Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS
34 chapters · 628 sections in this title.
SDCL § 5-3-5 Selection of indemnity lands for land within federal reservations--Retention of land with peculiar value to state
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When the commissioner of school and public lands shall ascertain that sections sixteen and thirty - six, or any part thereof, granted to the state, are or have been lawfully included and embraced within any forest or other reservation established under or by authority of any act …
SDCL § 5-3-6 Selection of indemnity lands for land in lake or navigable river
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When the commissioner of school and public lands ascertains that what, if surveyed, would be sections sixteen and thirty - six, or any part thereof, granted to the state, falls upon any lake or navigable river, and that the quantity of land intended to be conveyed as sections six…
SDCL § 5-3-7 Exchange of common school, indemnity, or endowment land--Conditional exchange
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The commissioner of school and public lands may exchange, with the approval of the Governor and following a public hearing, any common school, indemnity, or endowment land for any land located within the State of South Dakota of like appraised value. The commissioner may also exc…
SDCL § 5-3-7.1 Conservation easement for state land exchanged or sold
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The State of South Dakota, when exchanging land pursuant to § 5-3-7 or selling land pursuant to chapter 5-9 , may hold a perpetual conservation easement preserving the archaeological and paleontological aspects on such land to protect the public interest. The conveyance documents…
SDCL § 5-3-9 Islands and accumulations within streams and lakes administered as school lands--Exceptions
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All islands and accumulations of land formed in the beds of navigable streams and meandered lakes, except on the Missouri River below the Fort Randall power plant and Lake Francis Case, belonging to the state shall be under the supervision of the commissioner of school and public…
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…
SDCL § 5-5-1 Definition of terms
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Terms used in this chapter mean: (1) "Commissioner," the commissioner of school and public lands; (2) "Lease," the original lease or a certified copy thereof; (3) "Lessee," the original lessee, or the assignee of such lease, provided the assignment has been made upon the reverse …
SDCL § 5-5-10.1 Appraisal of grazing lands--Definition of terms
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Terms used in §§ 5-5-10.2 to 5-5-10.4 , inclusive, mean: (1) "Animal unit," one cow and calf, one horse, five sheep, or five goats; (2) "Annual animal carrying capacity," the number of acres needed for one animal unit to subsist on natural forage, on a given tract of land for one…
SDCL § 5-5-10.2 Commissioner's duty concerning appraisals and records
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It shall be the duty of the commissioner of school and public lands, as rapidly as practicable, to cause the grazing lands administered by the state to be appraised as to their annual animal carrying capacity, and to make and preserve a record thereof in his office, and at least …
SDCL § 5-5-10.3 Factors considered in appraisals of grazing lands
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In appraising such grazing lands the following factors shall be taken into consideration: (1) Inventory of the forage resources: kind, amount, and location of vegetation; (2) Accessibility and usability of the forage resources as influenced by topography, availability of stock wa…
SDCL § 5-5-10.4 Minimum annual rental for grazing lands--Formula
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The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the commissioner. The minimum annual rental rate per acre shall be at the rate at which bidding shall start. In fixing the minimum an…
SDCL § 5-5-11 Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal
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All rents, except rents from sharecropping which shall be paid after the crop has been harvested, shall be paid annually in advance. No term of lease may exceed five years, nor is any lease valid until it receives the approval of the Governor. However, any lessee of such common s…
SDCL § 5-5-12 Short - term leases acceptable--Leasing without readvertisement--Entitlement to new five - year lease
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The commissioner of school and public lands may accept a bid for a lease covering a period of one year or more, not exceeding five years, and in case no bids or proposals are made for any term, under the publication required in § 5-5-5 , or in case of a failure from any cause to …
SDCL § 5-5-13 Special four - year leases for approved land renovation practices--Cancellation--Entitlement to new five - year lease
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The commissioner may lease agricultural and grazing lands for the period of up to four years for the purpose of approved land renovation practices such as summer - fallowing, mechanical or chemical control, ripping, furrowing, contouring, deferred grazing, wildlife production, or…
SDCL § 5-5-14 Provisions for sale or exchange of land unimpaired--Cancellation of lease to permit sale or exchange
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Nothing herein contained in any way prevents the sale or exchange of common school, indemnity, or endowment lands as provided in §§ 5-3-7 and 5-9-1 nor prevents the commissioner of school and public lands from incorporating, into each lease a sales clause permitting the cancellat…
SDCL § 5-5-15 Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved
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If the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, the bidder shall at once deposit with the commissioner the amount specified as the annual rental for the tract. A lease of such tract shall be prepared in duplicate, according to …
SDCL § 5-5-16 Rent payable annually in advance to commissioner
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Except as otherwise provided, the rent for all leased lands must be paid annually in advance and must be promptly paid when due, to the commissioner of school and public lands. Source: SL 1917, ch 339 , § 12; RC 1919, § 5644; SL 1933, ch 172 , § 1; SDC 1939, § 15.0409; SL 1988, c…
SDCL § 5-5-17 Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action
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Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent jurisdiction in the county in which the land i…
SDCL § 5-5-18 Agricultural lessee to clear weeds and pests
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Any person leasing school or endowment lands for agricultural purposes shall destroy all noxious weeds and pests on any lands so leased pursuant to chapter 38-22 . Source: SL 1917, ch 339 , §§ 14, 16; RC 1919, §§ 5646, 5648; SDC 1939, § 15.0411; SL 1985, ch 37 , § 4.
SDCL § 5-5-19 Waste and burning on leased lands prohibited--Action for forfeiture and damages
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No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and sh…
SDCL § 5-5-2 Definition of "agricultural purposes."
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Whenever the term "agricultural purposes" is used in this chapter, it means for the purpose of tilling, planting, and producing crops, but does not include grazing land. Source: SL 1917, ch 339 , § 20; RC 1919, § 5652; SDC 1939, § 15.0401; SL 1985, ch 37 , § 2.
SDCL § 5-5-20 Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting
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The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the commissioner. The commissi…
SDCL § 5-5-21 Action to enforce prohibition against subletting--Disposition of proceeds
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Any action to enforce the provisions of § 5-5-20 shall be prosecuted by the state's attorney of the county, if the state's attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The gross amount award…
SDCL § 5-5-22 Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor
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In offering any land for leasing or at any time after the lease has been made, the commissioner of school and public lands may grant to any lessee of land under the provisions of this chapter a permit to erect thereon such buildings, corrals, fences, and well apparatus as may be …
SDCL § 5-5-23 State ownership of improvements not removed--Permit renewed by new lease by same lessee
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If such improvements are not removed in the manner and within the time specified in § 5-5-22 or within such further period as may be granted by the commissioner of school and public lands for good cause shown, or unless such improvements are disposed of as hereinafter provided, t…
SDCL § 5-5-24 Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal
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After the first day of September of the last year of such lease on land for agricultural purposes, the lessee may apply for and may receive a permit from the commissioner of school and public lands in the same manner as other permits for improvements are granted for fall tillage …
SDCL § 5-5-25 Notice to lessee of expiration of lease--Rental rate for extension
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The commissioner shall notify each lessee by certified or registered mail directed to his post office address, as shown by the records in the office of the commissioner, on or before the first day of November first preceding the expiration of each lease that such lease will expir…
SDCL § 5-5-27 Extension or renewal on application by lessee--Cancellation of lease on failure to renew
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If the lessee wishes to exercise the option to receive a new lease, the lessee shall sign one copy of the duplicate notice mailed to the lessee by the commissioner. The lessee shall return it to the commissioner on or before the first day of December preceding the expiration date…
SDCL § 5-5-28 Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee
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Whenever the commissioner of school and public lands shall offer any school or endowment agricultural lands for re - leasing before the expiration of an existing lease and the lands are leased to any person other than the holder of the unexpired lease, such lease shall permit the…
SDCL § 5-5-29 Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements
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If any permitted improvement is located on any school or endowment land and the land has been offered for lease or sale and a person other than the owner of the improvement is the highest bidder, the bidder shall deposit with the county auditor a receipt showing payment of the am…
SDCL § 5-5-3 Designation of lands to be leased--Establishment of regulations
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The commissioner of school and public lands shall designate from time to time such lands as may be leased for meadow and pasturage purposes only, also such lands as may be leased for either meadow and pasturage, or for agricultural purposes. The commissioner shall establish such …
SDCL § 5-5-30 Application by owner of improvements for appraisal--Deposit for cost of appraisal
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If the owner of the improvement described in § 5-5-29 elects not to remove the improvement and the owner does not agree with the successful bidder on the value of the improvement, the owner shall within five business days from the date on which the land is offered for lease or sa…
SDCL § 5-5-31 Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability
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Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate…