reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-4 - Selection of indemnity lands for land settled before survey.

5-3-4. Selection of indemnity lands for land settled before survey.
When the commissioner of school and public lands shall ascertain that sections sixteen and thirty-six or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, such commissioner is authorized, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture, when necessary, to select from the surveyed, unreserved, and unappropriated public lands of the United States within this state other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.
Source:
SL 1917, ch 336, §4; RC 1919, §5723; SDC 1939, §15.0204.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-5 - Selection of indemnity lands for land within federal reservations--Retention of land with peculiar value to state.

5-3-5. Selection of indemnity lands for land within federal reservations--Retention of land with peculiar value to state.
When the commissioner of school and public lands shall ascertain that sections sixteen and thirty-six, or any part thereof, granted to the state, are or have been lawfully included and embraced within any forest or other reservation established under or by authority of any act of Congress, such commissioner shall, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, select from the surveyed, unreserved, and unappropriated public lands of the United States, within this state, other land equivalent thereto in area and value in legal subdivisions and as contiguous as may be to the section in lieu of which the same is taken; provided that if the commissioner shall, upon examination or otherwise, determine that any land, which might ultimately become vested in the state in such forest or other reservation, borders on or is in the vicinity of any lake, waterfall, spring, or other naturally advantageous site, or any natural curiosity, or for any other cause such land has, or in the future may have, peculiar value to the state, then the commissioner shall not certify such lands to the secretary of the interior as a basis for indemnity selections in lieu thereof but the state shall retain its claim to perfect title to such land.
Source:
SL 1917, ch 336, §5; RC 1919, §5724; SDC 1939, §15.0205.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-6 - Selection of indemnity lands for land in lake or navigable river.

5-3-6. Selection of indemnity lands for land in lake or navigable river.
When the commissioner of school and public lands ascertains that what, if surveyed, would be sections sixteen and thirty-six, or any part thereof, granted to the state, falls upon any lake or navigable river, and that the quantity of land intended to be conveyed as sections sixteen or thirty-six is lost to the state thereby, it shall be the duty of such commissioner to apply to the secretary of the interior for permission to select indemnity lands in lieu of the loss, in quantity so sustained by the state.
Source:
SL 1917, ch 336, §6; RC 1919, §5725; SDC 1939, §15.0206.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-7 - Exchange of common school, indemnity, or endowment land--Conditional exchange.

5-3-7. Exchange of common school, indemnity, or endowment land--Conditional exchange.
The commissioner of school and public lands may exchange, with the approval of the Governor and following a public hearing, any common school, indemnity, or endowment land for any land located within the State of South Dakota of like appraised value. The commissioner may also exchange, with the approval of the Governor and following a public hearing, any common school, indemnity, or endowment land for any land located within the State of South Dakota of appraised value of at least seventy-five percent of the school land if the difference is paid in cash at the time of the exchange. The exchange may be conditional if the transfer is completed within five years and the trust corpus is never diminished. Any cash received from the exchange shall be treated as a cash sale pursuant to the provisions of chapter 5-9. The commissioner shall promulgate rules, pursuant to chapter 1-26, to establish the procedures and criteria for a land exchange.
Source:
SL 1941, ch 70, §1; SDC Supp 1960, §15.0208; SL 1982, ch 49, §1; SL 1984, ch 35, §1; SL 1992, ch 42; SL 1999, ch 24, §1; SL 2016, ch 38, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-7.1 - Conservation easement for state land exchanged or sold.

5-3-7.1. Conservation easement for state land exchanged or sold.
The State of South Dakota, when exchanging land pursuant to §5-3-7 or selling land pursuant to chapter 5-9, may hold a perpetual conservation easement preserving the archaeological and paleontological aspects on such land to protect the public interest. The conveyance documents shall specify the conservation easement, if any, and the conservation easement shall be made in accordance with §§1-19B-56 to 1-19B-60, inclusive.
Source:
SL 2000, ch 28, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-9 - Islands and accumulations within streams and lakes administered as school lands--Exceptions.

5-3-9. Islands and accumulations within streams and lakes administered as school lands--Exceptions.
All islands and accumulations of land formed in the beds of navigable streams and meandered lakes, except on the Missouri River below the Fort Randall power plant and Lake Francis Case, belonging to the state shall be under the supervision of the commissioner of school and public lands, subject to all the laws and regulations pertaining to common school lands, and all funds heretofore or which may be derived hereafter from the lease or sale of such land shall be covered into the common school funds, subject to the provisions of §41-4-11.
Source:
RCivC 1903, §902; SL 1911, ch 189; SL 1915, ch 228; RC 1919, §5727; SDC 1939, §15.0314; SL 1981, ch 296, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-10 - Rights not acquired by settlement or improvement of islands--Improvements before 1911.

5-3-10. Rights not acquired by settlement or improvement of islands--Improvements before 1911.
No person shall acquire any vested rights in and to any islands or land described in §5-3-9, by reason of residence thereon or improvement thereof, except as herein provided. Any person who, for five years next prior to the first day of July 1911, shall have resided upon and improved any such land, shall have the right to purchase not to exceed one hundred sixty acres of the same, at the price in cash at which it is appraised by the commissioner of school and public lands, and the commissioner shall, upon petition filed in his office, within a reasonable time thereafter, appraise such land and sell and convey the same to such petitioner at the appraised price, upon satisfactory proof of the residence and improvement required by this section, payment thereof to be made within sixty days after notice to the petitioner of such appraisement.
Source:
RCivC 1903, §902; SL 1911, ch 189; SL 1915, ch 228; RC 1919, §5727; SDC 1939, §15.0314.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-11 - Classification of school and endowment lands according to best use.

5-3-11. Classification of school and endowment lands according to best use.
The commissioner of school and public lands shall classify all common school and endowment lands into three classes, as follows:
Class 1: To include all lands which are most valuable for agricultural purposes;
Class 2: To include all lands which are most valuable for meadow and pasturage purposes;
Class 3: To include all lands which are most valuable for timber, coal, or other purposes.
Source:
SL 1911, ch 224, art 2; SL 1917, ch 339, §2; RC 1919, §5634; SDC 1939, §15.0207.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-12 - List for county auditor of unsold endowment lands in county.

5-3-12. List for county auditor of unsold endowment lands in county.
It shall be the duty of the commissioner of school and public lands to supply to the several county auditors of this state a description of all unsold state indemnity and endowment lands situated within the organized school districts of his county.
Source:
SL 1917, ch 335, §4; RC 1919, §5720; SDC 1939, §15.0111.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.

5-4-1. Claim not acquired by occupancy by trespasser--Right to remove improvements.
No claim to any school or public lands by any trespasser thereon by reason of occupancy, cultivation, or improvement thereof shall be recognized; nor shall compensation be made on account of any improvements made by any such trespasser; provided, any person who has heretofore entered upon such land and has made permanent improvements thereon in good faith, for the purpose of residence or cultivation, shall have the right to remove all such improvements therefrom in case he does not become a purchaser or lessee of such lands under the provisions of this code; such removal to be made within sixty days after a sale or lease has been made, as the case may be.
Source:
SL 1911, ch 224, §80; RC 1919, §5711; SDC 1939, §15.0418.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-2 - Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water.

5-4-2. Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water.
There is hereby granted over all school and public lands, now or hereafter belonging to the state, a right-of-way for ditches or canals and for tunnels, tramways and telephone and electrical transmission lines, constructed by authority of the United States. There is also hereby granted to any person holding a valid water right under statutes of this state a right-of-way for the construction of dams, canals, water ditches, and laterals over all school and public land now and hereafter belonging to the state, when constructed by authority of the commissioner of school and public lands. All conveyances and contracts of sale of school and public lands shall contain a reservation of such right-of-way. Purchasers of school and public lands shall have the right to obtain water from any irrigation system, parts of which may be located on such school and public lands, provided such lands are purchased within five years after the construction of any such irrigation system.
Source:
SL 1907, ch 180, §58; SL 1911, ch 262; RC 1919, §8257; SDC 1939, §61.0147; SL 1955, ch 430, §1; SDC Supp 1960, §61.0133.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-3 - Map of waterworks to be filed.

5-4-3. Map of waterworks to be filed.
Prior to the construction of any canal, ditch, or waterway over or across any school or public lands of this state under the provisions of §5-4-2, there shall be filed in the Office of the Commissioner of School and Public Lands a map or plat of such proposed canal, ditch, or waterway, clearly indicating the course of the same and the acreage required in its construction and the amount of land proposed to be taken out of each smallest legal subdivision of such school or public lands in the construction of the canal, ditch, or waterway.
Source:
SL 1907, ch 180, §59; RC 1919, §8258; SDC 1939, §61.0148; SL 1955, ch 430, §1; SDC Supp 1960, §61.0134.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.

5-4-5. Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.
The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable terms, conditions, and regulations as the commissioner may prescribe. Such grant shall not interfere with the cultivation of said lands, and shall not be made unless the public highways or section line rights-of-way are impractical for the purposes of the easement.
Source:
SL 1929, ch 219; SDC 1939, §15.0402.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-5.1 - Easements for national guard training sites.

5-4-5.1. Easements for national guard training sites.
The commissioner of school and public lands shall have authority to grant to the South Dakota National Guard training site easements on public lands for the use of the national guard at their request and with concurrence of the lessee.
Source:
SL 1976, ch 56.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-5.2 - Wind and solar easements and leases.

5-4-5.2. Wind and solar easements and leases.
The commissioner of school and public lands may grant to any person a wind easement, as defined in §43-13-16, or a solar easement, as defined in §43-13-16.1. The commissioner of school and public lands may also provide for wind leases and solar leases.
The grant of an easement or a lease under this section is subject to the terms and conditions set forth in §§43-13-17 to 43-13-24, inclusive, together with any terms and conditions that are customary and proper for the protection of the state, including the right to enter upon land, construct roads, and erect structures, transmission lines, common carrier lines, and other necessary improvements.
The provisions of chapter 49-7 do not apply to easements and leases authorized by this section.
Source:
SL 2019, ch 45, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-6 - Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract.

5-4-6. Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract.
Upon petition of a governing board of any state agency, county board, school district board, or organized township board of the state to the commissioner of school and public lands said commissioner of school and public lands may withhold from regular leasing any tract of school and/or endowment land or land held in trust by the State of South Dakota, not to exceed six hundred forty acres in one tract, and offer the same under a special cooperative agreement with such board in accordance with the provisions in §§5-4-7 to 5-4-9, inclusive.
Source:
SL 1941, ch 71, §1; SDC Supp 1960, §15.0420.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-7 - Purposes for which land may be placed under local administration--Rules and regulations.

5-4-7. Purposes for which land may be placed under local administration--Rules and regulations.
Whenever it shall be the opinion of the commissioner of school and public lands, after presentation of the petition provided in §5-4-6, and upon investigation of the facts therein contained he shall if, in his opinion, the interests of the citizens of the community can best be served, provide for the setting aside and withholding from regular leasing any such tract not to exceed six hundred forty acres in one tract for soil conservation purposes, public parks or for the purpose of providing a children's recreational playground to be used by the general public under such rules and regulations as the local governing board shall provide and which are approved by the commissioner of school and public lands.
Source:
SL 1941, ch 71, §2; SDC Supp 1960, §15.0420.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-8 - Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.

5-4-8. Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.
The agreement authorized by §5-4-6 shall be for a term of five years and may be renewed for an additional term of five years upon approval by the commissioner of school and public lands of an application for such renewal. Provided, however, that the agreement may be terminated at any time by the commissioner of school and public lands if application is made for the purchase of the lands covered by the agreement.
Source:
SL 1941, ch 71, §3; SDC Supp 1960, §15.0420.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-9 - Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee.

5-4-9. Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee.
Permits to place improvements on such lands shall be granted in such manner as permits are granted on all leased school and endowment lands or lands held in trust for the State of South Dakota and upon termination of the agreement mentioned in §5-4-6 the subsequent lessee or the purchaser shall reimburse the holder of such permits as provided in §§5-5-29 to 5-5-32, inclusive.
Source:
SL 1941, ch 71, §4; SDC Supp 1960, §15.0420.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-11 - Unauthorized removal of wood from school or public lands as misdemeanor.

5-4-11. Unauthorized removal of wood from school or public lands as misdemeanor.
Any person who shall cut, remove, or attempt to remove any wood belonging to any school, public, or endowment lands without first having obtained permission from the commissioner of school and public lands so to cut and remove said wood is guilty of a Class 1 misdemeanor.
Source:
SL 1890, ch 140, §2; SL 1901, ch 184, §2; RPenC 1903, §539; SL 1911, ch 253, §1; RC 1919, §3833; SDC 1939, §13.1311; SL 1980, ch 24, §65.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-12 - Waste on public lands as misdemeanor.

5-4-12. Waste on public lands as misdemeanor.
This section applies to any public lands under the jurisdiction, administration, or control of the commissioner of school and public lands. Any person who, without being duly authorized:
(1)Commits waste or depredation on such lands;
(2)Removes, or attempts to remove from such land any valuable thing naturally a product of or an appurtenance thereto;
(3)Burns, or permits to be burned, any stubble on such lands leased to him;
(4)Uses, or attempts to use, any part of such lands for meadow or pasturage purposes;
(5)Cuts, removes, or attempts to remove therefrom any hay;
(6)Breaks, or attempts to cultivate, any part of such lands;
(7)Sows any flax on such lands;
(8)Fails or neglects to till or manage any such lands leased to him for agricultural purposes without an approved conservation plan as adopted by the local conservation district subject to the commissioner's approval;
(9)Fails or neglects to pile and dispose of all brush and debris on any such lands upon which timber has been cut by him, as provided by law;
is guilty of a Class 2 misdemeanor.
Source:
SL 1890, ch 140, §1; SL 1901, ch 184, §1; RPenC 1903, §538; SL 1909, ch 95, §1; SL 1911, ch 253, §1; RC 1919, §3832; SDC 1939, §13.1310; SL 1980, ch 24, §66; SL 1985, ch 37, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-13 - Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.

5-4-13. Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.
Any person who violates any provision of §5-4-11 or 5-4-12 shall, in addition to the criminal action therein provided for, be liable in a civil action for double the minimum rental of any legal subdivision used in whole or in part, and for double the damages otherwise resulting from his act. All moneys recovered as a result of such actions shall be paid into the county treasury of the proper county and placed to the credit of the interest and income fund of the class to which the lands belong. Moneys received by county treasurers under the provisions of this section and §§5-4-11 and 5-4-12 shall be accounted for and remitted monthly to the commissioner of school and public lands.
Source:
SL 1890, ch 140, §3; SL 1901, ch 184, §§4, 5; RPenC 1903, §540; SL 1909, ch 95, §1; SL 1911, ch 253, §1; RC 1919, §3834; SDC 1939, §37.1909; SL 1984, ch 34, §7; SL 1989, ch 30, §11.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-14 - Preparation of advertisements--Publication--Signature.

5-4-14. Preparation of advertisements--Publication--Signature.
The commissioner of school and public lands shall prepare all advertisements provided for in this title, cause them to be published and sign them as commissioner.
Source:
SL 1911, ch 224, §§40, 41; RC 1919, §§5664, 5665; SDC 1939, §15.0607; SL 1984, ch 34, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-15 - Misdemeanor to start open fire on public lands except in established fireplace.

5-4-15. Misdemeanor to start open fire on public lands except in established fireplace.
Except in the Black Hills Forest Fire Protection District where it is a Class 1 misdemeanor, it is a Class 2 misdemeanor for any person to start or allow to start an open fire on public lands owned, leased, controlled, or managed by the state or any political subdivision of the state unless the fire is set in an established fireplace approved or provided by the respective governmental entity. This section does not apply to persons authorized by the state or any political subdivision of the state to start fires on such lands within the jurisdiction of the respective governmental entity or to fires on shoreline barren of vegetation which do not constitute an apparent risk of fire to surrounding vegetation not located within a state, county, or municipal park, state recreation area, or nature preserve.
Source:
SL 1997, ch 239, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-16 - Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace .

5-4-16. Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace.
It is a Class 1 misdemeanor for any person to start or allow to start an open fire and fail to extinguish that fire on public lands owned, leased, controlled, or managed by the state or any political subdivision of the state regardless of whether the fire was started in an approved fireplace.
Source:
SL 1997, ch 239, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-17 - Liability for damages.

5-4-17. Liability for damages.
Anyone engaging in any of the activities prohibited by §5-4-15, 5-4-16, or 34-35-9 is liable for all damages caused by the fire and all fire suppression and extinguishment costs. Criminal prosecution is not a prerequisite to liability for damages or for fire suppression and extinguishment cost.
Source:
SL 1997, ch 239, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 04 - Administration Of School And Public Lands › Section 5-4-18 - Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage.

5-4-18. Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage.
Upon the request of the Governor and the sheriff of the county where the public land is situated, the commissioner of school and public lands may prohibit any group larger than twenty persons from congregating upon any tract of land under the supervision of the commissioner of school and public lands, if the prohibition is necessary to preserve the undisturbed use of the land by the lessee or if the land may be damaged by the activity.
Source:
SL 2017, ch 42, §1, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-1 - Definition of terms.

5-5-1. Definition of terms.
Terms used in this chapter mean:
(1)"Commissioner," the commissioner of school and public lands;
(2)"Lease," the original lease or a certified copy thereof;
(3)"Lessee," the original lessee, or the assignee of such lease, provided the assignment has been made upon the reverse of the original copy of the lease, or a certified copy thereof, and provided further that such assignment shall have been submitted to the commissioner on or before the first day of November first preceding the expiration date of the lease.
Source:
SL 1949, ch 71, §1; SDC Supp 1960, §15.0405-1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-2 - Definition of "agricultural purposes.".

5-5-2. Definition of "agricultural purposes.".
Whenever the term "agricultural purposes" is used in this chapter, it means for the purpose of tilling, planting, and producing crops, but does not include grazing land.
Source:
SL 1917, ch 339, §20; RC 1919, §5652; SDC 1939, §15.0401; SL 1985, ch 37, §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 5-5-3 - Designation of lands to be leased--Establishment of regulations.

5-5-3. Designation of lands to be leased--Establishment of regulations.
The commissioner of school and public lands shall designate from time to time such lands as may be leased for meadow and pasturage purposes only, also such lands as may be leased for either meadow and pasturage, or for agricultural purposes.
The commissioner shall establish such regulations as in his judgment shall be necessary in order that such lands may be leased most profitably for the state, and upon designation of the lands as herein provided, the commissioner shall proceed to offer the same for lease.
Source:
SL 1917, ch 339, §§3, 4; RC 1919, §§5635, 5636; SDC 1939, §15.0403.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-4 - Leases to be at public auction after notice--Maximum tract.

5-5-4. Leases to be at public auction after notice--Maximum tract.
All common school, indemnity, and endowment lands shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as provided in §5-5-5 and amendatory acts and in tracts not greater than one section.
Source:
SL 1949, ch 71, §2; SDC Supp 1960, §15.0405-2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-5 - Publication of notice of leasing auction.

5-5-5. Publication of notice of leasing auction.
If land situated in a county is designated for leasing as provided in §5-5-3, such land shall be advertised for lease at public auction by the publication of a notice stating the time and place at which the leasing of the 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.
Source:
SL 1917, ch 339, §5; RC 1919, §5637; SL 1923, ch 256, §1; SDC 1939, §15.0405; SL 1982, ch 50, §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 5-5-6 - Conduct, time, and place of leasing auction--Commissioner to conduct auction.

5-5-6. Conduct, time, and place of leasing auction--Commissioner to conduct auction.
The lands designated shall be offered for lease at public auction to the highest bidder, at the courthouse of the county within which the lands are situated; or, if there be no courthouse, at the building in which the office of the county auditor is located. The auction shall be between the hours of ten a.m. and five p.m. The offering for lease shall be conducted by the commissioner, in accordance with the provisions of this chapter, and such instructions as the commissioner may deem necessary.
Source:
SL 1917, ch 339, §8; RC 1919, §5640; SDC 1939, §15.0406; SL 1994, ch 47, §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 5-5-6.1 - Minimum rental rate for agricultural lands.

5-5-6.1. Minimum rental rate for agricultural lands.
The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all agricultural lands which are administered by the commissioner. The minimum annual rental rate per acre shall be the rate at which bidding is started. In fixing the minimum annual rental per acre, the following factors shall be considered:
(1)Location, accessibility, and utility of the land as influenced by roads, easements, and topography;
(2)Soil capabilities;
(3)Climate; and
(4)Current rental rates prevailing in the county in which such lands are situated.
Source:
SL 1985, ch 37, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-8 - Division or joining of tracts not leased at auction--Continuation and adjournment of auction.

5-5-8. Division or joining of tracts not leased at auction--Continuation and adjournment of auction.
If a tract is offered for lease and no satisfactory bid is received, the legal subdivisions of the tract may be separately offered; or such tract may be offered in connection with other tracts of agricultural or grazing lands within the county which have been offered and for which no acceptable bid has been received.
The auction shall continue from day to day until all tracts of lands advertised for lease have been offered. The commissioner may, for good cause, adjourn the auction for a period of not more than three days.
Source:
SL 1917, ch 339, §§10, 11; RC 1919, §§5642, 5643; SL 1923, ch 257; SDC 1939, §15.0406; SL 1987, ch 47, §1; SL 1994, ch 47, §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 5-5-10.1 - Appraisal of grazing lands--Definition of terms.

5-5-10.1. Appraisal of grazing lands--Definition of terms.
Terms used in §§5-5-10.2 to 5-5-10.4, inclusive, mean:
(1)"Animal unit," one cow and calf, one horse, five sheep, or five goats;
(2)"Annual animal carrying capacity," the number of acres needed for one animal unit to subsist on natural forage, on a given tract of land for one year;
(3)"Rental rate," twenty percent of the average price of one calf as sold in South Dakota for the last reported five years based on the weight of a four hundred twenty-five pound calf.
Source:
SL 1969, ch 33, §3; SL 1977, ch 46, §§1, 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 5-5-10.2 - Commissioner's duty concerning appraisals and records.

5-5-10.2. Commissioner's duty concerning appraisals and records.
It shall be the duty of the commissioner of school and public lands, as rapidly as practicable, to cause the grazing lands administered by the state to be appraised as to their annual animal carrying capacity, and to make and preserve a record thereof in his office, and at least every ten years cause said lands to be reexamined as to their annual animal carrying capacity so as to keep the records thereof in his office reasonably accurate.
Source:
SL 1969, ch 33, §1; SL 1977, ch 46, §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 5-5-10.3 - Factors considered in appraisals of grazing lands.

5-5-10.3. Factors considered in appraisals of grazing lands.
In appraising such grazing lands the following factors shall be taken into consideration:
(1)Inventory of the forage resources: kind, amount, and location of vegetation;
(2)Accessibility and usability of the forage resources as influenced by topography, availability of stock water and season of usability;
(3)Condition of soils--the erosion situation;
(4)Other and related resources--such as timber and watershed protection;
(5)Annual animal carrying capacity used by other public agencies in the same locality;
(6)Pertinent facts and figures submitted by stockmen living in the area and directors of state grazing districts including the land or in its vicinity;
(7)Carrying capacity set for similar land in a state grazing district in which the land is situated.
Source:
SL 1969, ch 33, §2; SL 1977, ch 46, §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 5-5-10.4 - Minimum annual rental for grazing lands--Formula.

5-5-10.4. Minimum annual rental for grazing lands--Formula.
The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the commissioner. The minimum annual rental rate per acre shall be at the rate at which bidding shall start.
In fixing the minimum annual rental per acre, the following formula shall be used:
The rental rate shall be divided by the annual animal carrying capacity.
The carrying capacity of the land, to be used in the above formula, shall be in accordance with the determination of the commissioner of school and public lands made pursuant to the appraisal of grazing lands provided in §5-5-10.2.
The average price per pound of all calves sold in South Dakota shall be taken from statistics published by the South Dakota Crop and Livestock Reporting Service of the United States Department of Agriculture current at the time of computation of the rental.
Source:
SL 1969, ch 33, §4; SL 1970, ch 35; SL 1977, ch 46, §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 5-5-11 - Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal.

5-5-11. Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal.
All rents, except rents from sharecropping which shall be paid after the crop has been harvested, shall be paid annually in advance. No term of lease may exceed five years, nor is any lease valid until it receives the approval of the Governor. However, any lessee of such common school, indemnity, or endowment lands is, at the expiration of a five-year lease, entitled, at the lessee's option, to a new lease for the land included in the lessee's original lease, or such portion thereof which has not been sold, for a period of five years.
Source:
SL 1949, ch 71, §2; SDC Supp 1960, §15.0405-2; SL 1996, ch 37.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-12 - Short-term leases acceptable--Leasing without readvertisement--Entitlement to new five-year lease.

5-5-12. Short-term leases acceptable--Leasing without readvertisement--Entitlement to new five-year lease.
The commissioner of school and public lands may accept a bid for a lease covering a period of one year or more, not exceeding five years, and in case no bids or proposals are made for any term, under the publication required in §5-5-5, or in case of a failure from any cause to complete the leasing of any tract offered, it shall within nine months thereafter be lawful to lease such lands under the provisions of this chapter without a readvertisement. However, any lessee of such common school, indemnity, or endowment lands is, at the expiration of a lease, entitled to a new lease for the land included in his original lease, or such portion thereof which has not been sold, for a period of five years.
Source:
SL 1917, ch 339, §5; RC 1919, §5637; SL 1923, ch 256, §1; SDC 1939, §15.0405; SL 1987, ch 47, §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 5-5-13 - Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease.

5-5-13. Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease.
The commissioner may lease agricultural and grazing lands for the period of up to four years for the purpose of approved land renovation practices such as summer-fallowing, mechanical or chemical control, ripping, furrowing, contouring, deferred grazing, wildlife production, or conservation plans as approved by the local conservation district, if in his opinion it is necessary to do so in order to bring the land back into production, the lessee to pay only one year's rent for such land. If any lands are leased as above provided, the person leasing such land, before the lease is approved by the commissioner, shall pay to the county treasurer of the county in which the land is situated the total amount of rent therefor. If the lessee so renting the land fails or neglects to implement the above renovation practices at the proper time or in the proper manner, the commissioner in his discretion may declare the lease canceled and the amount paid thereon shall be forfeited. However, any lessee of such common school, indemnity, or endowment lands is, at the expiration of a lease, entitled, at his option, to a new lease for the land included in his original lease, or such portion thereof as has not been sold, for a period of five years.
Source:
SL 1917, ch 339, §15; RC 1919, §5647; SDC 1939, §15.0412; SL 1985, ch 37, §3; SL 1987, ch 47, §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 5-5-14 - Provisions for sale or exchange of land unimpaired--Cancellation of lease to permit sale or exchange.

5-5-14. Provisions for sale or exchange of land unimpaired--Cancellation of lease to permit sale or exchange.
Nothing herein contained in any way prevents the sale or exchange of common school, indemnity, or endowment lands as provided in §§5-3-7 and 5-9-1 nor prevents the commissioner of school and public lands from incorporating, into each lease a sales clause permitting the cancellation of any lease on January first of any year of the term thereof for the purpose of sale or exchange.
Source:
SL 1949, ch 71, §6; SDC Supp 1960, §15.0405-6; SL 1976, ch 20, §2; SL 1985, ch 38.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-15 - Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved.

5-5-15. Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved.
If the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, the bidder shall at once deposit with the commissioner the amount specified as the annual rental for the tract. A lease of such tract shall be prepared in duplicate, according to the form prescribed by the commissioner. The lessee shall sign the lease.
If the commissioner approves the lease, the commissioner shall submit the lease to the Governor for approval. If the Governor approves the lease, the Governor shall certify the approval and the commissioner shall sign the lease in duplicate on behalf of the state and file a copy of the lease and the Governor's approval in the commissioner's office. The commissioner shall deliver one copy of the lease to the lessee, and notify the county treasurer of the execution and approval of the lease.
If the commissioner or the Governor disapprove the proposed lease, the commissioner shall return to the bidder the sum deposited.
Source:
SL 1917, ch 339, §10; RC 1919, §5642; SL 1923, ch 257; SDC 1939, §15.0407; SL 1967, ch 35; SL 1994, ch 47, §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 5-5-16 - Rent payable annually in advance to commissioner.

5-5-16. Rent payable annually in advance to commissioner.
Except as otherwise provided, the rent for all leased lands must be paid annually in advance and must be promptly paid when due, to the commissioner of school and public lands.
Source:
SL 1917, ch 339, §12; RC 1919, §5644; SL 1933, ch 172, §1; SDC 1939, §15.0409; SL 1988, ch 49, §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 5-5-17 - Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action.

5-5-17. Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action.
Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent jurisdiction in the county in which the land is situated, for the recovery of such rental, damages, and costs occasioned by such failure, or to declare such lease forfeited and to proceed to offer such lands for lease.
In case the commissioner considers it to the interest of the state to commence suit against such lessee, it is hereby made the duty of the state's attorney of such county to commence and prosecute such suit whenever he is directed to do so by the commissioner. All money arising from such suit shall be paid into the county treasury of the proper county and be placed to the credit of the interest and income fund of the class to which such lands belong.
Source:
SL 1917, ch 339, §13; RC 1919, §5645; SL 1921, ch 358; SDC 1939, §15.0410.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-18 - Agricultural lessee to clear weeds and pests.

5-5-18. Agricultural lessee to clear weeds and pests.
Any person leasing school or endowment lands for agricultural purposes shall destroy all noxious weeds and pests on any lands so leased pursuant to chapter 38-22.
Source:
SL 1917, ch 339, §§14, 16; RC 1919, §§5646, 5648; SDC 1939, §15.0411; SL 1985, ch 37, §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 5-5-19 - Waste and burning on leased lands prohibited--Action for forfeiture and damages.

5-5-19. Waste and burning on leased lands prohibited--Action for forfeiture and damages.
No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and shall render the lessee liable to the state for damages caused by such waste. Actions to enforce the provisions of this section shall be prosecuted by the state's attorney of such county, whenever he is directed so to do by the commissioner of school and public lands, in any court of competent jurisdiction of the county in which the land is situated.
Source:
SL 1917, ch 339, §17; RC 1919, §5649; SDC 1939, §15.0413.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands › Section 5-5-20 - Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.

5-5-20. Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.
The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the commissioner. The commissioner shall prescribe the form to be used for such assignment and shall fix a reasonable fee for filing, recording and approval of it. The subletting of any school and endowment lands by the lessee thereof for profit is prohibited. Such subletting shall be cause for the forfeiture of the lease and shall render the lessee liable to the state for damages in double the amount of the difference between the lease rental and the amount paid or agreed to be paid from the sublessee.
Source:
SL 1917, ch 339, §21; RC 1919, §5653; SDC 1939, §15.0417; SL 1951, ch 44; SL 1984, ch 36, §1.