Title 41, GAME, FISH, PARKS AND FORESTRY

There is hereby created in the state treasury the Custer State Park concession bond redemption fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Game, Fish and…

The first one hundred thousand dollars of revenue from the concession contracts at Custer State Park in each fiscal year shall be deposited in the Custer State Park fund. Any state revenue from concession contracts at Custer State Park in addition to one hundred thousand dollars …

It is a Class 2 misdemeanor for any person owning, having charge of, or possessing any horses, mules, cattle, goats, sheep, swine, or other domestic grazing animals, to cause or permit such animals to enter or graze upon any state park or game preserve within this state, except o…

It is a Class 2 misdemeanor for any person passing or driving any animal or conveyance through any gate located within or upon the borders of any state or federal park or game preserve within this state to fail to close and securely fasten such gate immediately after such passage…

The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right - of - way acquired pursuant to the rails to trails progra…

An individual may not operate a motorized vehicle within the right-of-way of the George S. Mickelson Trail. This section does not apply to: (1) An individual operating a snowmobile, from December first to March thirty-first, inclusive, on the trail from Lead/Deadwood south to the…

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26 , to permit the use of golf carts on roads within state parks and state recreation areas that are designated by the commission to be used by golf carts. The rules shall require that the golf cart…

The Department of Game, Fish and Parks may, with the approval of the Governor and commissioner of human resources and administration, purchase, construct, or otherwise acquire, or contract for the feasibility survey, construction, completion, equipping, or furnishing of any recre…

To accomplish the provisions and purposes of § 41-17-4 , the Department of Game, Fish and Parks may issue revenue bonds in such amounts as the Game, Fish and Parks Commission deems necessary. The bonds shall be authorized by resolution of the commission and approved by the Govern…

The Game, Fish and Parks Commission may pledge park license receipts and any revenues derived from the operation of any recreational facility constructed with income derived from the issuance of the bonds authorized pursuant to § 41-17-5 as security for any bonds issued under § 4…

All bonds issued under the authority of this chapter shall recite in substance that such bonds and interest thereon are payable solely from the revenues pledged to the payment thereof and that such bonds do not constitute a debt of the State of South Dakota within the meaning of …

Bonds issued under the authority of this chapter may be sold in a manner and upon terms as the Game, Fish and Parks Commission may determine to be for the best interest of the state. All bonds issued hereunder shall have all the qualities of negotiable instruments. Source: SL 195…

No bond, indebtedness, or obligation incurred or created under the authority of this chapter constitutes a lien, charge, or liability against the State of South Dakota, nor against the Game, Fish and Parks Commission, nor against the property or funds of this state except to the …

The acquiring, improving, and maintaining of public parks and the creation and maintaining of bodies of water by counties is declared to be a public purpose. The commissioners of the several counties may acquire for this purpose by gift, purchase, or condemnation, property within…

If bonds of the county are issued for the purpose of acquiring or improving a public park and creating bodies of water in the park, the proceeds of the bonds shall be deposited with the county treasurer in a fund to be designated as a county park fund and shall be paid out only u…

The board of county commissioners may acquire and condemn private property within the county for the uses and purposes of public parks and bodies of water in the county if and to the extent that the property is deemed necessary for such purposes. The board may pay for all propert…

Except as provided in § 41-18-13 the board of county commissioners, in acquiring the property for any one park or project and creating bodies of water in the park or project under the provisions of this chapter, may not expend a total amount exceeding one dollar per thousand doll…

If the county borrows money and issues bonds for the purpose of a park or project and creating bodies of water in the park or project, the expenditure is not limited to one dollar per thousand dollars of taxable valuation on the assessed valuation of the property within the count…

If an agreement is reached with the owner of the property or any portion of the property for a reasonable price for the property, the board of county commissioners shall pass a resolution for the purchase of the property or any portion of the property. The resolution shall contai…

If the board of county commissioners deems it necessary to take, damage, or condemn any private property or any portion of the property for any of the purposes mentioned in § 41-18-11 , the board shall by proper resolution declare the necessity of the taking or damaging, stating …

If upon condemnation proceedings, a judgment is entered that will cause the limitation in § 41-18-12 to be exceeded on a particular park or project, or if the board of county commissioners deems the judgement excessive, the costs of the proceeding including a reasonable attorney'…

If it is determined advisable as provided in this chapter to construct or create any body of water within any county park, the board of county commissioners may acquire by the same method as provided in this chapter an amount or quantity of land surrounding or adjoining the body …

The board of county commissioners may grant easements upon or transfer title to any part of any property acquired pursuant to this chapter, suitable for the creation of a body of water, to the United States government or any branch or department of the United States government in…

If the board of county commissioners decides to sell any lots or tracts surrounding any such body of water or adjoining any portion of the body of water, the commissioners shall first cause the land to be surveyed and platted into lots and blocks and streets or drives. The board …

If property described in § 41-18-1 or any portion thereof is offered to the county as a gift for the purpose described therein, the commissioners may without the necessity of a petition of freehold voters as provided for in § 41-18-3 , accept such gift by resolution passed at a r…

After a survey and platting pursuant to § 41-18-19 , the board of county commissioners shall appoint three appraisers who shall appraise the lots and tracts. The proceeding for the appraisal of the lots and tracts shall be the same as provided for the appraisal of the estates of …

After the appraisers have, pursuant to § 41-18-20 , fixed the valuation of each lot and tract, the county, through its board of county commissioners, may sell the lots and tracts or any portion of the lots and tracts for not less than the appraised value. No lot or tract may be s…

In the sale of lots and tracts pursuant to § 41-18-21 , the board of county commissioners may designate the terms upon which the sales may be made and the rate of interest deferred payments shall bear. The board may make contracts for the sale and make conveyance if the purchaser…

Any money received from the sale of lots and tracts pursuant to § 41-18-21 shall be deposited as provided in this section. If the county borrows money and issues its bonds for the creation of any county park or for creating bodies of water in the park, the money so received shall…

The county commissioners shall have charge of the improvement and maintenance of public parks established pursuant to this chapter, the expense thereof to be paid on their order by warrants upon the park fund. Source: SDC 1939, § 12.2412; SL 1947, ch 44 , § 2.

No dance hall may be built within one mile of a county park unless by permission of the board of county commissioners. Source: SDC 1939, § 12.2410; SL 2009, ch 206 , § 124.

If three hundred or more freehold voters of any county file with the county auditor a petition setting forth that certain real property, therein described, within the county is desirable for the purposes of a public park and that it would be to the benefit of the public that the …

Notice of a hearing pursuant to § 41-18-3 shall be given by the county auditor by publication in a legal newspaper published in such county once a week for at least two successive weeks before the hearing. The notice shall specify the time and place of the hearing and shall ident…

If the county commissioners are satisfied that it is in the best interest of the public that property described in a petition under § 41-18-3 , or any part of the property, is to be acquired for the purpose of a public park, the commission shall cause an accurate survey to be mad…

If the county commissioners deem it necessary or desirable that the county borrow money for this purpose, the county may issue its bonds to purchase the lands for a park and create bodies of water and improve them. All bonds shall be authorized, issued, and sold as provided in ch…

The snowmobile trails fund established pursuant to § 32-5-9.2 is hereby appropriated for the administration of § 41-19-2 . Money in the fund shall accumulate without reversion at the close of the fiscal year. Source: SL 1973, ch 197 , § 4; SL 2009, ch 206 , § 125.

The Department of Game, Fish and Parks shall, as rapidly as the accumulation of funds in the snowmobile trails fund permits, establish state snowmobile trails and areas, and the Game, Fish and Parks Commission is hereby authorized to expend such funds for the acquisition or leasi…

Disbursements from the snowmobile trails fund shall be paid on warrants drawn by the state auditor on vouchers approved by the Game, Fish and Parks Commission. Source: SL 1973, ch 197 , § 4.

The use of state snowmobile trails and areas acquired, leased, developed, or improved by the department under the provisions of this chapter by any person operating any snowmobile other than a licensed snowmobile as defined by § 32-20A-1 , is a Class 2 misdemeanor. Source: SL 197…

The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right - of - way or public land. The Department of Game, Fish and Parks may place signs within any public right - of - way providing directions to a state owned or m…

Terms used in this chapter, mean: (1) "Certificate of treatment," a written statement by the state forester certifying treatment of a forest insect or disease infestation on private land and containing information on the number of trees treated, location of the trees, ownership o…

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning: (1) The establishment of a register of qualified professional foresters for the referral of timber sale assistance requests; (2) Provisions for the removal of foresters fr…

The Department of Agriculture and Natural Resources shall employ a state forester who shall be qualified for and authorized to carry out all the activities necessary for the management, protection, harvest, and sale of timber for all interested state agencies. Source: SL 2013, ch…

The state forester, under the direction of the Department of Agriculture and Natural Resources, shall administer and enforce all state laws with reference to forests, woodlands, trees, and tree plantations, public and private, and shall provide for their health and protection fro…

The state forester, with the sanction of the Department of Agriculture and Natural Resources, may, upon request, assist and cooperate with any agency of the United States government; all state, county, and municipal agencies; and with any corporation, association, partnership, or…

The state forester shall cooperate with the secretary of the United States Department of Agriculture in providing assistance to owners of land in tree planting and in the procurement of forest, ornamental, and fruit trees, seeds, and plants so that the seeds or plants are used ef…