reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-21 - Action to enforce prohibition against subletting--Disposition of proceeds.

5-5-21. Action to enforce prohibition against subletting--Disposition of proceeds.
Any action to enforce the provisions of §5-5-20 shall be prosecuted by the state's attorney of the county, if the state's attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The gross amount awarded by the court shall be paid to the commissioner and credited to the same account and in the same manner as the lease rental on the lands is credited.
Source:
SDC 1939, §15.0417 as added by SL 1951, ch 44; SL 1994, ch 47, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-22 - Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.

5-5-22. Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.
In offering any land for leasing or at any time after the lease has been made, the commissioner of school and public lands may grant to any lessee of land under the provisions of this chapter a permit to erect thereon such buildings, corrals, fences, and well apparatus as may be necessary to fully carry out the purposes of the lease, and such lessee may remove such improvements as are capable of removal without damage to the land at any time before the expiration of the term or upon cancellation of the lease, and during a period of sixty days from the date upon which such land is offered for releasing or sale, and may sink such wells and construct such dams thereon as may be necessary, the cost of which may not exceed an amount agreed upon by the commissioner. In addition, the commissioner of school and public lands may grant in like manner a permit to prepare the ground and to plant shelter belts on such land, and to perform government approved ripping, furrowing, contouring, and reseeding. However, the lessee shall notify the county auditor and the commissioner of school and public lands in writing whenever any such improvements are placed upon such lands. In no event is the state liable for any material furnished for, nor for any labor performed on, such improvements.
Source:
SL 1917, ch 339, §18; RC 1919, §5650; SDC 1939, §15.0415; SL 1941, ch 52; SL 1943, ch 51; SL 1957, ch 44; SL 1966, ch 36; SL 1985, ch 37, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-23 - State ownership of improvements not removed--Permit renewed by new lease by same lessee.

5-5-23. State ownership of improvements not removed--Permit renewed by new lease by same lessee.
If such improvements are not removed in the manner and within the time specified in §5-5-22 or within such further period as may be granted by the commissioner of school and public lands for good cause shown, or unless such improvements are disposed of as hereinafter provided, then such improvements shall become the property of the state without further consideration. In the event that any lessee, who, upon the expiration of his lease, re-leases such tract of land at the letting, any permit for improvements previously issued and his rights to the same shall be automatically renewed for the period of time covered by such new lease without any further action on the part of such lessee.
Source:
SL 1917, ch 339, §§18, 19; RC 1919, §§5650, 5651; SL 1923, ch 254; SDC 1939, §15.0415; SL 1941, ch 52; SL 1943, ch 51; SL 1957, ch 44.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-24 - Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal.

5-5-24. Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal.
After the first day of September of the last year of such lease on land for agricultural purposes, the lessee may apply for and may receive a permit from the commissioner of school and public lands in the same manner as other permits for improvements are granted for fall tillage or chemical weed control for the planting of a crop the following spring, and in addition thereto the cost of the planting of a crop in the fall.
In no case may the permit exceed the actual cost of tillage or chemical weed control on the land, and in case the land is seeded in the fall, not more than the actual additional cost of the seed and the seeding of the same.
Such permit has the full force and effect of permits for other improvements and shall be handled in like manner.
In the event a board of appraisal as hereinafter provided is required to appraise the value of such improvements, they may not take into consideration the value of any crop growing on the lands covered by a permit but shall appraise only the cost of preparing the land and seeding the same.
Source:
SDC 1939, §15.0415 as added by SL 1941, ch 52; SL 1943, ch 51; SL 1957, ch 44; SL 1985, ch 37, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-25 - Notice to lessee of expiration of lease--Rental rate for extension.

5-5-25. Notice to lessee of expiration of lease--Rental rate for extension.
The commissioner shall notify each lessee by certified or registered mail directed to his post office address, as shown by the records in the office of the commissioner, on or before the first day of November first preceding the expiration of each lease that such lease will expire the following March first. Such notice shall be made in triplicate and two copies thereof mailed to the lessee.
The commissioner shall state in such notice the rental rate at which such lease can be extended for an additional five years. Such rate for grazing leases shall be the current rental on common school, indemnity, and endowment lands at the time of the issuance of the notice to the lessee. Such rate for agriculture leases shall be as provided for in §5-5-6.1.
Source:
SL 1949, ch 71, §3; SDC Supp 1960, §15.0405-3; SL 1985, ch 37, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-27 - Extension or renewal on application by lessee--Cancellation of lease on failure to renew.

5-5-27. Extension or renewal on application by lessee--Cancellation of lease on failure to renew.
If the lessee wishes to exercise the option to receive a new lease, the lessee shall sign one copy of the duplicate notice mailed to the lessee by the commissioner. The lessee shall return it to the commissioner on or before the first day of December preceding the expiration date of the lease. Upon receipt of the signed option, the commissioner shall grant a five-year extension or renewal. The lease may be canceled if the lessee fails to return the notice to the commissioner on or before the first day of December.
Source:
SL 1949, ch 71, §5; SDC Supp 1960, §15.0405-5; SL 1984, ch 37; SL 1994, ch 47, §5; SL 1998, ch 29, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-28 - Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee.

5-5-28. Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee.
Whenever the commissioner of school and public lands shall offer any school or endowment agricultural lands for re-leasing before the expiration of an existing lease and the lands are leased to any person other than the holder of the unexpired lease, such lease shall permit the new lessee to enter upon such land for the purpose of fall tillage, chemical weed control, and planting, such commissioner being careful to prescribe proper rules and regulations for safeguarding the rights of the holder of the unexpired lease.
Source:
SL 1917, ch 339, §12; RC 1919, §5644; SL 1933, ch 172, §1; SDC 1939, §15.0409; SL 1985, ch 37, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-29 - Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements.

5-5-29. Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements.
If any permitted improvement is located on any school or endowment land and the land has been offered for lease or sale and a person other than the owner of the improvement is the highest bidder, the bidder shall deposit with the county auditor a receipt showing payment of the amount due before the lease or sale is made. In addition, the highest bidder shall deposit with the county treasurer an amount equal to the appraised value of each improvement as determined by the board of appraisal or an amount agreed between the successful bidder and the owner of the improvement. The owner of the improvement may elect to remove the improvement.
Source:
SL 1917, ch 339, §19; RC 1919, §5651; SL 1923, ch 254; SDC 1939, §15.0416; SL 1971, ch 29, §1; SL 2018, ch 45, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-30 - Application by owner of improvements for appraisal--Deposit for cost of appraisal.

5-5-30. Application by owner of improvements for appraisal--Deposit for cost of appraisal.
If the owner of the improvement described in §5-5-29 elects not to remove the improvement and the owner does not agree with the successful bidder on the value of the improvement, the owner shall within five business days from the date on which the land is offered for lease or sale make application to the county auditor asking for the appraisal of the improvement by a board of appraisal. The county auditor shall appoint the board members pursuant to §5-5-31. The owner shall make a deposit sufficient to cover the cost of appraisal as determined by the county auditor. The board members shall be paid by the county auditor from the amount deposited by the owner.
Source:
SL 1917, ch 339, §19; RC 1919, §5651; SL 1923, ch 254; SDC 1939, §15.0416; SL 2018, ch 45, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-25.1 - Geothermal resources--Additional provisions applicable to.

5-7-25.1. Geothermal resources--Additional provisions applicable to.
The provisions of §§5-7-25 to 5-7-37, inclusive, apply to geothermal resources.
Source:
SL 1980, ch 40, §10.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-26 - Leases assignable--Minimum tract assignable.

5-7-26. Leases assignable--Minimum tract assignable.
All oil, gas, and geothermal resources leases shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the commissioner of school and public lands. The term "legal subdivision" as used herein shall be construed in the ordinary sense as used and recognized in the Bureau of Land Management of the United States.
Source:
SL 1931, ch 203, §4; SDC 1939, §15.0512.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-27 - Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.

5-7-27. Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.
The assignments provided for in §5-7-26 shall be executed and acknowledged in duplicate in the manner prescribed for conveyance of real estate in this state, and subject to recordation as other instruments conveying real estate and, in addition thereto, a duplicate original shall be filed in the office of the commissioner of school and public lands who shall record same in permanent form in his office as a public record and shall return the original to the person entitled thereto after recording. The approval of the commissioner shall be noted upon all originals of the assignment. The commissioner shall prescribe the form to be used for such assignments and shall fix a reasonable fee for the filing, recording, and approval of the same.
Source:
SL 1931, ch 203, §4; SDC 1939, §15.0512.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-28 - Grounds for refusal to approve assignment of lease.

5-7-28. Grounds for refusal to approve assignment of lease.
The commissioner of school and public lands shall have the right to refuse approval of any assignment not executed in proper form or by the proper person or persons, or when the lease is not in good standing as to the assigned tracts, or when litigation is pending affecting the lease or the interest of any person therein.
Source:
SL 1931, ch 203, §4; SDC 1939, §15.0512.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-29 - Effect of approved assignment of lease.

5-7-29. Effect of approved assignment of lease.
Upon approval by the commissioner of school and public lands of an assignment, the assignor shall stand relieved from all obligations to the state with respect to the lands embraced in the assignment and the state shall likewise be relieved from all obligations to the assignor as to such tract or tracts, and thereupon, the assignee shall succeed 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.
Source:
SL 1931, ch 203, §4; SDC 1939, §15.0512.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-30 - Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.

5-7-30. Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.
The commissioner of school and public lands is hereby authorized to cancel any lease issued as provided in §§5-7-18 to 5-7-32, inclusive, for nonpayment of rentals or nonperformance by the lessee of any requirement of the lease. With the exception of the nonpayment of rentals on or before the date they are due, if any such cancellation shall be made, the commissioner must mail to the lessee or assignee, by registered or certified letter addressed to the post office address of such lessee or assignee shown by the records of the office of the commissioner, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation and if within thirty days after the mailing of said notice to the lessee or assignee he shall remedy the default specified in such notice, then no cancellation of said lease shall be ordered by the commissioner but, otherwise, the cancellation shall be made and all the rights of the lessee or assignee under the lease shall thereupon terminate. No notice of intention to cancel shall be required where the default is the nonpayment of rentals on or before the date they are due.
The mailing of the notice as provided in this section shall constitute notice of the intention of the commissioner to cancel the lease and no proof of receipt of such notice shall be necessary or required.
Source:
SL 1931, ch 203, §8; SDC 1939, §15.0513; SL 1953, ch 45.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-31 - Correction of mistaken land descriptions in leases.

5-7-31. Correction of mistaken land descriptions in leases.
Whenever any person, firm, or corporation has been granted a lease or leases and has not tested or prospected the land so leased and a mistake has been made in the description of the land, there may be substituted therefor other land for that leased, under such rules and regulations as may be prescribed by the commissioner of school and public lands; provided however, that such application for such correction must be made within six months from the date of the lease.
Source:
SL 1931, ch 203, §11; SDC 1939, §15.0514.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-32 - Pooling agreements on behalf of state authorized.

5-7-32. Pooling agreements on behalf of state authorized.
The commissioner of school and public lands is hereby authorized, in his discretion, to enter into agreements on behalf of the State of South Dakota for the pooling of acreage under his jurisdiction with other acreage for unit operations for the production of oil, gas, or geothermal resources and for the apportionment of oil, gas, or geothermal resources royalties on an acreage or other equitable basis.
Source:
SL 1939, ch 164, §1; SDC Supp 1960, §42.0815; SL 1976, ch 20, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-33 - Deposit of collections from leases in treasury.

5-7-33. Deposit of collections from leases in treasury.
The commissioner of school and public lands shall deposit the money realized from leasing of mineral interests owned by the state, or held in trust by the state with the state treasurer and direct that such money be credited to the appropriate fund.
Source:
SL 1953, ch 72, §1; SDC Supp 1960, §15.0516 (2); SL 1985, ch 39, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-34 - Apportionment of receipts from leasing of school, indemnity and endowment lands.

5-7-34. Apportionment of receipts from leasing of school, indemnity and endowment lands.
All money received from the leasing of all common school, indemnity, and endowment lands for oil and gas and other mineral or geothermal resources leasing of said lands shall be apportioned as follows:
Fifty percent shall be credited to the permanent school funds and fifty percent thereof into the several interest and income funds in the following proportions, to wit:
Common school 82.02289745
South Dakota State University 4.66838105
University of South Dakota 2.51170245
Educational and charitable .72960665
Department of Corrections, juvenile programs 1.16718575
School for Deaf 1.16728565
School for Blind and Visually Impaired .72952995
South Dakota Developmental Center--Redfield 1.16726135
School of Mines and Technology 1.16728735
Black Hills and Dakota State Universities 3.11243403
Northern State University 1.55642832
Source:
SL 1955, ch 53; SL 1985, ch 39, §3; SL 1989, ch 170, §1; SL 1989, ch 238, §4; SL 1998, ch 110, §3; SL 2002, ch 132, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-36 - Records of mineral interests and leases maintained by commissioner.

5-7-36. Records of mineral interests and leases maintained by commissioner.
The commissioner of school and public lands shall keep in his office a full and complete record of all lease lettings, sales, copies of all leases, a record of the payment of the rentals, a record of the assignment of the leases, a record of the acquisition of all mineral interests, a record of the royalties due and paid, and such other information as shall be determined by him to be of value to the State of South Dakota and the owners of mineral interests and leases.
Source:
SL 1953, ch 72, §1; SDC Supp 1960, §15.0516 (4).
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-37 - Rules and regulations governing leasing--Promulgation.

5-7-37. Rules and regulations governing leasing--Promulgation.
The commissioner of school and public lands shall from time to time promulgate such rules and regulations, not in conflict with any of the provisions of this chapter, as may be necessary or proper for carrying out such provisions governing the duties of the commissioner in executing leases of mineral, oil, gas, or geothermal resources rights, specifically prescribing forms to be used, fixing minimum bonus and rentals, and prescribing the method of sale, whether private or by public auction, or either or both.
Source:
SL 1919, ch 305, §9; SL 1931, ch 203, §10; SDC 1939, §15.0502.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-38 - Water law provisions applicable to certain geothermal leases.

5-7-38. Water law provisions applicable to certain geothermal leases.
All leases granted by the commissioner of school and public lands for the development of geothermal resources for industrial or commercial heating or production of electricity or minerals in solution, are subject to all of the provisions of chapters 46-5 and 46-6, inclusive.
Source:
SL 1980, ch 40, §12.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-39 - Validation of oil and gas leases prior to July 1, 1981.

5-7-39. Validation of oil and gas leases prior to July 1, 1981.
Any oil and gas lease executed by the Governor and the commissioner of school and public lands prior to July 1, 1981, is, notwithstanding any omissions, irregularities, or defects in the procedures, including publications, taken by the State of South Dakota in leasing the same, hereby validated and cured to the extent that the lease shall operate to convey to the person named as the lessee in the lease all of the rights provided in the lease.
Source:
SL 1982, ch 51, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 07 - Minerals On School And Public Lands › Section 5-7-40 - Limitation of actions to contest validity of oil and gas leases.

5-7-40. Limitation of actions to contest validity of oil and gas leases.
If any person has a vested right in any real property leased and desires to contest the validity of an oil and gas lease and no action to enforce such right is begun before July 1, 1983, such right shall be forever barred. No action so brought shall be of any force or effect, or maintained in any court in this state, unless before July 1, 1983, there is recorded in the office of the register of deeds of the county in which the real estate is situated, a notice of pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1982, ch 51, §2.