Title 43 — PROPERTY

In this code, the thing of which there may be ownership is called property. Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.

Property is either: (1) Real or immovable; or (2) Personal or movable. Source: CivC 1877, § 162; CL 1887, § 2678; RCivC 1903, § 185; RC 1919, § 255; SDC 1939, § 51.0101.

Real or immovable property consists of: (1) Land; (2) That which is affixed to land; (3) That which is incidental or appurtenant to land; (4) That which is immovable by law. Every kind of property that is not real is personal. Source: CivC 1877, §§ 163, 167; CL 1887, §§ 2679, 268…

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. Source: CivC 1877, § 164; CL 1887, § 2680; RCivC 1903, § 187; RC 1919, § 257; SDC 1939, § 51.0103.

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks…

Real property within this state is governed by the law of this state, except where the title is in the United States. Source: CivC 1877, § 217; CL 1887, § 2733; RCivC 1903, § 240; RC 1919, § 310; SDC 1939, § 51.0401.

If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicile. Source: CivC 1877, § 359; CL 1887, § 2875; RCivC 1903, § 382; RC 1919, § 470; SDC 1939, § 51.0801.

The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.

The ownership of property by a single person is designated as a sole or several ownership. Source: CivC 1877, § 174; CL 1887, § 2690; RCivC 1903, § 197; RC 1919, § 267; SDC 1939, § 51.0210.

The ownership of property by several persons is either: (1) Of joint interests; (2) Of partnership interests; or (3) Of interests in common. Source: CivC 1877, § 175; CL 1887, § 2691; RCivC 1903, § 198; RC 1919, § 268; SDC 1939, § 51.0211.

A joint tenancy interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants. S…

Any deed, transfer, or assignment of real or personal property from husband to wife or from wife to husband which conveys an interest in the grantor's lands or personal property and by its terms evinces an intent on the part of the grantor to create a joint tenancy between granto…

Any deed, transfer, or assignment of real or personal property to two or more grantees, including any deed in which a grantor is also a grantee, which, by the method of describing such grantees or by the language of the granting habendum clause therein evinces an intent to create…

A partnership interest is one owned by several persons, in partnership, for partnership purposes. Source: CivC 1877, § 177; CL 1887, § 2693; RCivC 1903, § 200; RC 1919, § 270; SDC 1939, § 51.0213.

An interest in common is one owned by several persons not in joint ownership or partnership. Source: CivC 1877, § 178; CL 1887, § 2694; RCivC 1903, § 201; RC 1919, § 271; SDC 1939, § 51.0214.

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in §§ 43-2-12 to 43-2-14 , inclusive. Source: C…

There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, computer programs, trade marks, s…

Animals, wild by nature, are the subjects of ownership when tamed or taken and held in possession, or disabled and immediately pursued. Source: CivC 1877, § 161; CL 1887, § 2677; RCivC 1903, § 184; RC 1919, § 254; SDC 1939, § 51.0201.

The ownership of property is either: (1) Absolute; or (2) Qualified. Source: CivC 1877, § 171; CL 1887, § 2687; RCivC 1903, § 194; RC 1919, § 264; SDC 1939, § 51.0207.

The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. Source: CivC 1877, § 172; CL 1887, § 2688; RCivC 1903, § 195; RC 1919, § 265; SDC 1939, § 51.0208…

The ownership of property is qualified: (1) When it is shared with one or more persons; (2) When the time of enjoyment is deferred or limited; or (3) When the use is restricted. Source: CivC 1877, § 173; CL 1887, § 2689; RCivC 1903, § 196; RC 1919, § 266; SDC 1939, § 51.0209.

All property in this state has an owner, whether that owner is the United States or the state, and the property public; or the owner an individual, and the property private. The state may also hold property as a private proprietor. Source: CivC 1877, § 168; CL 1887, § 2684; RCivC…

The state is the owner of all property lawfully appropriated or dedicated to its own use, and of all property of which there is no other owner. Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0204.

Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in §

Terms used in this chapter mean: (1) "Agricultural land," land capable of being used in the production of: (a) Agricultural crops; (b) Fruit and other horticultural products; (c) Livestock or livestock products; (d) Milk or dairy products; (e) Poultry or poultry products; or (f) …

The following provisions apply to the ownership or leasing of agricultural land in this state: (1) A prohibited entity may not own agricultural land in this state; (2) A prohibited entity may not lease or hold an easement on agricultural land in this state, unless: (a) The lease …

Any foreign entity, foreign government, foreign person, or prohibited entity that acquires agricultural land in this state by devise or descent, in violation of this chapter, has three years from the transfer of ownership to dispose of the land. Any foreign entity who violates th…

The prohibitions of § 43-2A-2 do not apply to agricultural lands acquired by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, all agricultural lands so acquired shall …

Any foreign person who is or becomes a resident may acquire and hold agricultural land in this state, upon the same terms as a resident of this state, during the continuance of the residency. If the foreign person ceases to be a resident, the foreign person has three years from t…

Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated. The attorney general shall enforce the forfeiture or the termination of a lease o…

The Department of Agriculture and Natural Resources shall refer evidence of noncompliance to the attorney general, who shall investigate the evidence for violations of this chapter. The attorney general may bring an action pursuant to title 15 to enforce this chapter. After the a…

The attorney general shall prove any violation of § 43-2A-2 by a preponderance of the evidence. Source: SL 2024, ch 176 , § 8.

A foreign entity, foreign government, foreign person, or prohibited entity, whose agricultural land interest was forfeited by an enforcement action brought by the attorney general, may appeal within thirty days of the judgment, pursuant to chapter 15-26A . Source: SL 2024, ch 176…

The Department of Agriculture and Natural Resources shall review: (1) Any report received by the department in accordance with § 43-2A-7.1 ; (2) Any report transmitted to the department pursuant to the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3505 (Janua…

Any person required to submit a report to the United States Department of Agriculture in accordance with the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3501 et seq. (January 1, 2024) shall file a copy of the required report with the secretary of the Depart…

This chapter does not apply to agricultural land owned by a foreign entity, a foreign government, or a foreign person for an immediate or potential nonagricultural use. A foreign entity, a foreign government, or a foreign person may hold agricultural land in an amount necessary f…

The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case the enjoyment is said to be upon condition. Source: CivC 1877, § 196; CL 1887, § 2712; RCivC 1903, § 219; RC 1919, § 289; SDC 1939, § 51…

A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest. Source: CivC 1877, § 186; CL 1887, § 2702; RCivC 1903, § 209; R…

A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain. Source: CivC 1877, § 187; CL 1887, § 2703; RCivC 1903, § 210; RC 1919, § 280; SDC 1939, § 51.0217.

A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. Source: CivC 1877, § 189; CL 1887, § 2705; RCivC 1903, § 212; RC 1919, § 282; SDC 1939, § 51.0219.

Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. Source: CivC 1877, § 188; CL 1887, § 2704; RCivC 1903, § 211; RC 1919, § 2…

If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hou…

Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors or issue living at the death of the person named as ancestor. Source:…

A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent's …

A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation. Source: Ci…

No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by § 43-3-19 , or where a forfe…

No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in…

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending of the right. Source: CivC 1877, § 197; CL 1887, § 2713; RCivC 1903, § 220; RC 1919, § 290; SDC 1939, § 51.0224.

Future interests pass by succession, will, and transfer, in the same manner as present interests. Source: CivC 1877, § 191; CL 1887, § 2707; RCivC 1903, § 214; RC 1919, § 284; SDC 1939, § 51.0220.

In respect to the time of enjoyment, an interest in property is either perpetual or limited. A perpetual interest has a duration equal to that of the property. A limited interest has a duration less than that of the property. Source: CivC 1877, §§ 180, 183, 184; CL 1887, §§ 2696,…