reglab/housing_qa huggingface dataset:
SD Codified L § 10-6-117 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-117 - Agricultural land--Riparian buffer strip classification--Criteria--Duration.

10-6-117. Agricultural land--Riparian buffer strip classification--Criteria--Duration. Agricultural land shall be classified as a riparian buffer strip pursuant to §10-6-116, if it meets the following criteria:(1)The agricultural land consists of existing or planted perennial vegetation;(2)The riparian buffer strip is a minimum of fifty feet in width along an eligible river, stream, or lake, and extends up to a maximum of one hundred twenty feet in width along an eligible river, stream, or lake. For the purposes of this section, the measurement along a river or stream begins at the top of the bank or where the upland or terrestrial vegetation begins, whichever is closer to the water channel, and extends landward from the beginning measuring point. The measurement along a lake begins where upland or terrestrial vegetation begins and extends landward from the beginning measuring point. A riparian buffer strip may vary along the riparian area if the strip is at least fifty to one hundred twenty feet in width and is mapped to calculate the taxable area involved;(3)The perennial vegetation is not harvested or mowed before July tenth unless the riparian buffer strip is impacted by center pivot irrigation, then the perennial vegetation may not be harvested or mowed before June twenty-fifth. However, a minimum of four inches of vegetative cover shall be maintained at all times;(4)The perennial vegetation is not grazed during the months of May to September, inclusive; and(5)The landowner files a verified application with the director of equalization of the county where the agricultural property is located, verifying that the criteria of this section has been met.The landowner shall include in the application a legal description of the parcel where the riparian buffer strip is located, all necessary documentation including maps and acre totals, and any other information required by the director to determine eligibility. The application must be filed with the director before October sixteenth. If the director determines that the agricultural land meets the criteria provided by this section, the land must be assessed pursuant to §10-6-116 on November first, and shall continue to be classified as a riparian buffer strip for a period of ten years unless there is a change in use or if any of the criteria required under this section are not met. Following each ten-year period, an application to maintain classification as a riparian buffer strip shall be filed with the director before October sixteenth. The application must be in a form as prescribed by the secretary of revenue. Source: SL 2017, ch 63, §2; SL 2021, ch 44, §§ 14, 44; SL 2021, ch 46, § 2.
SD Codified L § 10-6-118 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-118 - Penalty for misrepresentation of agricultural land as qualifying as riparian buffer strip.

10-6-118. Penalty for misrepresentation of agricultural land as qualifying as riparian buffer strip.Any person, who requested that agricultural land be categorized as a riparian buffer strip pursuant to §10-6-116 and intentionally misrepresents any fact as to the qualification of the land as a riparian buffer strip, shall be assessed a penalty equal to two dollars per thousand dollars of taxable valuation on the land. The assessment shall become a lien on the property pursuant to §10-21-33. When assessing the penalty imposed by this section, the taxable valuation of the land shall be based on the agricultural income value of the land. Source: SL 2017, ch 63, §3; SL 2021, ch 44, § 44.
SD Codified L § 10-6-119 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-119 - Basis for determining valuation for tax purposes--Cost, market and income approaches to appraisal considered.

10-6-119. Basis for determining valuation for tax purposes--Cost, market and income approaches to appraisal considered. The director shall individually assess each tract of real property at its fair market value. In determining the fair market value of property, the director may not adopt a lower or different standard of value because it is to serve as a basis of taxation. The director may not adopt as a criterion of value the price for which a tract of real property would sell at a forced sale, or in the aggregate with all other tracts of real property in the county. The director shall determine the fair market value by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. The director shall consider and document all elements of such approaches that are applicable prior to a determination of fair market value. Source: SL 1897, ch 28, §25; RPolC 1903, §2085; RC 1919, §6700; SDC 1939, §57.0334; SL 1957, ch 459, §1; SL 1977, ch 86, §1; SL 1989, ch 86, §1; SL 1989, ch 87, §1; SL 1992, ch 60, §2; SL 2021, ch 44, §§ 15, 44.
SD Codified L § 10-6-120 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-120 - Property not used for agriculture separately assessed.

10-6-120. Property not used for agriculture separately assessed. Land or improvements on land within an operating unit that is not used incident to an agricultural pursuit shall be separately listed and assessed. Source: SL 1970, ch 79, §4; SL 2008, ch 44, §15, eff. July 1, 2009; SL 2021, ch 44, §§ 17, 44.
SD Codified L § 10-6-121 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-121 - Minimum and maximum median sales to assessment ratio.

10-6-121. Minimum and maximum median sales to assessment ratio.The median sales to assessment ratio of all real property may not be less than eighty-five percent or more than one hundred percent. Source: SL 1989, ch 86, §6; SL 1990, ch 71, §1; SL 1993, ch 84, §3; SL 2021, ch 44, § 44.
SD Codified L § 10-6-122 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-122 - Maximum coefficient of dispersion.

10-6-122. Maximum coefficient of dispersion.The coefficient of dispersion for real property in a county, as calculated pursuant to §10-11-59, may not be more than twenty-five percent. Source: SL 1989, ch 86, §7; SL 1990, ch 71, §§2, 9; SL 2021, ch 44, § 44.
SD Codified L § 10-6-123 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-123 - Distinction between agricultural and nonagricultural real property.

10-6-123. Distinction between agricultural and nonagricultural real property.For the purposes of §§10-6-121 and 10-6-122, there shall be a separate median sales to assessment ratio and coefficient of dispersion for agricultural and nonagricultural real property. Source: SL 1990, ch 71, §6; SL 2021, ch 44, § 44.
SD Codified L § 10-6-124 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-124 - Promulgation of rules--Purposes.

10-6-124. Promulgation of rules--Purposes.The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning the:(1)Collection and tabulation of information required to determine median appraisal or sales assessment ratio, and coefficient of dispersion;(2)Criteria to be included in a compliance audit of assessment practices;(3)Conditions under which a certificate of compliance may be issued to a county;(4)Procedures for determining the valuation of agricultural buildings and structures;(5)Procedures for determining the valuation of dwellings on agricultural land and automobile garages or portions of buildings used as automobile garages;(6)Application of cropland and noncropland income values;(7)Application of soil classification standards; and(8)Procedures for making adjustments to the value of agricultural land pursuant to §§10-6-127 to 10-6-132, inclusive.Before the secretary promulgates any rules pursuant to subdivision (4) to (8), inclusive, the secretary shall present the proposed rules to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force established pursuant to §10-6-134. Source: SL 1990, ch 71, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 44, §13; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 44, § 44.
SD Codified L § 10-6-125 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-125 - Assessed value of inundated farmlands--Classification.

10-6-125. Assessed value of inundated farmlands--Classification. If an application is submitted pursuant to §10-6-126, the director shall take into consideration and make adjustments in setting the assessed value for agricultural land which has been inundated by floods and is not farmable during the past three growing seasons. The director shall use the marshland soils rating classification pursuant to § 10-6-130 to determine the assessed value of the acreage inundated and not farmable. Source: SL 1998, ch 55, §1; SL 1999, ch 43, §1; SL 2021, ch 43, § 10; SL 2021, ch 44, §§ 20, 44.
SD Codified L § 10-6-126 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-126 - Request for special assessment for inundated farmland--Time limit--Description of land.

10-6-126. Request for special assessment for inundated farmland--Time limit--Description of land. If agricultural land has been inundated by floods and was not farmable during the past three growing seasons, any landowner or the landowner's agent or attorney may request the director to specially assess the land for the purpose of taxation by submitting an application before November first. The landowner or the landowner's agent or attorney shall describe on the application the portion of the agricultural land that has been inundated by floods and was not farmable during the past three growing seasons. Source: SL 1999, ch 43, §2; SL 2021, ch 44, §§ 21, 44.
SD Codified L § 10-6-127 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-127 - Agricultural land to be assessed based on agricultural income value.

10-6-127. Agricultural land to be assessed based on agricultural income value.Notwithstanding the provisions of §10-6-119, beginning on July 1, 2009, agricultural land shall be assessed based on its agricultural income value on a per acre basis. The agricultural income value of agricultural land shall be determined on the basis of productivity and the annual earnings capacity of the agricultural land. The productivity of agricultural land and its annual earning capacity shall be based on data collected and analyzed pursuant to this section and §§10-6-128 to 10-6-132, inclusive.Agricultural income value is defined as the capitalized annual earning capacity on a per acre basis which has been adjusted by an amount that reflects the landowner's share of the gross return. The capacity of cropland to produce agricultural products shall be based on the income from crops or plants produced on the land. The capacity of noncropland to produce agricultural products shall be based on cash rents or the animal unit carrying capacity of the land, or a combination of both. For the purpose of this section, annual earning capacity for:(1)Cropland is thirty-five percent of the annual gross return to the land; and(2)Noncropland is one hundred percent of the annual gross return to the land based on cash rent for noncropland.The annual earning capacity shall be capitalized at a rate of six and six-tenths percent to determine the agricultural income value. Source: SL 2008, ch 44, §5; SL 2009, ch 40, §1; SL 2021, ch 44, § 44.
SD Codified L § 10-6-128 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-128 - Agricultural income value--Determination--Database of cropland data.

10-6-128. Agricultural income value--Determination--Database of cropland data.The secretary of revenue, upon notifying the Agricultural Land Assessment Implementation and Oversight Advisory Task Force, may contract with one or more qualified entities for the purpose of creating or maintaining a database to determine the agricultural income value of agricultural land by county, consisting of eight consecutive years of cropland data and noncropland data. The data for the year representing the highest agricultural income value among the eight years and the year representing the lowest agricultural income value among the eight years shall be discarded from the database and the remaining six years averaged for valuation purposes. For each assessment year, the first year of the eight-year data period shall be the year that is nine years less than the assessment year.The cropland data must include acres planted, acres harvested, yield per acre, and statewide crop prices. The noncropland data must include cash rents and statewide calf prices. The noncropland data may also include rangeland and pastureland animal unit months per acre, rangeland and pastureland acres, and grazing season data.Any qualified entity contracting with the secretary of revenue pursuant to this section shall provide the data for each county to the secretary of revenue by June first of each year.For purposes of this section, a qualified entity is a federal or state agency, instrumentality, institution of higher learning, other federal or state authority, or private entity with expertise in researching or evaluating land production capacity. Source: SL 2008, ch 44, §6; SL 2009, ch 40, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2011, ch 49, §1; SL 2020, ch 37, § 1; SL 2021, ch 44, § 44.
SD Codified L § 10-6-129 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-129 - Factors used for percentage of annual earning capacity.

10-6-129. Factors used for percentage of annual earning capacity.The economics department of South Dakota State University shall submit recommendations to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force by November 1, 2008, regarding factors to use for the percentage of annual earning capacity to be used to determine the agricultural income value of the land pursuant to §10-6-127 and other provisions used to assess agricultural land that will provide the least amount of shift between cropland and noncropland on a statewide basis. Thereafter, the economics department shall submit such recommendations, if any, to the task force by September first of each year. Source: SL 2008, ch 44, §7; SL 2021, ch 44, § 44.
SD Codified L § 10-6-130 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-130 - Soil classification--Land categorization--Director adjustments.

10-6-130. Soil classification--Land categorization--Director adjustments. All soils shall be divided into classes based on soil classification standards developed by the United States Department of Agriculture, Natural Resources Conservation Service. All agricultural land shall be categorized as either cropland or noncropland. The department shall provide each county with soil ratings for all soil types present in the county. The director of equalization shall implement the soil ratings and utilize the ratings as the basis for determining the value of each soil type in the county. The director may make an adjustment to a parcel pursuant to § 10-6-131. Source: SL 2008, ch 44, §9; SL 2021, ch 43, § 11; SL 2021, ch 44, §§ 23, 44.
SD Codified L § 10-6-131 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-131 - Agricultural income value for county--Adjustment of assessed value by director.

10-6-131. Agricultural income value for county--Adjustment of assessed value by director. 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 assessed value of agricultural land may be adjusted by the director to the extent one or more of the following factors 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.The director shall document each adjustment. The director shall document an 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 adjustment documentation must be kept in the director's office for the life of the adjustment. 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; SL 2021, ch 44, §§ 22, 44.
SD Codified L § 10-6-132 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-132 - Classification of buildings and structures.

10-6-132. Classification of buildings and structures.Buildings and structures, other than normally occupied dwellings on agricultural land and automobile garages or portions of buildings used as automobile garages, which are used exclusively for agricultural purposes and situated on agricultural land, are hereby specifically classified for tax purposes as agricultural property and shall be assessed as similar nonagricultural property. Source: SL 2008, ch 44, §10; SL 2021, ch 44, § 44.
SD Codified L § 10-6-133 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-133 - Fair market value of agricultural land.

10-6-133. Fair market value of agricultural land. The agricultural income value for agricultural land as determined by §§10-6-127 to 10-6-132, inclusive, represents the fair market value of agricultural land for purposes of assessment, equalization, and taxation, and the department shall provide the director the factor of adjustment necessary for the computation required pursuant to §§10-3-41, 10-12-31.1, 10-12-42, and 10-13-37. Source: SL 2008, ch 44, §11; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 44, §§ 24, 44.
SD Codified L § 10-6-134 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-134 - Agricultural Land Assessment Implementation and Oversight Advisory Task Force.

10-6-134. Agricultural Land Assessment Implementation and Oversight Advisory Task Force.There is hereby established the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. The task force shall consist of the following fourteen members:(1)The speaker of the House of Representatives shall appoint four members of the House of Representatives, no more than two of whom may be from one political party;(2)The speaker of the House of Representatives shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background;(3)The president pro tempore of the Senate shall appoint four members of the Senate, no more than two of whom may be from one political party; and(4)The president pro tempore of the Senate shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background.The speaker of the House of Representatives and president pro tempore of the Senate before the close of each regular session of the Legislature held in odd-numbered years shall appoint members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.The task force shall advise the department regarding the rules promulgated by the department to administer the provisions concerning the assessment and taxation of agricultural lands and shall review the implementation of the provisions of law concerning the assessment and taxation of agricultural land. The task force shall report to the Senate and House of Representatives and may submit a copy of its report to the Governor. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board. Source: SL 2008, ch 44, §12 as amended by SL 2008, ch 42, §2; SL 2009, ch 41, §1; SL 2013, ch 45, §1; SL 2021, ch 44, §§ 25, 44.
SD Codified L § 10-6-135 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 06 - Annual Assessment Of Property|Section 10-6-135 - Recommendations required by Agricultural Land Assessment Implementation and Oversight Advisory Task Force.

10-6-135. Recommendations required by Agricultural Land Assessment Implementation and Oversight Advisory Task Force. The Agricultural Land Assessment Implementation and Oversight Advisory Task Force established pursuant to § 10-6-134 shall make recommendations in the following areas:(1)The proper percentage of annual earning capacity and capitalization rate to be used to determine the agricultural income value pursuant to § 10-6-127;(2)The changes, if any, that must be made to §§ 13-16-7, 13-37-16, and 13-37-35.1 to ensure that the total amount of additional taxes that may be generated on agricultural land by a school district pursuant to the provisions of §§ 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue increase for the school district pursuant to the implementation of the productivity system pursuant to §§ 10-6-127 to 10-6-132, inclusive;(3)The changes, if any, that must be made to §§ 13-16-7, 13-37-16, and 13-37-35.1 to ensure that the total amount of property taxes that may be lost on agricultural land by a school district pursuant to the provisions of §§ 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue decrease for the school district pursuant to the implementation of the productivity system pursuant to §§ 10-6-127 to 10-6-132, inclusive; and(4)The distribution of the local effort for the general fund of school districts between the classifications of real property as provided by § 13-13-72.1 which establishes the real property tax contribution from agricultural property for the general fund of school districts as a fixed ratio of the total local effort for such levies. The task force shall also consider the other taxes paid by agricultural property, the relationship of the total assessed value of agricultural property to the total assessed value of all real property, and other factors the task force deems appropriate. Source: SL 2021, ch 44, § 26.