South Dakota § 34A-17-2 - Definitions.

Full text of South Dakota South Dakota Codified Laws § 34A-17-2 — Definitions., with citation guidance and answers to common questions.

§ 34A-17-2. Definitions.

In this chapter:

(1)    "Activity and use limitations," means restrictions or obligations created under this chapter with respect to real property;

(2)    "Agency," means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created;

(3)    "Common interest community," means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;

(4)    "Environmental covenant," means a servitude arising under an environmental response project that imposes activity and use limitations;

(5)    "Environmental response project," means a plan or work performed for environmental remediation of real property and conducted:

(A)    Under a federal or state program governing environmental remediation of real property, including chapter 34A-10;

(B)    Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

(C)    Under a state voluntary clean-up program;

(6)    "Holder," means the grantee of an environmental covenant as specified in § 34A-17-3(a);

(7)    "Person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(8)    "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(9)    "State," means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: SL 2005, ch 196, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

Frequently Asked Questions About South Dakota § 34A-17-2

What does South Dakota Codified Laws § 34A-17-2 cover?

Section 34A-17-2 ("Definitions.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 34A-17-2?

A common citation format is "South Dakota Codified Laws § 34A-17-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 34A-17-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.