34 chapters · 628 sections in this title.
SDCL § 5-9-39 Conservation easement for certain state land conveyed to another party
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If the federal government conveys the fee title of any land to the State of South Dakota and that land is under the management of the Office of School and Public Lands, the Office of School and Public Lands may reconvey the fee title to another party if the land is no longer used…
SDCL § 5-9-4 Designation and appraisal of separate tracts for sale--Reappraisal of unsold land
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Such lands as shall not have been specially subdivided shall be designated and offered for sale in separate tracts of not more than eighty acres each, and the smallest subdivisions of those so subdivided shall be separately designated and offered for sale. The Board of Appraisal …
SDCL § 5-9-5 Offer to purchase particular tract--Forfeiture or return of payment
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Any person may file with the commissioner of school and public lands a written offer on any tract, which offer shall be accompanied by a payment of fifty cents for each acre in the tract on which the offer is made. If the tract of land is selected for sale in the year in which th…
SDCL § 5-9-6 Publication of notice of land sale--Selection and appraisal to be concurrent
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If land situated in a county is selected and designated for sale by the commissioner of school and public lands pursuant to the provisions of § 5-9-1 , the land shall be advertised for sale at public auction by the publication of a notice of the sale, stating the time and place a…
SDCL § 5-9-7 Certification and publication of description and appraised price of land offered
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Fifteen days before the date of sale the commissioner of school and public lands shall certify to the county auditor, the description and appraised price of the land to be offered and shall cause the same to be published in the legal newspapers of the county for two publications.…
SDCL § 5-9-8 Commissioner to conduct sales
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All sales shall be conducted through the Office of the Commissioner of School and Public Lands. The commissioner shall at the time appointed direct the sale of the lands designated. In case the commissioner is unable to act, the duties prescribed in this section and §§ 5-9-9 to 5…
SDCL § 5-9-9 Time and place of sale--Minimum price--Adjournment of sale--Record of sales
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Such lands shall be sold at public auction to the highest bidder, at the courthouse of the county in which the lands are situated; or, if there be no courthouse, at the building in which the office of the county auditor is located, and between the hours of ten a.m. and five p.m. …
SDCL § 5-10-1 Assignment of receipts from leases, interest, and land sales to income and permanent funds
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The income from the leased lands of each class of school and public lands and the interest on the permanent fund of that class shall be assigned by the state treasurer to a fund to be known as the interest and income fund of such class. However, the income from any commercial lea…
SDCL § 5-10-1.2 Endowed institution interest and income fund--Allocation
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The commissioner of school and public lands shall deposit revenue collected for state endowed institutions under the control of the Board of Regents, pursuant to § 5-10-1 and chapters 10-4 and 10-6 , in the Board of Regents endowed institution interest and income fund, created by…
SDCL § 5-10-10 Repealed by SL 1980, ch 46 , § 4
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5-10-11 5-10-11 , 5-10-12. Repealed by SL 1982, ch 53 , §§ 4, 5. 5-10-13 5-10-13 , 5-10-14. Repealed by SL 1988, ch 49 , §§ 6, 7. 5-10-15
SDCL § 5-10-15 Repealed by SL 1982, ch 53 , § 6
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5-10-16 Delivery of payment by lessee or purchaser to state treasurer. 5-10-17 Credit to school and endowment fund. 5-10-18 Investment of permanent school funds. 5-10-18.1 5-10-18.1 , 5-10-18.2. Repealed by SL 2001, ch 26 , §§ 7, 8. 5-10-18.3 Adjusting funds by rate of inflation-…
SDCL § 5-10-16 Delivery of payment by lessee or purchaser to state treasurer
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Upon receipt of payment by a lessee or purchaser, if remitted in the proper form and in the proper amount, the commissioner of school and public lands shall forthwith deliver the payment to the state treasurer with instructions as to the fund to be credited. Source: SL 1945, ch 6…
SDCL § 5-10-17 Credit to school and endowment fund
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The state treasurer shall, upon receipt, credit such business receipts to the state school and endowment fund. Source: SL 1973, ch 37 , § 1.
SDCL § 5-10-18 Investment of permanent school funds
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The moneys of the common school permanent fund and other educational funds shall be invested by the State Investment Council, in accordance with the provisions of §
SDCL § 5-10-18.3 Adjusting funds by rate of inflation--Procedure
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In adjusting the principal of the common school permanent fund and other educational and charitable funds by the rate of inflation pursuant to Article VIII, Section 3 of the South Dakota Constitution, the State Investment Council shall proceed as follows: (1) The inflation adjust…
SDCL § 5-10-2 Repealed by SL 1980, ch 46 , § 1
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5-10-3 Accounts and records maintained by commissioner. 5-10-4 Supervision by commissioner of collections, apportionment, and distribution of funds. 5-10-5 Annual statement to counties of sale and lease payments coming due. 5-10-6 Apportionment among counties and institutions of …
SDCL § 5-10-23 Bidding and purchase by state at judgment sale of school and public lands
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Whenever any real property is sold to satisfy a judgment in favor of the state in any action relating to the school and public lands, it shall be the duty of the commissioner of school and public lands to represent the state as a bidder at such sale and, if he shall purchase such…
SDCL § 5-10-24 Maximum price bid by state--Allowance for prior encumbrances
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The maximum price which the commissioner of school and public lands shall bid for any such property at any such sale shall be determined by an appraisement, to be made in the same manner that the school and public lands of the state are by law required to be appraised, but such p…
SDCL § 5-10-25 Disposition of proceeds of judgment
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All money received as the proceeds of any such sales, or in satisfaction of any judgment obtained in favor of the state in any such action shall be paid to the state treasurer and by him be divided and apportioned according to law. Source: SL 1911, ch 224 , § 85; RC 1919, § 5715;…
SDCL § 5-10-3 Accounts and records maintained by commissioner
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The commissioner of school and public lands shall keep an accurate account of all money due or to become due the state on account of sales and leases of school and public lands and the interest arising from the loaning of the permanent school fund. Source: SL 1911, ch 224 , §§ 38…
SDCL § 5-10-32 Repealed by SL 1980, ch 46 , § 7
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5-10-33
SDCL § 5-10-33 Repealed by SL 1974, ch 47 , § 3
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5-10-34 Reporting status of common school interest and income fund and status of common school apportionment.
SDCL § 5-10-34 Reporting status of common school interest and income fund and status of common school apportionment
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The commissioner of school and public lands shall report the status of the common school interest and income fund to the superintendents of the common schools on a quarterly basis. The commissioner of school and public lands shall report the status of the common school apportionm…
SDCL § 5-10-4 Supervision by commissioner of collections, apportionment, and distribution of funds
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The commissioner of school and public lands shall have supervision of the collection of all money due the state for the purposes aforesaid, and of the apportionment and distribution of such funds to the several counties and public institutions of the state. Source: SL 1911, ch 22…
SDCL § 5-10-5 Annual statement to counties of sale and lease payments coming due
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The commissioner of school and public lands shall on or before the fifteenth day of December of each year furnish to the treasurer of each county a full statement of the principal and interest on sales and rental on term leases falling due in such county on the first day of Janua…
SDCL § 5-10-6 Apportionment among counties and institutions of income from school lands and funds
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The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3 , shall make a division and apportionment of all funds derived from the leasing of school and public lands, from interest, dividends, and other income on all invested fu…
SDCL § 5-10-7 County treasurer's receipts for payments by lessees and purchasers--Disposition of copies
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The county treasurer shall, for all money paid to him by any lessee or purchaser, execute triplicate receipts, and shall deliver one receipt to the person paying the same, transmit one receipt and the accompanying payment to the commissioner of school and public lands, not later …
SDCL § 5-11-1 Certification by commissioner of school and endowment land lessees and acreage
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The commissioner of school and public lands shall on or before June first of each year certify to the auditor of each county where school and endowment land exists a list of all school and endowment lands in the county, and name and address of each lessee and the number of acres …
SDCL § 5-11-1.1 Forfeiture of lease for failure to pay tax--Collection procedures
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Any person who has leased school and endowment lands shall forfeit that lease if that person fails to pay the tax levied upon the leased lands by November first of the year in which it is due and payable. If the tax remains delinquent, each county may proceed with collection unde…
SDCL § 5-11-2 Computation of value of school lands in county and addition to tax base--Restricted purpose of addition to tax base
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The county auditor of each county having within its boundaries school and endowment lands shall ascertain the average assessed valuation per acre of all taxable agricultural lands within the county, after the assessment of such lands have been finally equalized by the boards of e…
SDCL § 5-11-3 Computation of value of school lands within school districts--Addition to tax base
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The county auditor of each county shall ascertain the average assessed valuation per acre of all taxable agricultural lands within the several school districts of his county, within the boundaries of which are school and endowment lands after the assessments of such lands have be…
SDCL § 5-11-6 Distribution of payments in lieu of taxes
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The county auditor shall distribute federal and state payments in lieu of tax proceeds in the same manner as taxes are distributed. Source: SL 1965, ch 256 , § 5; SL 1977, ch 47 , § 2; SL 1979, ch 33 , § 1. 5-11-7. Repealed by SL 1977, ch 47 , § 3.
SDCL § 5-11-8 Payments in lieu of taxes on land held by state institutions
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In addition to the payments heretofore provided for in this chapter the equivalent of taxes shall be determined and paid in like manner on all lands exclusive of the structure thereon located outside of the corporate limits of municipalities and owned by the State of South Dakota…
SDCL § 5-12-1 Authority created--Composition--Initial terms--Political affiliation--Chairman
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There is created the South Dakota Building Authority, a body corporate and politic, to consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: one member four years; two members thre…
SDCL § 5-12-1.1 Authority continued within Bureau of Finance and Management--Records and reports
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The South Dakota Building Authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as re…
SDCL § 5-12-1.2 Meaning of United States Department of Agriculture Conservation Reserve Program
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For the purposes of §§ 5-12-1.2 , 5-12-7 , 5-12-8 , 5-12-8.1 , 5-12-16 , 5-12-19 , 5-12-20 , 5-12-22 , 5-12-23 , and 5-12-37 , United States Department of Agriculture Conservation Reserve Program means Subtitle D of Title XII of the United States Food Security Act of 1985, as ame…
SDCL § 5-12-10 Transfer of state property to authority
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Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property under its or his control to the Building Authority when such transfer is approved, in writing by the Gov…
SDCL § 5-12-11 Power of authority to acquire property--Methods of acquisition
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The Building Authority may acquire by purchase, condemnation (including the power of condemnation in accordance with chapter 21-35 ), gift or otherwise, construct, complete, remodel, maintain, and equip buildings and other facilities as the Legislature by law declares to be in th…
SDCL § 5-12-11.1 Standards and specifications to accommodate persons with disabilities
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The standards and specifications set forth in § 5-14-13 shall be adhered to by the Bureau of Human Resources and Administration during the construction phase and by the appropriate state agency thereafter in those buildings and facilities constructed by the South Dakota Building …
SDCL § 5-12-12 Plans and specifications for projects to be undertaken
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The Board of Regents and the Bureau of Human Resources and Administration on behalf of the executive branch or other agency of state government shall prepare plans and specifications for, and have supervision over, any project to be undertaken by the Building Authority for their …
SDCL § 5-12-13 Lease of facilities and sites to state agencies authorized--Commencement of payments under lease
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The Building Authority may execute leases of facilities and sites to, and charge for the use of any such facilities and sites by the Board of Regents, any officer, department, board, commission, or other agency of the State of South Dakota, or the commissioner of human resources …
SDCL § 5-12-14 Terms, conditions, and rental under leases--Annual extension provision
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Leases may be (1) Upon such terms, conditions, and rentals, subject to available appropriations, as in the judgment of the building authority are in the public interest, or (2) For a term of one year from the time the building is completed and ready for occupancy, with an option …
SDCL § 5-12-15 Lessee's option to purchase--Conveyance on exercise of option
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The lease may provide that the lessee may, at the expiration of the original or any extended term, purchase the leased premises at a stated price, which shall be the balance of the total cost of the erection of the building and appurtenances not amortized by the payments of rents…
SDCL § 5-12-16 Taxes and insurance added to rental properties--Authorization to self - insure
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The lease may provide that the lessee shall, as additional rent for the leased premises, pay, or provide for the payment of, all taxes assessed against the leased premises if any, and the cost of insuring the building erected thereon against loss or damage by fire and windstorm i…
SDCL § 5-12-17 Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable
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The Building Authority may, in the event of nonpayment of rents reserved in such leases, maintain and operate such facilities and sites or execute leases thereof to others for any suitable purposes. Such leases to the officers, departments, boards, commissions, other agencies, or…
SDCL § 5-12-18 Costs and reserves to be covered by rent and charges
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The charges, fees, or rentals established by the Building Authority for the use of any facilities acquired, constructed, completed, remodeled, or equipped in whole or in part with the proceeds of the bonds issued as provided in this chapter shall be sufficient at all times to pay…
SDCL § 5-12-19 Tax exemption of property owned or leased by authority--Exception
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Except as hereinafter provided, all land, improvements, and capital equipment owned by the Building Authority, or being leased or acquired by the authority pursuant to a lease having a fixed term plus renewal options exceeding three years, or a lease - purchase or installment pur…
SDCL § 5-12-2 Terms of members--Vacancies--Quorum
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All appointments to the South Dakota Building Authority shall be made for a four - year term. Each member's term of office shall expire on the appropriate third Monday in January, but he shall continue to hold office until his successor is appointed and qualified. Any vacancy in …
SDCL § 5-12-20 Resolutions for revenue bonds authorized--Purpose--Legislative approval required
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The Building Authority may provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of one or a combination of projects. However, no project may be let for construction, nor any revenue bonds be sold to raise the fun…
SDCL § 5-12-21 Purposes for which bonds issued--Refunding and refinancing--Pledge of income
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To accomplish projects of the kind authorized in this chapter, the Building Authority may borrow money and issue and sell bonds in such amount or amounts as the authority may determine for the purpose of acquiring, constructing, completing, or remodeling, maintaining or equipping…