Title 5, PUBLIC PROPERTY, PURCHASES AND CONTRACTS

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.

Except in the Black Hills Forest Fire Protection District where it is a Class 1 misdemeanor, it is a Class 2 misdemeanor for any person to start or allow to start an open fire on public lands owned, leased, controlled, or managed by the state or any political subdivision of the s…

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…

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…

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…

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…

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…

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 § 5-4-2 . Source: SL 1963, ch 470 .

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…

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 .

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 § 43-13-16.1 . The commissioner of school and public lands may also provide for wind leases and solar leases. The grant of an easemen…

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 …

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 …

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…

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…