South Dakota § 10-6-131 - Agricultural income value for county--Assessed value adjustment by director--Requested adjustment--Documents retained.

§ 10-6-131. Agricultural income value for county--Assessed value adjustment by director--Requested adjustment--Documents retained.

Before July first each year, the secretary of revenue shall annually provide each director the agricultural income value for each county as computed pursuant to § 10-6-127. The director shall annually determine the assessed value of agricultural land. The director may adjust the assessed value of agricultural land to the extent that one or more of the following factors negatively affect the productivity of the land:

(1)    Location;

(2)    Size;

(3)    Soil survey statistics;

(4)    Terrain;

(5)    Topographical condition;

(6)    Climate;

(7)    Accessibility; or

(8)    Surface obstructions, including shelterbelts.

If the director determines that one or more of the factors provided in this section negatively affects the productivity of the land, the director shall adjust the assessed value of the land.

The director shall document each adjustment by using data from sources reasonably related to the adjustment being made. In addition, the director may use data from comparable sales of agricultural land to document the adjustment concerning productivity for any of the factors listed in this section.

If the actual use of agricultural land varies from the land use category specified by soil classification standards, or if any factors listed in this section exist that affect the productivity of the land, the property owner may request an examination of the land by the director on a form prescribed by the department. The director shall determine whether to adjust the assessed value of the agricultural land pursuant to the factors listed in this section.

The director shall document all supporting evidence for the adjustment determination. The director shall provide any adjustment documentation to the department upon request. The director shall keep the adjustment documentation in the director's office for the life of the adjustment.

For the purposes of this section, "shelterbelt" means field shelterbelts, farmstead windbreaks, wildlife tree plantings, living snow fences, and other tree plantings made specifically for conservation purposes, but excluding trees planted for ornamental or commercial purposes.

Source: SL 2008, ch 44, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2011, ch 50, § 1; SL 2013, ch 44, § 1; SL 2020, ch 38, § 1; SDCL § 10-6-33.31; SL 2021, ch 44, §§ 22, 44; SL 2024, ch 35, § 1; SL 2025, ch 45, § 2.