South Dakota Code — 5
Browse 617 sections in division 5 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 5-1-2. Definition of terms.
- § 5-1-3. Appointment of deputy commissioner--Oath of office--Powers.
- § 5-1-4. Organization of commissioner's office--Employment of personnel.
- § 5-1-6. Travel and expenses of departmental personnel.
- § 5-1-7. General powers of commissioner--Plats and records--Sales and leases--Contracts and patents--Seal of office.
- § 5-1-7.2. Additional types of subsidiary leases--Commercial, forestry or military purposes--Rules.
- § 5-1-8. Land records and conveyances transferred to commissioner--Indexing and filing.
- § 5-1-9. Records of subdivisions granted to state--Organization and contents.
- § 5-1-10. Public survey records maintained--Access of United States to records.
- § 5-1-11. Fees chargeable for copies and examinations of survey records--Disposition.
- § 5-1-14. Annual report to Governor--Contents.
- § 5-1-15. Permit required for paleontological excavation.
- § 5-1-16. Promulgation of rules governing issue of paleontological excavation.
- § 5-1-17. Permission required for removal of paleontological specimen.
- § 5-1-18. Paleontological collections as property of state.
- § 5-1-19. Revocation or suspension of paleontological excavation license--Violation as misdemeanor.
- § 5-1-20. Discovery of paleontological resources to be reported to commissioner.
- § 5-2-1. Acquisition of options for additional lands for institutions.
- § 5-2-2.1. Sale of realty by Board of Regents--Deposit, crediting, and investment of proceeds.
- § 5-2-2.2. Minimum cash price--Method of sale--Time, notice, and conduct of auction--Conveyance.
- § 5-2-2.3. Use of proceeds and interest from sale.
- § 5-2-2.4. Lease of land by executive branch--Period of lease--Renewal--Amount.
- § 5-2-3. Exchange of state lands for federal lands in Indian reservations--Advertising and appraisement not required.
- § 5-2-4. State ownership of lake and river beds declared--Riparian owners protected.
- § 5-2-5. Contracts permitting taking of sand and gravel from state-owned lake and river beds--Exclusive privilege prohibited.
- § 5-2-6. Proceeds of sand and gravel contracts--Payment--Deposit.
- § 5-2-7. Rules and conditions governing sand and gravel contracts.
- § 5-2-8. Unauthorized taking of materials from lake or river beds as misdemeanor.
- § 5-2-9. Enforcement of state's right to materials from lake and river beds.
- § 5-2-10. Public easements over state and county lands for conservation and parks--Grant of easements for electric, water, sewer, and fuel lines--Air rights.
- § 5-2-11. Application for conveyance or easement on state-owned lands--Approval by Governor--Recording--Disposition of payments.
- § 5-2-11.1. Abandoned railroads on state property--Documentation by affidavit of commissioner.
- § 5-2-11.2. Recording of affidavit.
- § 5-2-11.3. Previously recorded affidavits validated.
- § 5-2-12. Mineral reservation in leases and conveyances of state land.
- § 5-2-13. Disposition of proceeds from sale or lease of reserved minerals.
- § 5-2-14. Conveyance or exchange of reserved minerals with United States--Appraisal.
- § 5-2-15. Assignment to inferior lien holders of mortgages and sheriffs' certificates held by state--School fund mortgages.
- § 5-2-16. Assignment by county commissioners of sheriffs' certificates in school loan mortgages.
- § 5-2-17. Land sales within federal irrigation projects to conform to federal limitations.
- § 5-2-18. Relocation benefits and assistance in acquisition of property--Compliance with federal act.
- § 5-2-19. Review process of property given to state.
- § 5-2-20. Transfer of state's interest in Camp Lakodia to 4-H Foundation.
- § 5-3-1. Attorney general to examine titles and protect state's interest.
- § 5-3-2. Acceptance of federal indemnity lands in lieu of statehood grants.
- § 5-3-3. Selection of indemnity lands for land disposed of before statehood.
- § 5-3-4. Selection of indemnity lands for land settled before survey.
- § 5-3-5. Selection of indemnity lands for land within federal reservations--Retention of land with peculiar value to state.
- § 5-3-6. Selection of indemnity lands for land in lake or navigable river.
- § 5-3-7. Exchange of common school, indemnity, or endowment land--Conditional exchange.
- § 5-3-7.1. Conservation easement for state land exchanged or sold.
- § 5-3-9. Islands and accumulations within streams and lakes administered as school lands--Exceptions.
- § 5-3-10. Rights not acquired by settlement or improvement of islands--Improvements before 1911.
- § 5-3-11. Classification of school and endowment lands according to best use.
- § 5-3-12. List for county auditor of unsold endowment lands in county.
- § 5-4-1. Claim not acquired by occupancy by trespasser--Right to remove improvements.
- § 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.
- § 5-4-3. Map of waterworks to be filed.
- § 5-4-4. Validation of conveyances and reservations containing obsolete statutory reference.
- § 5-4-5. Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.
- § 5-4-5.1. Easements for national guard training sites.
- § 5-4-5.2. Wind and solar easements and leases.
- § 5-4-6. Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract.
- § 5-4-7. Purposes for which land may be placed under local administration--Rules and regulations.
- § 5-4-8. Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.
- § 5-4-9. Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee.
- § 5-4-11. Unauthorized removal of wood from school or public lands as misdemeanor.
- § 5-4-12. Waste on public lands as misdemeanor.
- § 5-4-13. Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.
- § 5-4-14. Preparation of advertisements--Publication--Signature.
- § 5-4-15. Misdemeanor to start open fire on public lands except in established fireplace.
- § 5-4-16. Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace.
- § 5-4-17. Liability for damages.
- § 5-4-18. Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage.
- § 5-5-1. Definition of terms.
- § 5-5-2. Definition of "agricultural purposes.".
- § 5-5-3. Designation of lands to be leased--Establishment of regulations.
- § 5-5-4. Leases to be at public auction after notice--Maximum tract.
- § 5-5-5. Publication of notice of leasing auction.
- § 5-5-6. Conduct, time, and place of leasing auction--Commissioner to conduct auction.
- § 5-5-6.1. Minimum rental rate for agricultural lands.
- § 5-5-8. Division or joining of tracts not leased at auction--Continuation and adjournment of auction.
- § 5-5-10.1. Appraisal of grazing lands--Definition of terms.
- § 5-5-10.2. Commissioner's duty concerning appraisals and records.
- § 5-5-10.3. Factors considered in appraisals of grazing lands.
- § 5-5-10.4. Minimum annual rental for grazing lands--Formula.
- § 5-5-11. Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal.
- § 5-5-12. Short-term leases acceptable--Leasing without readvertisement--Entitlement to new five-year lease.
- § 5-5-13. Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease.
- § 5-5-14. Provisions for sale or exchange of land unimpaired--Cancellation of lease to permit sale or exchange.
- § 5-5-15. Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved.
- § 5-5-16. Rent payable annually in advance to commissioner.
- § 5-5-17. Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action.
- § 5-5-18. Agricultural lessee to clear weeds and pests.
- § 5-5-19. Waste and burning on leased lands prohibited--Action for forfeiture and damages.
- § 5-5-20. Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.
- § 5-5-21. Action to enforce prohibition against subletting--Disposition of proceeds.
- § 5-5-22. Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.
- § 5-5-23. State ownership of improvements not removed--Permit renewed by new lease by same lessee.
- § 5-5-24. Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal.
- § 5-5-25. Notice to lessee of expiration of lease--Rental rate for extension.
- § 5-5-27. Extension or renewal on application by lessee--Cancellation of lease on failure to renew.
- § 5-5-28. Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee.
- § 5-5-29. Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements.
- § 5-5-30. Application by owner of improvements for appraisal--Deposit for cost of appraisal.
- § 5-5-31. Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.
- § 5-5-32. Acceptance or rejection of appraisal.
- § 5-5-33. Hunting in crops on school and public lands prohibited--Exception.
- § 5-6-1. Sale of growing timber authorized--Rules and regulations.
- § 5-6-13. Determination by state forester of amount of forest products to be harvested.
- § 5-6-14. Conduct by state forester of sales of forest products.
- § 5-6-15. Crediting proceeds of sales of forest products.
- § 5-7-1. Commissioner of school and public lands to conduct leasing of state-owned mineral interests.
- § 5-7-2. Advertising and auction of mineral leases--Exemptions.
- § 5-7-3. Lands subject to lease.
- § 5-7-4. Right of entry to prospect for and remove minerals.
- § 5-7-4.1. Lease required to explore for minerals--Civil penalty--Publication of data collected--Judicial remedies for enforcement.
- § 5-7-6. Oil, gas, and geothermal resources not subject to provisions--Exemption of lands sold prior to reservation.
- § 5-7-8. Priority to receive permit determined by application date.
- § 5-7-16. Right of lease holder to enter sold or leased lands.
- § 5-7-17.1. Disposition of payments for damages.
- § 5-7-18. Oil and gas leases--Casing-head gas included.
- § 5-7-19. Oil, gas, and geothermal exploration, development and production leases authorized.
- § 5-7-20. Application for oil, gas, or geothermal lease--Tender of annual rental and bonus--Form and contents of application.
- § 5-7-21. Advertising of oil and gas or geothermal leases--Conduct of auction.
- § 5-7-22. Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.
- § 5-7-23. Term of oil and gas leases--Resumption of drilling operations after cessation of production.
- § 5-7-23.1. Term of geothermal leases.
- § 5-7-24. Royalty provisions in oil and gas leases--Annual rental.
- § 5-7-24.1. Royalty provisions in geothermal leases--Renegotiation--Annual rental.
- § 5-7-25. Customary provisions inserted in leases for protection of state and surface owners and lessees.
- § 5-7-25.1. Geothermal resources--Additional provisions applicable to.
- § 5-7-26. Leases assignable--Minimum tract assignable.
- § 5-7-27. Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.
- § 5-7-28. Grounds for refusal to approve assignment of lease.
- § 5-7-29. Effect of approved assignment of lease.
- § 5-7-30. Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.
- § 5-7-31. Correction of mistaken land descriptions in leases.
- § 5-7-32. Pooling agreements on behalf of state authorized.
- § 5-7-33. Deposit of collections from leases in treasury.
- § 5-7-34. Apportionment of receipts from leasing of school, indemnity and endowment lands.
- § 5-7-36. Records of mineral interests and leases maintained by commissioner.
- § 5-7-37. Rules and regulations governing leasing--Promulgation.
- § 5-7-38. Water law provisions applicable to certain geothermal leases.
- § 5-7-39. Validation of oil and gas leases prior to July 1, 1981.
- § 5-7-40. Limitation of actions to contest validity of oil and gas leases.
- § 5-7-41. Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.
- § 5-7-42. Amount of royalty for leases of lands assigned oil and gas royalty increment status.
- § 5-7-43. Royalty increments for commingled lands assigned oil and gas royalty increment status.
- § 5-7-44. Leases offered only during term of royalty increment status.
- § 5-7-45. Commissioner authorized to issue leases for prospecting, exploration and mining.
- § 5-7-46. Penalties for fraud.
- § 5-7-47. Inspection of records.
- § 5-7-48. Preferential right of lessee to renew or purchase leased lands.
- § 5-7-49. Definitions.
- § 5-7-50. Validity of leases prior to 1993 amendments to this chapter.
- § 5-7-51. Relinquishment of prospecting permit.
- § 5-7-52. Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties.
- § 5-7-53. Conditions warranting suspension of license--Effective date--Term of suspension.
- § 5-7-54. Annual rental--Minimum.
- § 5-7-55. Payment of royalty--Amount.
- § 5-7-56. Marketing minerals.
- § 5-7-57. Bond required--Amount.
- § 5-7-58. Records furnished within reasonable bounds--Confidentiality of records.
- § 5-7-59. Relinquishing lease to state.
- § 5-7-60. Cancellation of lease by commissioner--Notice required.
- § 5-7-61. Assignment of lease.
- § 5-7-62. Removal of improvements and equipment upon termination--Time limit.
- § 5-7-63. Authority to withhold land from leasing--Rejection of application--Competitive bidding.
- § 5-7-64. Transfer of State Cement Plant Commission mineral estates to commissioner of school and public lands.
- § 5-7-65. Limited surface and subsurface easements for access to oil, gas, minerals, and geothermal resources.
- § 5-8-1. Rural credit board abolished--Powers transferred to commissioner of school and public lands.
- § 5-8-2. Validation of sales by Rural Credit Board.
- § 5-8-3. Income credited to rural credit fund--Transfer to school funds.
- § 5-9-1. Selection of school and endowment lands to be sold--Amount sold each year.
- § 5-9-3. Board of Appraisal--Selection of tracts for sale--Subdivision of lands of special value.
- § 5-9-4. Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.
- § 5-9-5. Offer to purchase particular tract--Forfeiture or return of payment.
- § 5-9-6. Publication of notice of land sale--Selection and appraisal to be concurrent.
- § 5-9-7. Certification and publication of description and appraised price of land offered.
- § 5-9-8. Commissioner to conduct sales.
- § 5-9-9. Time and place of sale--Minimum price--Adjournment of sale--Record of sales.
- § 5-9-10. Terms of installment sale--Interest--Prepayment option.
- § 5-9-11. Notice to lessee of sale.
- § 5-9-12. Successful bidder's deposit with commissioner.
- § 5-9-13. Time of vesting of right or title after sale.
- § 5-9-14. Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.
- § 5-9-15. Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.
- § 5-9-16. Assignment or conveyance under installment contract--Approval required--Form--Filing fee.
- § 5-9-17. Return of purchaser's deposit on governor's disapproval of sale.
- § 5-9-23. Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession.
- § 5-9-24. Procedure for forfeiture of installment contract--Service of notice.
- § 5-9-25. Recording of notice of default--Prima facie evidence.
- § 5-9-26. Reinstatement of contract on compliance by purchaser with conditions of notice.
- § 5-9-27. Action at law to set aside installment contract in default.
- § 5-9-28. Taxability of land sold--Notice to county auditor of disapproval of sale.
- § 5-9-29. Tax purchaser's rights under installment contract--Payment of delinquent installments.
- § 5-9-30. Special contract of sale given to tax purchaser after issuance of tax deed.
- § 5-9-31. Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.
- § 5-9-32. Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.
- § 5-9-33. Issuance to bankrupt of patent to land set aside as homestead.
- § 5-9-34. Sale for public purposes of tract not exceeding one hundred sixty acres.
- § 5-9-35. Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.
- § 5-9-36. Sale of improvements on school and public lands authorized.
- § 5-9-37. Appraisal and minimum price of improvements offered for sale--Disapproval of sale.
- § 5-9-38. Publication of notice of sale of improvements--Private sales of small value.
- § 5-9-39. Conservation easement for certain state land conveyed to another party.
- § 5-10-1. Assignment of receipts from leases, interest, and land sales to income and permanent funds.
- § 5-10-1.1. Board of Regents endowed institution interest and income fund created.
- § 5-10-1.2. Endowed institution interest and income fund--Allocation.
- § 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 income from school lands and funds.
- § 5-10-7. County treasurer's receipts for payments by lessees and purchasers--Disposition of copies.
- § 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.
- § 5-10-18.3. Adjusting funds by rate of inflation--Procedure.
- § 5-10-23. Bidding and purchase by state at judgment sale of school and public lands.
- § 5-10-24. Maximum price bid by state--Allowance for prior encumbrances.
- § 5-10-25. Disposition of proceeds of judgment.
- § 5-10-34. Reporting status of common school interest and income fund and status of common school apportionment.
- § 5-11-1. Certification by commissioner of school and endowment land lessees and acreage.
- § 5-11-1.1. Forfeiture of lease for failure to pay tax--Collection procedures.
- § 5-11-2. Computation of value of school lands in county and addition to tax base--Restricted purpose of addition to tax base.
- § 5-11-3. Computation of value of school lands within school districts--Addition to tax base.
- § 5-11-6. Distribution of payments in lieu of taxes.
- § 5-11-8. Payments in lieu of taxes on land held by state institutions.
- § 5-12-1. Authority created--Composition--Initial terms--Political affiliation--Chairman.
- § 5-12-1.1. Authority continued within Bureau of Finance and Management--Records and reports.
- § 5-12-1.2. Meaning of United States Department of Agriculture Conservation Reserve Program.
- § 5-12-2. Terms of members--Vacancies--Quorum.
- § 5-12-3. Oath and bond of members.
- § 5-12-4. Members receive no compensation--Reimbursement of expenses.
- § 5-12-5. Employment of personnel.
- § 5-12-6. Common seal of authority.
- § 5-12-7. Purposes of authority.
- § 5-12-8. Studies and investigations of land needs.
- § 5-12-8.1. Additional powers with respect to projects under § 5-12-8.
- § 5-12-10. Transfer of state property to authority.
- § 5-12-11. Power of authority to acquire property--Methods of acquisition.
- § 5-12-11.1. Standards and specifications to accommodate persons with disabilities.
- § 5-12-12. Plans and specifications for projects to be undertaken.
- § 5-12-13. Lease of facilities and sites to state agencies authorized--Commencement of payments under lease.
- § 5-12-14. Terms, conditions, and rental under leases--Annual extension provision.
- § 5-12-15. Lessee's option to purchase--Conveyance on exercise of option.
- § 5-12-16. Taxes and insurance added to rental properties--Authorization to self-insure.
- § 5-12-17. Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable.
- § 5-12-18. Costs and reserves to be covered by rent and charges.
- § 5-12-19. Tax exemption of property owned or leased by authority--Exception.
- § 5-12-20. Resolutions for revenue bonds authorized--Purpose--Legislative approval required.
- § 5-12-21. Purposes for which bonds issued--Refunding and refinancing--Pledge of income.
- § 5-12-22. Terms and interest rate of bonds.
- § 5-12-23. Revenues and income from which bonds payable--Use of educational facilities fund--Disposition of revenues.
- § 5-12-24. Execution and registration of bonds--Validity of signature by officers.
- § 5-12-25. Restrictions on obligation stated on face of bonds.
- § 5-12-26. Creation of state obligation not authorized.
- § 5-12-27. Contract with bondholders--Bondholders' remedies.
- § 5-12-27.1. Refunding bonds authorized--Purposes.
- § 5-12-27.2. Amount of refunding bonds.
- § 5-12-27.3. Exchange or sale of refunding bonds--Proceeds of sale--Cancellation of bonds and coupons--Evidence of discharge of interest obligation.
- § 5-12-27.4. Exchange or sale of bonds--Disposition of proceeds of sale.
- § 5-12-27.5. Assistance in conserving and improving soil and water resources of highly erodible cropland by means of loans--Revenue bonds and interim notes authorized.
- § 5-12-27.6. No indebtedness to be charged against state.
- § 5-12-27.7. Acceptance and expenditure of gifts, contributions, etc., authorized.
- § 5-12-27.8. Lease and sublease agreements with South Dakota Building Authority authorized to support purpose and payment of revenue bonds or interim notes.
- § 5-12-28. Interim notes authorized--Purposes of borrowing.
- § 5-12-29. Resolution for issuance of interim notes--Interest rate--Maturity date.
- § 5-12-30. Terms and registration of interim notes--Redemption prior to maturity--Execution of notes--Pledge of income and revenue.
- § 5-12-31. Additional provisions to secure payment of interim notes.
- § 5-12-32. Debt limitations not applicable to interim notes--Personal liability not created by execution of notes.
- § 5-12-33. Payment of interim notes or purchase of government obligations with proceeds from sale of revenue bonds.
- § 5-12-34. Disposition of income under chapter--Public building fund.
- § 5-12-35. Accounts maintained by authority--Purpose of disbursements from public building fund.
- § 5-12-36. Authority to convey property to state when debt paid or payment provided for--Reversion to authority.
- § 5-12-37. Record of rental payments under lease--Conveyance to lessee after amortization of debt.
- § 5-12-38. Annual audit.
- § 5-12-38.1. Informational budget required.
- § 5-12-39. Contractual power of authority.
- § 5-12-40. Bylaws, rules, and regulations of authority.
- § 5-12-41. Severability of provisions.
- § 5-12-42. Sale and lease-back arrangements--Sales and land leases authorized--Use of proceeds.
- § 5-12-43. Sale and lease-back arrangements--Contracts to acquire use or ownership authorized--Terms.
- § 5-12-44. Provisions applicable to contracts to acquire use or ownership.
- § 5-12-45. Revenue bonds to finance sale and lease-back arrangements--Lending proceeds--Refund or refinance of obligations.
- § 5-12-46. Legislative approval required for sale and lease-back arrangements.
- § 5-12-47. Revenue obligations--Issuance--Purpose--Funds for payment.
- § 5-12-47.1. Payment of lease rental obligations to South Dakota Building Authority by Bureau of Finance and Management.
- § 5-12-47.2. Irrevocable escrow agreement for defeasance and payment of lease revenue trust certificates and bonds--Arrangements to pay governmental expenses.
- § 5-12-48. Definition of terms.
- § 5-12-48.1. Authority may invest funds in certain permitted investments.
- § 5-12-49. Transfer and sale of state's right to tobacco settlement revenues--Disposition of funds--Written agreement--Filing of agreement.
- § 5-12-50. Establishment of special purpose corporation--Limitations--Board membership--Powers of corporation.
- § 5-12-50.1. Bond transactions to be public records subject to disclosure.
- § 5-12-51. Purposes of special purpose corporation.
- § 5-12-52. Bonds of corporation not a lien, charge or liability against the state--Pledge of education enhancement trust funds prohibited.
- § 5-12-53. Pledge of non-interference by state to impair terms of bonds--Liability of state on bonds.
- § 5-12-54. Liability of authority and special purpose corporation.
- § 5-12-55. Special purpose corporation treated as public instrumentality of state--Income of authority and corporation not taxed--Obligations of corporation deemed public securities.