reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-41 - Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.

5-7-41. Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.
The commissioner of school and public lands may, upon his own motion or upon petition by an interested person assign, specific state-owned minerals to oil and gas royalty increment status. The assignment shall be made pursuant to the contested case requirements of chapter 1-26 and shall include a legal description of the state mineral lands assigned the status and a specific term, under ten years, during which the lands may be leased as on an oil and gas royalty increment status. The assignment may be made only upon a finding by the commissioner that:
(1)There has been no oil or gas production on the state-owned mineral land proposed to be assigned royalty increment status, and on private or federal minerals within the immediate area;
(2)There has been no oil or gas lease issued on the state-owned mineral land proposed to be assigned royalty increment status within the last ten years;
(3)There has been no oil or gas prospecting permit issued for the state-owned mineral land proposed to be assigned royalty increment status within the last five years;
(4)There has been no exploration permit for oil or gas issued by the Department of Agriculture and Natural Resources in the immediate area of the state-owned mineral land proposed to be assigned royalty increment status within the last five years;
(5)The assignment of oil and gas royalty increment status to the state-owned minerals may encourage the development of oil or gas reserves on those lands; and
(6)The assignment will not have a substantial impact on privately owned minerals within the immediate area surrounding the state-owned mineral land proposed to be assigned royalty increment status.
Source: SL 1992, ch 43, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-42 - Amount of royalty for leases of lands assigned oil and gas royalty increment status.

5-7-42. Amount of royalty for leases of lands assigned oil and gas royalty increment status.
Notwithstanding the provisions of §5-7-24, the commissioner may offer oil and gas leases for lands assigned oil and gas royalty increment status with a royalty of one-sixteenth of the oil and gas produced, saved and marketed from the leased lands for the first three years of the lease. The royalty on the lease shall automatically increase to one-twelfth of the oil and gas produced, saved and marketed from the leased lands for the second three years of the lease. Thereafter, the royalty on the lease shall automatically increase to a minimum of one-eighth of the oil and gas produced, saved and marketed from the leased lands, as established by the commissioner. All other terms of the oil and gas lease for state minerals assigned royalty increment status shall be the same as the standard oil and gas lease for state minerals.
Source:
SL 1992, ch 43, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-43 - Royalty increments for commingled lands assigned oil and gas royalty increment status.

5-7-43. Royalty increments for commingled lands assigned oil and gas royalty increment status.
The royalty increments of an oil and gas lease for lands assigned royalty increment status may not be altered due to the shut-in of a well. If the mineral lands assigned oil and gas royalty increment status are pooled, unitized, or otherwise commingled with production from other areas, the royalty increment status assignment shall automatically expire and the royalty on the involved state minerals shall automatically increase to a minimum of one-eighth of the oil and gas produced, saved, and marketed from the leased lands, as established by the commissioner.
Source:
SL 1992, ch 43, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-44 - Leases offered only during term of royalty increment status.

5-7-44. Leases offered only during term of royalty increment status.
Royalty increment status leases may be offered only during the term in which the state-owned minerals are assigned royalty increment status.
Source:
SL 1992, ch 43, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-45 - Commissioner authorized to issue leases for prospecting, exploration and mining.

5-7-45. Commissioner authorized to issue leases for prospecting, exploration and mining.
The commissioner may execute and issue in the name of the State of South Dakota, as lessor, leases for the sole and exclusive purpose of prospecting, exploration, and mining of all minerals upon or from any public lands over which the commissioner has jurisdiction, direction, control, care, and disposition under the constitution and laws of the State of South Dakota, such leases to be issued upon such terms and conditions as the commissioner may deem to be in the best interests of the State of South Dakota and not inconsistent with the provisions of this chapter.
Source:
SL 1993, ch 53, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-46 - Penalties for fraud.

5-7-46. Penalties for fraud.
Any lessee of mineral lands under this chapter who conceals, or attempts to conceal any sale of ores or mineral products derived therefrom on which a royalty is payable, or who defrauds, or attempts to defraud, the state out of any such royalty is subject to a civil penalty of not more than one thousand dollars for each day of violation. In addition, such civil penalty does not operate as a bar to the collection of amounts owed to the state by such lessee; and his lease shall be forfeited in the manner provided in this chapter.
Source:
SL 1993, ch 53, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-47 - Inspection of records.

5-7-47. Inspection of records.
The commissioner may inspect all records or books of account pertaining to the mining, extraction, transportation, reduction, and returns of all ores taken from such leased lands.
Source:
SL 1993, ch 53, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-48 - Preferential right of lessee to renew or purchase leased lands.

5-7-48. Preferential right of lessee to renew or purchase leased lands.
Any lessee of lands subject to a mineral lease, or the heirs, successors or assigns of such lessee, have a preferential right to renew the lease or to purchase or lease any estate in such lands that the state intends to sell, lease, or otherwise dispose of during the term of the mineral lease on the same terms and conditions as the state otherwise intends to lease, sell, or otherwise dispose of such estate. If the mineral lessee does not exercise such preferential right and the commissioner sells or leases any estate in such lands subject to a mineral lease, including an estate or lease for agricultural, meadow, pasturage, or other purposes, the rights of the purchaser or lessee of such estate are subordinate to the rights of the mineral lessee.
Source:
SL 1993, ch 53, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-49 - Definitions.

5-7-49. Definitions.
The term, minerals, as used in this chapter means all mineral deposits, whether lode, placer, or otherwise. The term, lessee, as used in this chapter includes an assignee under an approved assignment. The term, legal subdivision, as used in this chapter, has its ordinary meaning, as used and recognized by the Bureau of Land Management of the United States and the Office of School and Public Lands of the State of South Dakota.
Source:
SL 1993, ch 53, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-50 - Validity of leases prior to 1993 amendments to this chapter.

5-7-50. Validity of leases prior to 1993 amendments to this chapter.
All prospecting permits and leases issued prior to July 1, 1993 which have not expired, or which have not been canceled legally for nonperformance, are hereby declared to be valid and existing contracts with the State of South Dakota according to their terms and provisions, and the commissioner shall accept and recognize all such permits and leases according to their terms and provisions.
Source:
SL 1993, ch 53, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-51 - Relinquishment of prospecting permit.

5-7-51. Relinquishment of prospecting permit.
Any legal owner of any prospecting permit issued by the commissioner prior to July 1, 1993, if not in default of any of the provisions thereof, may relinquish such permit to the state and, upon application filed at the time of filing such relinquishment, the commissioner shall issue a lease in accordance with the provisions of this chapter.
Source:
SL 1993, ch 53, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-52 - Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties.

5-7-52. Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties.
All leases issued under these provisions shall be for a primary term of three years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the lands, subject to the continued payment of annual rentals.
If the lessee fails to discover and produce minerals in paying quantities during the primary term of the lease, the lessee may continue the lease in full force and effect for an additional or secondary term of two years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance two times the rental provided in the primary term.
However, if the lessee fails to discover and produce minerals in paying quantities during the secondary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or tertiary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance not less than three dollars per acre per year as rental.
If the lessee fails to discover and produce minerals in paying quantities during the tertiary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or quaternary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance of the lease anniversary date not less than ten dollars per acre per year as rental, plus a sum as advance royalty computed as follows:
For the eleventh year, not less than ten dollars per acre per year;
For the twelfth year, not less than twenty dollars per acre per year;
For the thirteenth year, not less than thirty dollars per acre per year;
For the fourteenth year, not less than forty dollars per acre per year; and
For the fifteenth year, not less than fifty dollars per acre per year.
However, upon the commencing of the production of minerals in paying quantities, the principal sum so paid as advance royalty for the lease year in which the mineral is produced and the advance royalty paid for the two previous years shall be credited against the royalty payable to the lessor.
Source:
SL 1993, ch 53, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-53 - Conditions warranting suspension of license--Effective date--Term of suspension.

5-7-53. Conditions warranting suspension of license--Effective date--Term of suspension.
In all cases where the lessee of a valid lease issued under these provisions, or the record owner of an approved assignment of such lease, provides to the commissioner of school and public lands proof of discovery on such lease of an ore body containing valuable mineral deposits deemed to be of merchantable quality and quantity and the lessee has established commercial production on lands subject to the lease, the commissioner of school and public lands upon proper application by the lessee or the record owner and after notice and hearing shall authorize a suspension of the lease during either the primary, secondary, tertiary, quaternary, or indeterminable terms of such lease for such period as may be fixed by him if the commissioner is satisfied that:
(1)Marketing conditions beyond the control of the lessee are such that the leased land cannot be mined and the ore marketed except at a loss; or
(2)Temporary conditions exist beyond the control of the lessee, with regard to the leased land then being mined which would operate to prevent the mining of the ore in keeping with safe mining practices.
A suspension authorized by the commissioner pursuant to the provisions of this section shall take effect as of the date of the commissioner's decision and shall suspend the lease for the period of such suspension, but in no event may any single suspension be for a period longer than five years.
All obligations of the lessee under a lease suspended pursuant to the provisions of this section are suspended, including the payment of rentals and advance royalties. However, the lessee shall pay an annual rental of not less than sixty dollars per acre per year for each year of suspension.
Source:
SL 1993, ch 53, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-54 - Annual rental--Minimum.

5-7-54. Annual rental--Minimum.
All leases issued by the commissioner shall provide for an annual rental to be paid by the lessee in advance, the amount thereof to be fixed by the commissioner, but in no case may the annual rental be less than one dollar per acre for the primary term nor less than two dollars per acre for the secondary term. The annual rental for any one lease may not be less than ten dollars.
Source:
SL 1993, ch 53, §10.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-55 - Payment of royalty--Amount.

5-7-55. Payment of royalty--Amount.
In addition to the annual rental, the lessee shall pay to the commissioner a royalty of not less than two percent of the gross returns from the sale of ores and mineral products derived therefrom, less reasonable transportation and smelting or reduction charges, if any, and such other customary and appropriate charges as determined by the commissioner by rules promulgated pursuant to chapter 1-26, of all ores or materials mined and extracted from the land. In addition, the lessee shall pay to the commissioner as royalty not less than two percent of any premiums and bonuses received in connection with the discovery, production or marketing.
Accounting for all royalties shall be made on the twentieth day of the month following the month of sale or receipt of premium or bonus.
Source:
SL 1993, ch 53, §11.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-56 - Marketing minerals.

5-7-56. Marketing minerals.
Any lease issued under the provisions of this chapter shall contain provisions requiring the lessee to market the mineral within a reasonable time after production is had.
Source:
SL 1993, ch 53, §12.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-57 - Bond required--Amount.

5-7-57. Bond required--Amount.
Before any lessee of minerals commences development or operations upon the lands, such lessee shall execute and file with the commissioner a good and sufficient bond or undertaking in an amount to be fixed by the commissioner, but not less than five thousand dollars, in favor of the State of South Dakota, for the benefit of any surface lessee, patentee, or contract purchaser, to secure the payment for such damage to the livestock, water, crops, or other tangible improvements on such lands as may be suffered by reason of development, use and occupation of such lands by the mining lessee. However, any lessee owning one or more mining leases may file a blanket bond in an amount to be fixed by the commissioner, but not less than ten thousand dollars, covering all leases then owned or thereafter acquired by him.
If any surface lessee, patentee, or contract purchaser files with the commissioner a waiver duly executed and acknowledged by him of his right to require such bond, such development, or occupation and use of the lands by a mineral lessee may be permitted without providing for the bond. This bond is in addition to any required by any other statute.
Source:
SL 1993, ch 53, §13.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-58 - Records furnished within reasonable bounds--Confidentiality of records.

5-7-58. Records furnished within reasonable bounds--Confidentiality of records.
The commissioner or the commissioner's designee may inspect all records, books, or accounts pertaining to the mining, extraction, transportation, and returns of ores taken from such leased lands. At the request of the commissioner, the lessee shall furnish such reports, samples, logs, assays, or cores within reasonable bounds as the commissioner may deem to be necessary to the proper administration of the lands under lease. The commissioner shall unless otherwise required by law keep such reports, samples, logs, assays, and cores confidential and may not disclose any such information to any third party during the life of the lease.
Source:
SL 1993, ch 53, §14.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-59 - Relinquishing lease to state.

5-7-59. Relinquishing lease to state.
With the consent of the commissioner, any lease issued under the provisions of this chapter may be relinquished in whole or in part to the State of South Dakota.
Source:
SL 1993, ch 53, §15.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-60 - Cancellation of lease by commissioner--Notice required.

5-7-60. Cancellation of lease by commissioner--Notice required.
The commissioner may cancel any lease issued under the provisions of this chapter for nonpayment of rentals, for nonpayment of royalties or for violation of any of the terms, covenants, or conditions thereof, but before any such cancellation shall be made, the commissioner shall mail to the lessee or assignee, by registered or certified mail, addressed to the post office address of the lessee or assignee as shown by the records of the office of the commissioner, a notice of intention to cancel the lease, specifying the default for which the lease is subject to cancellation. No proof of receipt of notice is necessary. Thirty days after the mailing, the commissioner may enter cancellation unless the lessee has remedied the default or contested in good faith. Any action to cancel a lease as provided in this chapter shall be conducted in accordance with the provisions of chapter 1-26. The lessee may remain in possession until a final decision is rendered.
Source:
SL 1993, ch 53, §16.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-61 - Assignment of lease.

5-7-61. Assignment of lease.
All leases issued under the provisions of this chapter are assignable in whole or in part. The assignment shall be executed and acknowledged in the manner prescribed for conveyance in this state and shall be filed in the office of the commissioner. Any assignment is subject to the consent of the commissioner who may not withhold his consent unreasonably. The approval of the commissioner shall be noted upon the assignment. The commissioner shall prescribe by rule promulgated pursuant to chapter 1-26 the form to be used for such assignments and shall fix a reasonable fee for the filing, recording and approval of the assignment. Upon approval by the commissioner of an assignment, the assignee is the successor to all of the rights and privileges of the assignor with respect to such tracts and shall be held to have assumed all of the duties and obligations of the assignor to the state as to such tracts. However, the record owner of any mineral lease may enter into any contract for the development of the leasehold premises or any portion thereof, or may create overriding royalties or obligations payable out of production, or enter into any other agreements with respect to the development of the leasehold premises or disposition of the production therefrom, and it is not necessary for any such contracts, agreements or other instruments to be approved by the commissioner of school and public lands. Nothing in this section relieves the record title owner of such lease from complying with any of the terms or provisions thereof. In any controversy respecting any such contracts, agreements or other instruments entered into by such lessee with other persons, neither the State of South Dakota nor the commissioner of school and public lands is a necessary party. All such contracts and other instruments shall be filed in the office of the commissioner of school and public lands and recorded in the office of the register of deeds of the county where the lands are situated, and the filing or recording thereof shall constitute public notice of the existence and contents of the instruments so filed or recorded. The commissioner may by rule promulgated pursuant to chapter 1-26 prescribe a reasonable fee for the filing of such instruments in the office of the commissioner of school and public lands. The production of minerals upon any lands embraced in any mineral lease shall continue such lease as to all of the land embraced therein for as long thereafter as any mineral or minerals in paying quantities are being produced in accordance with the provisions thereof, regardless of any assignment of all or a portion of the lease which may have been made prior or subsequent to the production.
Source:
SL 1993, ch 53, §17.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-62 - Removal of improvements and equipment upon termination--Time limit.

5-7-62. Removal of improvements and equipment upon termination--Time limit.
Upon termination of any lease issued under the provisions of this chapter by reason of forfeiture, surrender, expiration of term, or for any other reason, the lessee may remove all improvements and equipment as can be removed without material injury to the premises. However, all rents and royalties shall be paid and such removal accomplished within two years from the termination date or before such earlier date as the commissioner may set upon thirty days' written notice to the lessee. All improvements and equipment remaining upon the premises after the removal date as set in accordance with this section shall be forfeited to the State of South Dakota without compensation.
Source:
SL 1993, ch 53, §18.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-63 - Authority to withhold land from leasing--Rejection of application--Competitive bidding.

5-7-63. Authority to withhold land from leasing--Rejection of application--Competitive bidding.
Nothing contained in this chapter may be construed as requiring the commissioner to offer any tract of land for lease. The commissioner may withhold any tract from leasing for mineral purposes, if, in his opinion, the best interests of the state would be served by so doing, and nothing contained in this chapter may be construed as prohibiting the commissioner from rejecting any application at any time prior to approval and offering acreage embraced therein for lease upon competitive bidding.
Source:
SL 1993, ch 53, §19.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-64 - Transfer of State Cement Plant Commission mineral estates to commissioner of school and public lands.

5-7-64. Transfer of State Cement Plant Commission mineral estates to commissioner of school and public lands.
Notwithstanding any other provisions of law, the commission shall, not later than June 30, 2011, transfer all of the commission's right, title and interest in and to any mineral estates owned or leased by the commission to the commissioner of school and public lands.
Source:
SL 2010, ch 32, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-65 - Limited surface and subsurface easements for access to oil, gas, minerals, and geothermal resources.

5-7-65. Limited surface and subsurface easements for access to oil, gas, minerals, and geothermal resources.
The commissioner of school and public lands may grant limited surface and subsurface easements on public lands to provide access to land containing potential oil, gas, minerals, or geothermal resources which are not subject to lease pursuant to chapter 5-7 or to public lands held by a separate exploration, development, or production lease issued pursuant to chapter 5-7. Any easement shall be granted pursuant to the provisions of §5-2-11 with terms and conditions that are customary and proper for the protection of the rights of the state and the surface lessee.
Source:
SL 2014, ch 39, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 08 - Rural Credit Mineral Reservation › Section 5-8-2 - Validation of sales by Rural Credit Board.

5-8-2. Validation of sales by Rural Credit Board.
All sales of real estate made by the State of South Dakota, through its Rural Credit Board, and completed by contract or deed to the purchaser prior to February 23, 1947, and the proof, evidencing a compliance with the provisions of SDC 1960 Supp. 55.3219, has not been supplied or does not appear, are hereby legalized, cured, and validated and such proceedings shall be deemed to have been taken as by law provided.
Source:
SL 1945, ch 319, §1; SL 1949, ch 252, §1; SDC Supp 1960, §65.0326.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 08 - Rural Credit Mineral Reservation › Section 5-8-3 - Income credited to rural credit fund--Transfer to school funds.

5-8-3. Income credited to rural credit fund--Transfer to school funds.
All funds heretofore credited to the rural credit fund shall continue to be so credited. The commissioner of school and public lands shall from time to time direct the state treasurer to transfer moneys from the rural credit fund as follows: fifty percent to the common school interest and income fund and fifty percent to the common school permanent fund.
Source:
SL 1955, ch 279, §§1 to 3; SDC Supp 1960, §55.3229; SL 1976, ch 20, §4; SL 1978, ch 44.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-1 - Selection of school and endowment lands to be sold--Amount sold each year.

5-9-1. Selection of school and endowment lands to be sold--Amount sold each year.
The commissioner of school and public lands may select not more than fifty thousand acres from the school and endowment lands of the state, to be offered for sale in each fiscal year. However, in counties in which unsold school land amounts to more than five percent of the total acreage of the county, no more than twenty percent of the total acreage of such school land may be offered for sale, in any one year.
Source:
SDC 1939, §15.0301; SL 1949, ch 46; SL 1968, ch 34, §1; SL 1975, ch 49; SL 1998, ch 31, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-3 - Board of Appraisal--Selection of tracts for sale--Subdivision of lands of special value.

5-9-3. Board of Appraisal--Selection of tracts for sale--Subdivision of lands of special value.
There is hereby created a Board of Appraisal consisting of the commissioner of school and public lands and the state auditor. Whenever the commissioner shall direct the selection of lands in any county to be offered for sale, the Board of Appraisal shall select the quantity required and designate for sale each tract. Such Board of Appraisal shall take care to select and designate for sale first the most valuable lands, and shall ascertain all such lands as may be of special and peculiar value other than agricultural and cause the proper subdivision of the same, in order that the highest price may be obtained therefor.
Source:
SL 1911, ch 224, §31; RC 1919, §5655; SDC 1939, §15.0302; SL 1961, ch 54.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-4 - Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.

5-9-4. Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.
Such lands as shall not have been specially subdivided shall be designated and offered for sale in separate tracts of not more than eighty acres each, and the smallest subdivisions of those so subdivided shall be separately designated and offered for sale. The Board of Appraisal shall appraise such separate tract of land so selected and designated at its actual value under the terms of sale.
All lands designated for sale and not sold within two years after their appraisal shall be reappraised by the board of appraisers in the manner provided by law before they are sold.
Source:
SL 1911, ch 224, §§32, 34; SL 1915, ch 272; RC 1919, §§5656, 5658; SL 1919, ch 306, §2; SL 1927, ch 188; SDC 1939, §§15.0303, 15.0305; SL 1949, ch 47.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-5 - Offer to purchase particular tract--Forfeiture or return of payment.

5-9-5. Offer to purchase particular tract--Forfeiture or return of payment.
Any person may file with the commissioner of school and public lands a written offer on any tract, which offer shall be accompanied by a payment of fifty cents for each acre in the tract on which the offer is made. If the tract of land is selected for sale in the year in which the offer is made, the payment, once received, is not refundable and the amount shall be deposited to the credit of the permanent fund of the class of land involved. If the tract is not selected for sale by the commissioner or the Board of Appraisal in the year in which the offer is made, the payment shall be returned to the offeror.
Source:
SDC 1939, §15.0302 as added by SL 1961, ch 54; SL 1982, ch 52.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-6 - Publication of notice of land sale--Selection and appraisal to be concurrent.

5-9-6. Publication of notice of land sale--Selection and appraisal to be concurrent.
If land situated in a county is selected and designated for sale by the commissioner of school and public lands pursuant to the provisions of §5-9-1, the land shall be advertised for sale at public auction by the publication of a notice of the sale, stating the time and place at which the sale of land will begin. The notice shall be published once each week for at least four consecutive weeks in the official newspapers of the county in which the land is located. The published notice of the time and place of the sale need not include the legal descriptions of the land to be offered at the sale. The selection, designation, appraisal, and advertising of the sale of the land shall be done concurrently.
Source:
SL 1911, ch 224, §33; RC 1919, §5657; SL 1919, ch 306, §1; SDC 1939, §15.0304; SL 1961, ch 55; SL 1982, ch 50, §2; SL 1992, ch 44.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-7 - Certification and publication of description and appraised price of land offered.

5-9-7. Certification and publication of description and appraised price of land offered.
Fifteen days before the date of sale the commissioner of school and public lands shall certify to the county auditor, the description and appraised price of the land to be offered and shall cause the same to be published in the legal newspapers of the county for two publications.
Source:
SDC 1939, §15.0304 as added by SL 1961, ch 55.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-8 - Commissioner to conduct sales.

5-9-8. Commissioner to conduct sales.
All sales shall be conducted through the Office of the Commissioner of School and Public Lands. The commissioner shall at the time appointed direct the sale of the lands designated. In case the commissioner is unable to act, the duties prescribed in this section and §§5-9-9 to 5-9-11, inclusive, may be performed by an agent duly appointed and commissioned by him for that purpose.
Source:
SL 1911, ch 224, §35; RC 1919, §5659; SDC 1939, §15.0306; SL 1957, ch 42.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-9 - Time and place of sale--Minimum price--Adjournment of sale--Record of sales.

5-9-9. Time and place of sale--Minimum price--Adjournment of sale--Record of sales.
Such lands shall be sold at public auction to the highest bidder, at the courthouse of the county in which the lands are situated; or, if there be no courthouse, at the building in which the office of the county auditor is located, and between the hours of ten a.m. and five p.m. only. No bid shall be received and no land shall be sold for less than the appraised value and in no case for less than ten dollars an acre. The commissioner of school and public lands or his agent may adjourn the sale from day to day, and for good cause may adjourn it for a period of not more than three days.
The county auditor shall act as clerk at all sales of school lands and shall keep a complete record of such sales and forward a certified copy of the same to the commissioner.
Source:
SL 1911, ch 224, §§34, 35; SL 1915, ch 272; RC 1919, §§5658, 5659; SL 1919, ch 306, §2; SL 1927, ch 188; SDC 1939, §§15.0305, 15.0306; SL 1949, ch 47; SL 1957, ch 42.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-10 - Terms of installment sale--Interest--Prepayment option.

5-9-10. Terms of installment sale--Interest--Prepayment option.
The purchaser of common school lands and other lands donated for educational and charitable purposes, except those sold for cash, shall pay at least thirty percent of the purchase price in cash and the remaining seventy percent of the purchase price shall be paid in equal installments of three and one-half percent of the total purchase price on the first day of January of each succeeding calendar year until the whole is paid with interest thereon at a rate established annually by the commissioner of school and public lands, payable annually on the first day of January each year. The commissioner shall establish such interest rate by rules promulgated pursuant to chapter 1-26. The interest rate shall be not less than one and one-half percent above the New York prime lending rate existing at the end of May first of each year. The purchaser shall have the right or option of paying the balance or any number of installments on any date. The Board of Regents and the executive branch may sell extraneous real property as specifically authorized by the Legislature under the conditions prescribed in this section.
Source:
SL 1911, ch 224, §34; SL 1915, ch 272; RC 1919, §5658; SL 1919, ch 306, §2; SL 1927, ch 188; SDC 1939, §15.0305; SL 1949, ch 47; SL 1983, ch 31; SL 1985, ch 36, §2; SL 1989, ch 20, §58; SL 1992, ch 45.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-11 - Notice to lessee of sale.

5-9-11. Notice to lessee of sale.
Fifteen days before the date of sale of any land, the commissioner of school and public lands shall give notice by registered or certified mail, addressed to the record lessee at his record address, of the day, hour, and place of the sale.
Source:
SDC 1939, §15.0306 as added by SL 1957, ch 42.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-12 - Successful bidder's deposit with commissioner.

5-9-12. Successful bidder's deposit with commissioner.
If a bid is accepted the purchaser shall at once deposit with the commissioner at least thirty percent of the purchase price, or if the land is sold for cash, the purchaser shall deposit the full amount of the price bid.
Source:
SL 1911, ch 224, §36; SL 1917, ch 337; RC 1919, §5660; SDC 1939, §15.0307; SL 1994, ch 47, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-13 - Time of vesting of right or title after sale.

5-9-13. Time of vesting of right or title after sale.
No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have received the approval of the Governor.
Source:
SL 1911, ch 224, §36; SL 1917, ch 337; RC 1919, §5660; SDC 1939, §15.0307.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-14 - Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.

5-9-14. Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.
If a tract has been sold for cash, the commissioner of school and public lands shall report such sale to the Governor. If the Governor approves the sale, the commissioner shall prepare a patent for the tract according to a form which the commissioner shall prescribe, which shall be executed in the name of the state by the Governor, and attested by the commissioner, under the seal of office. The patent shall be forwarded after the expiration of sixty days from the date of sale to the register of deeds of the county in which the land is located for delivery to the purchaser. The commissioner shall record the patent, deed, or contract in the county in which the land is located and charge the fee assessed by the county plus a transaction fee of ten dollars.
Source:
SL 1911, ch 224, §37; RC 1919, §5661; SDC 1939, §15.0308; SL 1949, ch 48; SL 1994, ch 47, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-15 - Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.

5-9-15. Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.
The commissioner of school and public lands shall, on receipt of a report that a tract has been sold, if the land is to be paid for in installments, prepare a contract of sale for such tract in duplicate, according to a form which the commissioner shall prescribe, and shall submit the same to the Governor for approval. Should the Governor approve the sale, the Governor shall certify such approval and the commissioner shall execute the same. The approval of the Governor and one copy of such contract shall be filed in the office of the commissioner, and the other copy of the contract shall be forwarded to the purchaser after the expiration of sixty days from the date of sale and a copy of the final abstract of sale shall be forwarded to the county auditor for use as noted in §5-9-28.
Source: SL 1911, ch 224, §37; RC 1919, §5661; SDC 1939, §15.0308; SL 1949, ch 48; SL 1967, ch 34; SL 1980, ch 44; SL 2023, ch 3, §27.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-16 - Assignment or conveyance under installment contract--Approval required--Form--Filing fee.

5-9-16. Assignment or conveyance under installment contract--Approval required--Form--Filing fee.
Any assignment of any rights under such contract, or conveyance of any interest in the lands therein described is ineffective until such assignment or conveyance is first approved, in writing, by the commissioner of school and public lands. The commissioner shall prescribe the form to be used for such assignment or conveyance and shall fix a reasonable fee for filing, recording, and approval of it.
Source:
SDC 1939, §15.0308 as added by SL 1949, ch 48; SL 1984, ch 36, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.

5-9-17. Return of purchaser's deposit on governor's disapproval of sale.
If the Governor disapproves of the sale of any tract, the commissioner of school and public lands shall return in full to the purchaser, the sum deposited for the tract.
Source:
SL 1911, ch 224, §37; RC 1919, §5661; SDC 1939, §15.0308; SL 1949, ch 48; SL 1994, ch 47, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-23 - Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession.

5-9-23. Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession.
The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the commissioner of school and public lands. Whenever the purchaser of any tract shall fail to pay the principal and interest due by him to the state for such tract within three months after same shall become due or shall violate any of the provisions of the contract of sale, such contract shall be null and void and he shall forfeit the amount of purchase money and interest paid on the purchase of said land, and all right, title, and interest in all improvements thereon, and such payments and improvements shall be retained by the state for the same purposes for which the proceeds of sale from such lands are used, in full satisfaction and in liquidation of all damages for the use and possession of said property by the purchaser; and the state shall have immediate right to reenter and take possession of said real estate.
Source:
SL 1911, ch 224, §42; RC 1919, §5666; SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309; SL 1988, ch 49, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-24 - Procedure for forfeiture of installment contract--Service of notice.

5-9-24. Procedure for forfeiture of installment contract--Service of notice.
To effect such forfeiture the commissioner of school and public lands shall serve upon the purchaser or his legal representatives or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after the service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service. Such notice shall be served personally in the manner provided for the service of summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts the return of the sheriff of the county where the real estate lies shall be prima facie evidence that he cannot be found in such county, then service shall be made by three weeks published notice in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all of the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state, proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.
Source:
SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-25 - Recording of notice of default--Prima facie evidence.

5-9-25. Recording of notice of default--Prima facie evidence.
A copy of the notice with proof of service thereof and the affidavit of the commissioner of school and public lands showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie evidence of the facts therein stated.
Source:
SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-26 - Reinstatement of contract on compliance by purchaser with conditions of notice.

5-9-26. Reinstatement of contract on compliance by purchaser with conditions of notice.
If within the time mentioned in the notice, the person served complies with such conditions and pays the cost of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided in §5-9-23.
Source:
SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309.