Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1890-03-20
SCHOOL LAND LEASES
PROVISIONS OF THE SOUTH DAKOTA
LAW REGARDING THEM.

PROVISIONS OF THE SOUTH DAKOTA
LAW REGARDING THEM
Bill in Full as Passed by the Legislature
and Approved by the Governor.
An act regulating the disposal of the COM
mon school and other lands of the state.
Be it enacted by the legiolature of the state Of
South Dakota.
SECTION /. The governor, commiss oner Of
school and public lands and state auditor shall
constitute o board which shall be termed = he
Eoard of School and Public lands and the
powers and dut ea of which shall be as provided
in this act
SEC. O. The commissioner Of school and pub.
lie lands shall cause to be prepared and kept in
his Office record of each subdivision OF ,ha
nds granted to the state Ct South Dakota fol-
all purposes. For the lands embrac I'd within
each grant for distinct and specific purpose.
separate books OF record shall be provided
Such books shall contain a description of each
subdivision and in columns opposite such de.
scription there shall be recorded, as may be re-
quired, the appraised value of the tract, the
date Of lease. name OF lessee, ter of leags and
amount of annual rental, the date of sale, name
of urehaser, price, amount paid in cash,
amount unpaid and when due amount OF an.
nuai interest, date O. patent name of patentee.
and such other info nation as may bs neces.
sary to NJ Ike full and compete abstract OF
the condition of such tract.
shall designate from time to time, such lands
as it may decide should be leased. 1t shall es-
tablish such leasing reg latious, mot inconsist-
ent with this act, as in its judgment shall be
necessary in order that such lands may be
leased most proftably o the state. The beard
shall prepare It's first list of lands for leasing
a soon as practicable. Upon the designation
of lands as in this section provided, the COM
missioner of school and public lands shall pro-
ceed to offer the same for lease.
SEC. 4. Whenever lands situated in any
county shall be designatedas provided in section
8, such lands shall be advertised for lease at
public auction by the publication, once week
for at least sixty days, in newspaper OF gen
erel circulation published nearest such lands,
of a notice containing q description
stating the township and range in which the
lands to be leased are situated, stating the
time and place at which such leasing OF lands
will begin. A notice of such leasing shall also
be published once a week for at least sixty
days in a newspaper OF general circulation pub
lished at the seat of government. But it
shall be optional with the board of school and
public lands to accept bid for ii lease covering
a period of one year or more, not exceeding tive
years, and in case no bids or proposals are
made for any term under the publication here
in required, or in case of failure, from any
cause to complete lease of any tract offered,
it shall, within Six months thereafter be law
full to make a lease of said lands under the
provisions of this act, without readvertise-
ment.
SEC. 5. The lands designa ed shall be offered
for lease at public auction to the highest bid
der at the front door Ct the courthouse of The
county within which the lands to be leased are
situated, or If there be no oult-house in sach
county, then at the front door of the building
in which the Office of the register of de DIS of
such county is located, and between the hours
of 10 o'clock O.. IN. and5 O'Clock p. m only.
The offering for lease shall be conducted by the
superintendent of schools of the county in
which the lands lie, in accordance with the
provisions of this act and such in tructions
the board of schooloand public lands may deem
necessary. In case the office of superintendent
of schools is vacant, or the incumbent thereof
unable to act. the duties prescribed in this act
for said officer shall devolve. during suoh va
osnoy or Inability, upon the au itor of the
county
SEQ. s. The lea auction shall continue from
day to day until all tracts of land advertised
for lease shall have been offered for lease. The
superinte ntendent of schools may, for good cause,
adjourn the auction for a period of not more
than three days. Whenever the highest offer
for any tract OF land is satisfactory one, and
the tract is reserved for the bidder, such bidder
must at once deposit with the county treasurer
the amount specified as tae annual rental for
the tract and take the treasurer's receipt there
for, copy of which shall be retained by the
treasurer in his Office The bidde, shah ex-
hibit such receipt to the superintendent of
schools who shall thereupon prepare a lease of
such tract in duplicats, according to the TO m
which the board Of school and publ, lands
shall pre- cribe, and shall procure the signature
of the lessee there to- Upon procuring such
signature, the superintendent of schools shall
trensmit to the commissioner OF school and
public lands the lease executed, together
with a complete report OF the case. Said COM
for his approval 6ho I'D the governor approve
the proposed contract he shall certify to such
approval upon the lease in uplicate and the
commissioner of school and public lands shall
thereupon execute the same in duplicate
in behalf of the st te and file one copy in his
office, and transmit the other to the superin-
tendent OF schools who shall deliver it to the
lessee, and notify The county treasurer Ct the
execution and approval o. the ease. The
county treasurer shall then pay to the stase
treasurer the sum deposited by the lessee
Hh0uld di5aDDrOye he oSad
lease the county treas shall return to the
bidder the sum deposited in full, taking such
bidders receipt therefor on the back of the
fGRS SRSsr Si the duplicate fs'ei9t issued to such
SEC Z. Any unorganized county containing
lands which the board OF school and public
lands shall deem advisable to oser for lease,
shall be attached for leasing purposes to some
organized county to be designated by the gov
ernor, and it shall be the duty of the superin-
tendent Of schools, the treasurer and auditor of
such organized county to perform the same
services in connection with tee1easing of lands
situated In such unorganized county as they
may be required to perform in connection with
the leasing of lands in such organized county
Sec. 8. No greater quantity Of land than ono
section shall be leased to any one person or
compa ~ and no sub-lease or assignment of
lease shall be valid which shall seek to vest in
any one person or company an interest in
tract of land the quantity of which, together
with that Of other leased land then held by
such person or company would exceed one ssc-
tion No lease shall be executed for a longer
teTL InHu HVe years. NO landS snail De leased
except for pasturage and meadow purposes.
Sec. g. When a tract is offered for lease and
no satisfactory bid is received therefor, the
legal Subdivisions thereof, if any. may be sep
arateiy offered, or said tract may be offered III
connection with contiguous tracts which have
been offered and for which no accept lble bid
has been received, but no greater quantity
than one section shall be offered in such con-
nection.
SEC. 10. The rent for all leased lands must be
paid annually in advance. The rent for each
tract shall be promptly paid when due to the
treasurer of the county in which such tract is
situated.
SEC. II. ANY lessee who shall use any tract
leased by him for other than pasturage or
meadow purposes shall forfeit his lease, except
in cases where and upon such lands only, as
have been broken or cultivated prior to the pas-
sage Of this act The commission of waste upon
of the lease and shall render the lessee liable
to the state for damages caused by such waste
Actions shall be prosecuted in the circuit or
county court in which the land is situated to
snfor the provisions Of this section. by the
state attorney OF such county, whenever / 9 is
directed so to do by the commissioner of school
and public lands.
fail to pay the annual rental for such tract
when due, shall forfeit his / ase and the COM
missioner of school and public lands shall
promptly notify the states attorney of the
coun5y In which the land is situated to take
such action as will prevent the further use of
the land by such lessee.
SEC. l3, No Ian IS of the state shall be sold
until after Jan. z, 1891. Not more tn IN one
third Of the lands of any ci IS granted to the
shall be sold within the first five years, and 1t
more than Wo-thirds of such lands shall he