reglab/housing_qa huggingface dataset:
SD Codified L § 5-5-31 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands|Section 5-5-31 - Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.

5-5-31. Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate a person to represent the owner, the new lessee or purchaser shall nominate a person to represent the lessee or purchaser, and the two nominees shall nominate a person to serve on the board. The county auditor shall appoint these three persons as a board.The commissioner of school and public lands shall provide the board with an itemized list of each permitted improvement. Each improvement shall be appraised based on the original cost basis less any depreciation as determined by the board. The original cost of the improvement may include only the actual out-of-pocket expenses paid by the lessee for the improvement. The original cost may not include the amount of any grant, subsidy, or contribution toward the expense of the improvement from another source. The board shall file with the county auditor an itemized report of the appraisal, signed by at least two members of the board. The county auditor shall keep a record of the appraisement. The board shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal.The members of the board are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of the board's duties or responsibilities. Nothing in this section may be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person. Source: SL 1917, ch 339, §6; RC 1919, §5638; SDC 1939, §15.0414; SL 1963, ch 65; SL 1967, ch 36; SL 1984, ch 34, §9; SL 2018, ch 45, §3.
SD Codified L § 5-5-32 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands|Section 5-5-32 - Acceptance or rejection of appraisal.

5-5-32. Acceptance or rejection of appraisal.If any permitted improvement is appraised pursuant to §5-5-31, the owner of the improvement shall accept or reject the appraisal by written notice to the county auditor within five business days from the date of the appraisal or the appraisal is deemed rejected and a lease or conveyance shall be made. Source: SL 1917, ch 339, §19; RC 1919, §5651; SL 1923, ch 254; SDC 1939, §15.0416; SL 1971, ch 29, §2; SL 2018, ch 45, §4.
SD Codified L § 5-5-33 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands|Section 5-5-33 - Hunting in crops on school and public lands prohibited--Exception.

5-5-33. Hunting in crops on school and public lands prohibited--Exception.No person may engage in hunting in any standing, unharvested crops on any school and public lands, unless the crop is designated for conservation or wildlife habitat. Source: SL 2003, ch 32, §1.
SD Codified L § 5-6-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 06 - Timber Sales On School And Public Lands|Section 5-6-1 - Sale of growing timber authorized--Rules and regulations.

5-6-1. Sale of growing timber authorized--Rules and regulations.The commissioner of school and public lands may sell timber growing upon any school lands now owned or which may hereafter be acquired by the state when in his judgment it is conducive to the best interests of the state to sell such timber under such rules and regulations as he may establish. Source: SL 1911, ch 224, §70; RC 1919, §5670; SL 1923, ch 259, §1; SDC 1939, §15.0317; SL 1978, ch 42, §1.
SD Codified L § 5-6-13 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 06 - Timber Sales On School And Public Lands|Section 5-6-13 - Determination by state forester of amount of forest products to be harvested.

5-6-13. Determination by state forester of amount of forest products to be harvested.The commissioner of school and public lands may authorize the state forester to determine the amount of forest products to be harvested from school and endowment lands in accordance with §41-20-8. Source: SL 1978, ch 42, §2.
SD Codified L § 5-6-14 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 06 - Timber Sales On School And Public Lands|Section 5-6-14 - Conduct by state forester of sales of forest products.

5-6-14. Conduct by state forester of sales of forest products.The commissioner of school and public lands may authorize the state forester to conduct sales of forest products on school and endowment lands in accordance with rules or regulations of the Game, Fish and Parks Commission. Source: SL 1978, ch 42, §3.
SD Codified L § 5-6-15 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 06 - Timber Sales On School And Public Lands|Section 5-6-15 - Crediting proceeds of sales of forest products.

5-6-15. Crediting proceeds of sales of forest products.All proceeds from the sale of forest products on school and endowment lands shall be credited to the income fund of the class of land from which the forest product was harvested. Source: SL 1978, ch 42, §4.
SD Codified L § 5-7-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-1 - Commissioner of school and public lands to conduct leasing of state-owned mineral interests.

5-7-1. Commissioner of school and public lands to conduct leasing of state-owned mineral interests.The commissioner of school and public lands shall conduct all leasing of mineral interests owned by the state, or held in trust by the state, including school, indemnity, and endowment lands, rural credit lands, lands owned by the state and administered by the Department of Game, Fish and Parks, the Board of Regents or any other mineral interest of any kind in the state or any of its departments or institutions. However, with respect to lands administered by the Department of Game, Fish and Parks, the consent of the department shall be obtained. Source: SL 1953, ch 72, §1; SDC Supp 1960, §15.0516 (1); SL 1989, ch 20, §57.
SD Codified L § 5-7-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-2 - Advertising and auction of mineral leases--Exemptions.

5-7-2. Advertising and auction of mineral leases--Exemptions.It is hereby specifically provided that all leases for prospecting for, producing, and marketing oil and gas, geothermal resources, bentonite, and gypsum, shall be, and for feldspar, mica, coal, and all other minerals or combinations thereof, may be, issued after advertising and sale at public auction to the highest bidder. The public auction may be an electronic event that is advertised and made available to the public via the internet. The sale of sand, gravel, rock, stone, clay, shale, and lake sediment are specifically exempted from the provisions of this section. Source: SL 1953, ch 72, §2; SL 1955, ch 47, §1; SDC Supp 1960, §15.0517; SL 1980, ch 40, §2; SL 1980, ch 42, §1; SL 1998, ch 30, §1; SL 2019, ch 46, §1.
SD Codified L § 5-7-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-3 - Lands subject to lease.

5-7-3. Lands subject to lease.All coal, ores, asphaltum, metals, minerals, and other metallic or mineral products in or upon lands belonging to the state or in lands which subsequent to July 1, 1919, were or may hereafter be sold, granted, conveyed, or leased for agricultural, meadow, pasturage, or other purposes, or in any way transferred by the state, are subject to lease by the state, except as provided in this chapter. Source: SL 1919, ch 305, §1; SL 1931, ch 203, §13; SDC 1939, §15.0501; SL 1980, ch 42, §2; SL 1993, ch 53, §21.
SD Codified L § 5-7-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-4 - Right of entry to prospect for and remove minerals.

5-7-4. Right of entry to prospect for and remove minerals.The state and all persons claiming under it shall have the right to enter upon such lands and to prospect for, mine, sell, and remove such coal, ores, asphaltum, metals, minerals, and other metallic and mineral products and for such purpose to construct all necessary roads, buildings, and improvements thereon, including machinery for mining or removing such coal, ores, asphaltum, metals, minerals, and other metallic and mineral products in such lands. Source: SL 1919, ch 305, §1; SL 1931, ch 203, §13; SDC 1939, §15.0501.
SD Codified L § 5-7-4.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-4.1 - Lease required to explore for minerals--Civil penalty--Publication of data collected--Judicial remedies for enforcement.

5-7-4.1. Lease required to explore for minerals--Civil penalty--Publication of data collected--Judicial remedies for enforcement.No person may conduct mineral exploration upon state lands, including lands in which the state has a mineral interest, without obtaining a lease under the provisions of this chapter. Any person who violates this section is subject to a civil penalty of not more than one thousand dollars for each day of violation. All data collected on any state lands as a result of such violation shall be made immediately available to the commissioner of school and public lands who shall make such data available to the public as soon as practicable. The penalty may be collected by means of a civil action brought in the circuit court for the county in which any of the affected state lands are found or in the circuit court for Hughes County. The right of the commissioner to any data may be enforced by the circuit court through appropriate injunctive relief. Source: SL 1978, ch 43, §2; SL 1993, ch 53, §22.
SD Codified L § 5-7-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-6 - Oil, gas, and geothermal resources not subject to provisions--Exemption of lands sold prior to reservation.

5-7-6. Oil, gas, and geothermal resources not subject to provisions--Exemption of lands sold prior to reservation.The provisions of §§5-7-3, 5-7-4, 5-7-4.1, 5-7-6, 5-7-8, and 5-7-16 shall not apply to oil and gas, or geothermal resources, and shall not apply to lands sold prior to the reservation of such coal, ores, asphaltum, metals, minerals, and other metallic and mineral products. Source: SL 1919, ch 305, §1; SL 1931, ch 203, §13; SDC 1939, §15.0501; SL 1980, ch 40, §3.
SD Codified L § 5-7-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-8 - Priority to receive permit determined by application date.

5-7-8. Priority to receive permit determined by application date.Priority to receive a permit on each tract, as provided in §5-7-45, shall be determined by the certification date on the application. The commissioner of school and public lands shall issue the lease accordingly. Source: SDC 1939, §15.0503 as added by SL 1953, ch 43, §1; SL 1975, ch 48, §2; SL 1993, ch 53, §26.
SD Codified L § 5-7-16 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-16 - Right of lease holder to enter sold or leased lands.

5-7-16. Right of lease holder to enter sold or leased lands.In all cases where state lands have been sold subject to the reservation regarding coal, ores, asphaltum, metals, and mineral rights referred to in §5-7-3 and in all cases where such lands have been leased for agricultural, meadow, pasturage, or other purposes, pursuant to the provisions of law, the holder of any lease subsequently issued thereon may nevertheless enter upon the same and prospect thereunder. Source: SL 1919, ch 305, §5; SL 1931, ch 203, §13; SDC 1939, §15.0504; SL 1993, ch 53, §34.
SD Codified L § 5-7-17.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-17.1 - Disposition of payments for damages.

5-7-17.1. Disposition of payments for damages.Any agreed payments for damages to the lease between the holder and the lessee shall be approved or disapproved by the commissioner of school and public lands and shall be paid fifty percent to the lessee and fifty percent to the state. Source: SL 1984, ch 38, §1.
SD Codified L § 5-7-18 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-18 - Oil and gas leases--Casing-head gas included.

5-7-18. Oil and gas leases--Casing-head gas included.Where the term "oil and gas" is used in §§5-7-19 to 5-7-33, inclusive, it shall be construed to mean "oil, gas, and casing-head gas." Source: SDC 1939, §15.0510 as added by SL 1941, ch 53, §1.
SD Codified L § 5-7-19 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-19 - Oil, gas, and geothermal exploration, development and production leases authorized.

5-7-19. Oil, gas, and geothermal exploration, development and production leases authorized.The commissioner of school and public lands may execute and issue in the name of the State of South Dakota, as lessor, under rules and regulations prescribed by the commissioner, leases for the exploration and development of, and production of, oil, gas, or geothermal resources from any lands belonging to the State of South Dakota, including lands which have been or may hereafter be sold by the state with the reservation of the minerals in the land. Such leases to be issued upon such terms and conditions as the commissioner may deem to be to the best interests of the state and not inconsistent with the provisions of §§5-7-20 to 5-7-37, inclusive. Source: SL 1931, ch 203, §1; SDC 1939, §15.0507; SL 1980, ch 40, §4.
SD Codified L § 5-7-20 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-20 - Application for oil, gas, or geothermal lease--Tender of annual rental and bonus--Form and contents of application.

5-7-20. Application for oil, gas, or geothermal lease--Tender of annual rental and bonus--Form and contents of application.Applications for the issuance of any such oil, gas, or geothermal resources lease shall be executed under oath by the applicant, or his agent or attorney duly authorized in writing, or by any officer or attorney in fact of the corporation, if the application is made by a corporation. The application shall be accompanied by a certified check, bank draft, or money order in the amount of the annual delay rental for one year and the bonus offered, if any.The form of the application shall be prescribed by the commissioner of school and public lands and all applications shall contain a description of the lands by legal subdivisions upon which the lease is desired, together with such data and information concerning development on and in the vicinity of the land as may reasonably be required by the commissioner. No lease shall be issued for less than the amount offered by the applicant as a bonus, if any, and the annual delay rental for one year. Source: SL 1931, ch 203, §5; SDC 1939, §15.0508; SL 1953, ch 44, §1; SL 1980, ch 40, §5.
SD Codified L § 5-7-21 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-21 - Advertising of oil and gas or geothermal leases--Conduct of auction.

5-7-21. Advertising of oil and gas or geothermal leases--Conduct of auction.Whenever an application is made for such an oil and gas or geothermal resources lease the commissioner of school and public lands shall advertise the lands for lease by the publication, once in each week for at least two successive weeks in a newspaper of general circulation published in the county where the lands are located, if there be one, or if there be none, in such newspaper as will be most likely to give notice of the leasing, of a notice stating the time and place at which the leasing of such lands will be held. The commissioner shall conduct the letting at public auction. The commissioner may establish such rules and regulations as in his judgment shall be necessary in order that the lands may be leased most profitably for the state and to carry out the provisions of this chapter. The lands shall be leased to the highest bidder but the commissioner shall have the right to reject any or all bids. Source: SDC 1939, §15.0510 as added by SL 1941, ch 53, §1; SL 1972, ch 28, §2; SL 1980, ch 40, §6.
SD Codified L § 5-7-22 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-22 - Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.

5-7-22. Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.Nothing contained in this chapter shall be construed as requiring the commissioner of school and public lands to offer any tract of land for lease, nor to lease the same, but the commissioner may withhold any tract from leasing for oil, gas, other mineral or geothermal resources purposes if, in his opinion, the best interests of the state shall be served by so doing. Source: SL 1931, ch 203, §7; SDC 1939, §15.0515; SL 1980, ch 40, §7; SL 1980, ch 42, §6.
SD Codified L § 5-7-23 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-23 - Term of oil and gas leases--Resumption of drilling operations after cessation of production.

5-7-23. Term of oil and gas leases--Resumption of drilling operations after cessation of production.The term of all such oil and gas leases shall be for a period not to exceed ten years and as long thereafter as oil or gas is produced from the leased land. In no event, however, shall such leases covering lands granted to the state of South Dakota by the Enabling Act of February 22, 1889, or by later congressional act, be for terms longer than as provided in said acts as subsequently amended or to be amended. If for any reason production of oil or gas from the leased lands shall cease after the primary term the lessee shall be entitled to resume drilling operations on said land within such reasonable time as may be prescribed by the rules and regulations of the commissioner of school and public lands, and if such drilling operations shall be conducted with reasonable diligence and the production of oil and gas in paying quantities shall result therefrom, then said lease shall remain in force as long thereafter as oil or gas in paying quantities is or can be produced from the leased lands. Source: SL 1931, ch 203, §2; SDC 1939, §15.0510; SL 1941, ch 53, §1.
SD Codified L § 5-7-23.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-23.1 - Term of geothermal leases.

5-7-23.1. Term of geothermal leases.The term of all geothermal leases shall be for a period not to exceed ten years and as long as geothermal resources are produced from the leased lands. Source: SL 1980, ch 40, §8.
SD Codified L § 5-7-24 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-24 - Royalty provisions in oil and gas leases--Annual rental.

5-7-24. Royalty provisions in oil and gas leases--Annual rental.All such leases shall provide for delivery to the state in the pipeline to which the lessee may connect the wells of a royalty of not less than one-eighth of the oil and gas produced, saved, and marketed from the leased lands, or the equivalent proportion of the market value of such oil and gas in the field at the time of production; provided, however, that no royalties shall be payable upon oil or gas used in operations on the land for the development and production of oil or gas therefrom.All such leases shall provide for the payment of a reasonable annual rental, as fixed by the rules and regulations of the commissioner of school and public lands, but in no event to be less than ten cents per acre per annum. Source: SL 1931, ch 203, §2 (6); SL 1937, ch 213, §1; SDC 1939, §§15.0509, 15.0510; SL 1941, ch 53, §1; SL 1976, ch 57.
SD Codified L § 5-7-24.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-24.1 - Royalty provisions in geothermal leases--Renegotiation--Annual rental.

5-7-24.1. Royalty provisions in geothermal leases--Renegotiation--Annual rental.All geothermal leases shall provide for the payments of royalty to the state. The royalty payments shall consist of:(1)Not less than ten percent of the gross revenue, exclusive of charges, approved by the commissioner of school and public lands, that were made or incurred with respect to transmission or other services or processes, received from the sale of steam, brines, from which no minerals have been extracted, and associated gases at the point of delivery to the purchaser; and(2)A royalty of five percent of the gross revenue, exclusive of charges, approved by the commissioner, that were made or incurred with respect to transmission or other services or processes, received from the sale of mineral products or chemical compounds recovered from geothermal fluids or chemical compounds.All royalties shall be subject to renegotiation after ten years from the effective date of the lease and at ten-year intervals thereafter.All geothermal leases shall provide for the payment of a reasonable annual rental, as fixed by the rules and regulations of the commissioner of school and public lands, but in no event to be less than one dollar per acre per year. Source: SL 1980, ch 40, §9.
SD Codified L § 5-7-25 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-25 - Customary provisions inserted in leases for protection of state and surface owners and lessees.

5-7-25. Customary provisions inserted in leases for protection of state and surface owners and lessees.The commissioner of school and public lands may insert in oil, gas, and geothermal resources leases such general provisions as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased land and not inconsistent or in conflict with the provisions of this chapter and of other laws. Source: SL 1931, ch 203, §9; SDC 1939, §15.0510; SL 1941, ch 53, §1.