Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS
34 chapters · 628 sections in this title.
SDCL § 5-4-1 Claim not acquired by occupancy by trespasser--Right to remove improvements
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No claim to any school or public lands by any trespasser thereon by reason of occupancy, cultivation, or improvement thereof shall be recognized; nor shall compensation be made on account of any improvements made by any such trespasser; provided, any person who has heretofore ent…
SDCL § 5-4-11 Unauthorized removal of wood from school or public lands as misdemeanor
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Any person who shall cut, remove, or attempt to remove any wood belonging to any school, public, or endowment lands without first having obtained permission from the commissioner of school and public lands so to cut and remove said wood is guilty of a Class 1 misdemeanor. Source:…
SDCL § 5-4-12 Waste on public lands as misdemeanor
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This section applies to any public lands under the jurisdiction, administration, or control of the commissioner of school and public lands. Any person who, without being duly authorized: (1) Commits waste or depredation on such lands; (2) Removes, or attempts to remove from such …
SDCL § 5-4-13 Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered
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Any person who violates any provision of § 5-4-11 or 5-4-12 shall, in addition to the criminal action therein provided for, be liable in a civil action for double the minimum rental of any legal subdivision used in whole or in part, and for double the damages otherwise resulting …
SDCL § 5-4-14 Preparation of advertisements--Publication--Signature
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The commissioner of school and public lands shall prepare all advertisements provided for in this title, cause them to be published and sign them as commissioner. Source: SL 1911, ch 224 , §§ 40, 41; RC 1919, §§ 5664, 5665; SDC 1939, § 15.0607; SL 1984, ch 34 , § 8.
SDCL § 5-4-16 Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace
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It is a Class 1 misdemeanor for any person to start or allow to start an open fire and fail to extinguish that fire on public lands owned, leased, controlled, or managed by the state or any political subdivision of the state regardless of whether the fire was started in an approv…
SDCL § 5-4-17 Liability for damages
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Anyone engaging in any of the activities prohibited by § 5-4-15 , 5-4-16 , or 34-35-9 is liable for all damages caused by the fire and all fire suppression and extinguishment costs. Criminal prosecution is not a prerequisite to liability for damages or for fire suppression and ex…
SDCL § 5-4-18 Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage
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Upon the request of the Governor and the sheriff of the county where the public land is situated, the commissioner of school and public lands may prohibit any group larger than twenty persons from congregating upon any tract of land under the supervision of the commissioner of sc…
SDCL § 5-4-2 Right - of - way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water
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There is hereby granted over all school and public lands, now or hereafter belonging to the state, a right - of - way for ditches or canals and for tunnels, tramways and telephone and electrical transmission lines, constructed by authority of the United States. There is also here…
SDCL § 5-4-3 Map of waterworks to be filed
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Prior to the construction of any canal, ditch, or waterway over or across any school or public lands of this state under the provisions of § 5-4-2 , there shall be filed in the Office of the Commissioner of School and Public Lands a map or plat of such proposed canal, ditch, or w…
SDCL § 5-4-4 Validation of conveyances and reservations containing obsolete statutory reference
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Any and all conveyances, contracts, or reservations made subject to SDC 61.0147 and executed and delivered subsequent to July 1, 1955, are deemed to have been executed and delivered subject to the provisions of §
SDCL § 5-4-5 Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical
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The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable ter…
SDCL § 5-4-5.1 Easements for national guard training sites
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The commissioner of school and public lands shall have authority to grant to the South Dakota National Guard training site easements on public lands for the use of the national guard at their request and with concurrence of the lessee. Source: SL 1976, ch 56 .
SDCL § 5-4-5.2 Wind and solar easements and leases
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The commissioner of school and public lands may grant to any person a wind easement, as defined in § 43-13-16 , or a solar easement, as defined in §
SDCL § 5-4-6 Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract
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Upon petition of a governing board of any state agency, county board, school district board, or organized township board of the state to the commissioner of school and public lands said commissioner of school and public lands may withhold from regular leasing any tract of school …
SDCL § 5-4-7 Purposes for which land may be placed under local administration--Rules and regulations
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Whenever it shall be the opinion of the commissioner of school and public lands, after presentation of the petition provided in § 5-4-6 , and upon investigation of the facts therein contained he shall if, in his opinion, the interests of the citizens of the community can best be …
SDCL § 5-4-8 Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase
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The agreement authorized by § 5-4-6 shall be for a term of five years and may be renewed for an additional term of five years upon approval by the commissioner of school and public lands of an application for such renewal. Provided, however, that the agreement may be terminated a…
SDCL § 5-4-9 Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee
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Permits to place improvements on such lands shall be granted in such manner as permits are granted on all leased school and endowment lands or lands held in trust for the State of South Dakota and upon termination of the agreement mentioned in § 5-4-6 the subsequent lessee or the…