceeds in any one year from the real estate acquired by counties under tax deed shall, after deducting the expenses of taking such tax deed and after deducting an amount agreed upon by the board of county commissioners necessary for general administrative expenses of…
SDCL § 7-31-13 Apportionment of rental proceeds from school mortgage lands
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The rental proceeds from real estate acquired by counties in satisfaction of a school - loan mortgage or through foreclosure of such shall be distributed as provided by existing laws. Source: SL 1939, ch 25 , § 8; SL 1945, ch 35 ; SDC Supp 1960, § 12.3411 (2).
SDCL § 7-31-14 Insurance on county - owned improvements
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The board of county commissioners may, whenever it appears to be for the best interests of the county and other taxing districts, procure insurance against the hazards of fire, windstorm, tornado, and hail, on buildings held by the county, or in which the county has an interest, …
SDCL § 7-31-16 Petition by political subdivision to sell county property--Direction of sale by county commissioners--Reclassification of class two land
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Whenever a majority of the board of county commissioners deems it advisable, or whenever a written petition shall be presented to said board by the governing body of any municipal corporation, school board, board of education or township board, requesting the sale of any real pro…
SDCL § 7-31-2 County commissioners to control land
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The board of county commissioners of any county shall have control of the sale, rental, and management of real property owned by the county acquired in satisfaction of school - fund loan mortgages or through foreclosure, or acquired through tax - deed proceedings or in payment of…
SDCL § 7-31-25 Sale contract void on default in payment of installments--Forfeiture and reentry by county
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The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the county treasurer. Whenever the purchaser of any tract shall fail to pay the principal or interest due by him to the county for such tract within three months after same shall beco…
SDCL § 7-31-26 Notice of default given to installment purchaser
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To effect such forfeiture the board of county commissioners shall cause to be served upon the purchaser or his legal representative or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after service of…
SDCL § 7-31-27 Service of notice on defaulting installment purchaser
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Such notice shall be served personally in the manner provided for the service of a summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts, recited in the return of the sheriff of the county …
SDCL § 7-31-28 Recording of notice of default
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A copy of the notice with proof of service thereof, and the affidavit of the county auditor showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie evidence of the facts therein stated. Source: …
SDCL § 7-31-29 Reinstatement of installment contract on compliance with conditions--Termination on failure to comply
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If within the time mentioned in the notice, the person served complies with such conditions and pays the costs of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided in §
SDCL § 7-31-3 Classification of county - owned land--Procedures for management--Reclassification of land--Classification of newly acquired land
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In order to carry out the purposes described in § 7-31-1 the board of county commissioners may classify county - owned land into two classes which shall be called class one land and class two land. Such classification shall be based on the method of sale and leasing which will be…
SDCL § 7-31-30 Proceedings to set aside installment contract in default
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In lieu of or in addition to the forfeiture by notice as hereinbefore provided, in the discretion of the board of county commissioners such contract may be set aside by an action in the circuit court of the county in which said real estate is situated, under the proceedings provi…
SDCL § 7-31-31 Apportionment of proceeds of sale of land
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The proceeds of any sale of land bid in and acquired pursuant to chapters 10-23 , 10-25 , and 10-26 , after deducting the expenses incurred by the county in the proceedings to take tax deed and in such sale proceedings, shall be placed to the credit pro rata of the various funds …
SDCL § 7-31-32 Exchange of isolated tracts--Advertising and appraisement not required
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In order to carry out the purpose of this chapter and to provide for efficient administration and management of county lands and to secure the maximum revenue therefrom the board of county commissioners are hereby authorized and empowered to exchange by transfer of title or lease…
SDCL § 7-31-33 Adjustment between taxing districts after exchange of lands
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Where the exchange of land shall result in the acquisition by the county of land in a different taxing district than the land which the county has exchanged for, the county commissioners shall pay or adjust any claim for taxes which such district or districts may have against suc…
SDCL § 7-31-34 Method of sale of school mortgage lands unaffected
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Nothing in §§ 7-31-1 to 7-31-33 , inclusive shall change the method of sale of county - owned land acquired in satisfaction of a school - fund loan mortgage or through foreclosure of such except that the same may be classified, leased, and managed as provided in said sections. So…
SDCL § 7-31-35 Appeal from county commissioners to circuit court
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Any person aggrieved by any decision of the board of county commissioners upon matters pertaining to §§ 7-31-1 to 7-31-34 , inclusive, shall have the right to appeal to the circuit court, and the procedure of such appeal shall be the same as now provided for by law for appeals fr…
SDCL § 7-31-36 Short title of law
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Sections 7-31-1 to 7-31-36 , inclusive, may be known as the County Land Administration and Management Law. Source: SL 1939, ch 25 , § 1; SDC Supp 1960, § 12.3401.
SDCL § 7-31-37 Oil and gas pooling agreements permitted
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The boards of county commissioners of the several counties of the state are hereby authorized in their discretion, to enter by resolution into agreements, with respect to acreage or oil or gas rights owned by the several counties, for the pooling of such acreage with other acreag…
SDCL § 7-31-38 Mineral, oil and gas leases permitted
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To foster and encourage the development and exploitation of mineral, oil, gas, or other substances or commodities among the natural and physical resources of the State of South Dakota, and for the purpose of developing the resources, and operating and carrying on works of interna…
SDCL § 7-31-39 Royalty agreements required in oil and gas leases
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All such leases as described in § 7-31-38 shall provide for the delivery to the said county in the pipeline to which said lessee may connect the wells, of a royalty of one - eighth of the oil or gas produced, saved, and marketed from the leased lands, or the equivalent proportion…
SDCL § 7-31-4 Lease of class one grazing land
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Class one land and all county land in those counties which have not by resolution of the board of county commissioners established a classification may be leased as follows: all grazing land classified as class one land belonging to any county of this state, acquired in satisfact…
SDCL § 7-31-40 Assignment of mineral, oil and gas leases
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All leases issued under the provisions of § 7-31-38 shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the said county. The term legal subdivision as used in this section shall be construed in its or…
SDCL § 7-31-41 Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default
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The board of county commissioners of any county is hereby authorized to cancel any lease issued as provided in § 7-31-38 for nonpayment of rentals, if any are required by the lease, or for nonperformance by the lessee of any provision or requirement of the lease; provided, howeve…
SDCL § 7-31-42 Customary provisions inserted in mineral, oil and gas leases
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The board of county commissioners is authorized to insert in the leases issued under the provisions of §§ 7-31-38 to 7-31-41 , inclusive, such general provisions as are customary and proper for the protection of the rights of the lessor and of the lessee of the leased lands, and …
SDCL § 7-31-43 Power of county commissioners to withhold land from oil and gas leasing
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Nothing contained in §§ 7-31-38 to 7-31-42 , inclusive, shall be construed as requiring the board of county commissioners of any county to lease any tract or tracts of land, nor to offer to lease the same, and said board of county commissioners shall have power to withhold any tr…
SDCL § 7-31-44 Sale or other disposition of oil and gas rights
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The said board of county commissioners is likewise hereby authorized to sell, assign, or otherwise dispose of any leases to, or interests in, any of said oil or gas rights mentioned in §§ 7-31-38 to 7-31-43 , inclusive, or any fraction or part thereof belonging to said county, an…
SDCL § 7-31-45 Appointment of county agents for management and sale of school mortgage and tax - deed lands
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The board of county commissioners of any county in this state which has an area of two hundred fifty thousand acres or more in which five percent or more of the taxable land of said county has been acquired, or which is subject to acquisition by the county, through the foreclosur…
SDCL § 7-31-46 County commissioners to direct managing agents--Contracts on behalf of county
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Such agent or agents shall act under the direction of the board of county commissioners and with the approval of such board shall enter into all necessary contracts on behalf of the county for the lease or rental of any lands, the title to which has been or may hereafter be acqui…
SDCL § 7-31-47 Assistance by agents in tax - deed and mortgage - foreclosure proceedings
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Such agent or agents shall also at the direction of the board assist the county treasurer in the preparation and institution of tax - deed proceedings on behalf of the county and render any necessary assistance to the board and the county auditor in the sale of real property acqu…
SDCL § 7-31-48 Compensation of managing agents--Clerical assistance and supplies
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Any agent or agents employed under the provisions of § 7-31-45 shall receive such compensation as may be determined by the board of county commissioners, and the board shall have authority to employ any clerical help and provide any office space and office supplies which may be n…
SDCL § 7-31-5 Lease of class two land--Conservation measures required
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Class two land shall be leased according to provisions prescribed by the board of county commissioners provided, however, no such lease shall be entered into unless the board of county commissioners in order to conserve and protect the existing forage resources of such county lan…
SDCL § 7-31-6 Termination of leases on class two land on reclassification or failure of lessee to abide by regulations
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Leases on class two land may be terminated at the option of the board of county commissioners if the lessee fails to abide by the regulations as to use and protection of the land or to pay the annual rental in advance provided that leases on class two land may be terminated by re…
SDCL § 7-31-7 Permit to erect improvements on leased land--Ownership of improvements
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Whenever any land of a county has been leased, the board of county commissioners may grant to the lessee of such land a permit to erect thereon buildings, corrals, fences, well apparatus, wells, dams, and other water facilities; provided, that in no event shall the county become …
SDCL § 7-31-8 Removal of improvements on termination of lease--County property if not removed
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When improvements have been constructed in accordance with a permit, as provided in § 7-31-7 , and the owner of the improvements ceases to lease such lands, he may remove such improvements as are physically capable of removal within ninety days of the termination of his lease. If…
SDCL § 7-31-9 Payment to lessee for improvements not capable of removal--Time of valuation
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A subsequent lessee or a purchaser of the land shall pay the prior lessee the reasonable value of improvements erected by him within permission of the board of county commissioners, that are not physically capable of removal, and such payment shall be made before a lease, contrac…