reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-9 - Termination of lease on nonpayment of rent.

7-30-9. Termination of lease on nonpayment of rent.
Any lease for more than the current calendar year shall terminate on the last day of January of any year unless the lessee pays prior thereto the amount of the annual rental for the next succeeding year to the county treasurer.
Source:
SL 1937, ch 86, §5; SDC 1939, §12.2215; SL 1983, ch 49, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-10 - Lease of residential property--Advertising and auction--Payment of rent--Default.

7-30-10. Lease of residential property--Advertising and auction--Payment of rent--Default.
The commissioners are authorized to rent such property for residence purposes only for a term not exceeding one year, and subject to the right of sale of the same by the county, and without any guaranty of title and possession by the county, provided the leasing of such property for a term longer than one month has been advertised and the property let to the highest bidder at the annual leasing of other county real estate. In such cases the rent shall be payable monthly in advance and the commissioners may require security for payment of the same in their discretion. Upon default in payment of any such rent, the tenant may be evicted under any procedure provided by law for eviction in leases of private property.
Source:
SDC 1939, §12.2212.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-11 - Separation of subdivisions and reoffer if satisfactory bid not received.

7-30-11. Separation of subdivisions and reoffer if satisfactory bid not received.
When a tract is offered for lease and no satisfactory bid is received therefor, the legal subdivisions thereof, if any, may be separately offered; or such tract may be offered in connection with contiguous tracts which have been offered and for which no acceptable bid has been received.
Source:
SL 1937, ch 86, §6; SDC 1939, §12.2216.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-12 - Private lease of tracts not leased at annual auction.

7-30-12. Private lease of tracts not leased at annual auction.
Any tracts not leased at said annual auction or acquired thereafter may be privately leased by the county auditor, but for not less than the minimum price set by the board of county commissioners and for the current year only.
Source:
SL 1937, ch 86, §7; SDC 1939, §12.2217.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-13 - Lease after auction.

7-30-13. Lease after auction.
Nothing in this chapter shall be construed so as to prevent the board of county commissioners from leasing all such real estate, except residence property, after the auction date on such terms and conditions as the board may determine.
Source:
SDC 1939, §12.2217; SL 1983, ch 49, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-14 - Lease of residential property from month to month--Offer of higher rental.

7-30-14. Lease of residential property from month to month--Offer of higher rental.
If such real estate is to be leased for residence purposes only, and does not include the lease of any agricultural or grazing lands, it may be leased on terms of month-to-month leasing by resolution of the county commissioners without public auction or advertising. The resolution of the county commissioners in such cases shall recite the monthly rental of such property. If any person shall offer to pay in advance a monthly rental twenty-five percent in excess of the rental then being paid for such residence property, the county commissioners must accept the same upon deposit of such rental in advance.
Source:
SDC 1939, §12.2212.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-15 - Permit to build dam on leased land.

7-30-15. Permit to build dam on leased land.
Any lessee of county real estate of the character described in §7-30-1 shall upon application to the board of county commissioners be granted a permit to build a dam on the leased land for the collection and storage of surface water thereon, if the written approval of the federal district range program inspector of the site of the proposed dam and reservoir is attached to said application.
Source:
SL 1939, ch 24, §1; SL 1941, ch 36, §1; SDC Supp 1960, §12.2219.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-16 - Payment to lessee who constructs dam--Conditions--Certificate of federal district range program inspector.

7-30-16. Payment to lessee who constructs dam--Conditions--Certificate of federal district range program inspector.
Any lessee who constructs a dam pursuant to the permit described in §7-30-15 and has received a certificate executed by the federal district range program inspector is entitled to payment as provided in §7-30-17, unless the lessee defaults in the terms of the lease, abandons the lease, or fails to bid at the next letting of the lease. The inspector shall state in the certificate the measurements of the dam, including the number of cubic yards of earth and whether the dam was approved by the inspector.
Source:
SL 1939, ch 24, §2; SL 1941, ch 36, §1; SDC Supp 1960, §12.2220; SL 2016, ch 44, §71.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-17 - Subsequent lessee to pay cost of dam--Computation of amount payable.

7-30-17. Subsequent lessee to pay cost of dam--Computation of amount payable.
No quarter section, or adjoining quarter section which is partially covered by the reservoir at high-water mark shall be leased or sold to another than the lessee unless the new lessee shall first pay to the county auditor for the lessee a reasonable amount for the work, labor, and material used or furnished in the building of such dam or any additions thereto, less ten percent for each year following the building of the dam or the making of any additions thereto. Any payments received from the federal government under its range program, or under any other federal program or project for the building of such dam or any addition thereto, shall also be deducted. The amount which shall be paid for the lessee, as herein provided, shall be determined in the same manner in which the value of other improvements on leased county land are determined under the provisions of §§7-31-9 and 7-31-10.
Source:
SL 1939, ch 24, §3; SL 1941, ch 36, §1; SL 1943, ch 35; SDC Supp 1960, §12.2221.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-1 - Legislative policy and purpose.

7-31-1. Legislative policy and purpose.
It is hereby declared to be the policy of the Legislature to provide for the conservation of the land resources of the counties, for the establishment of sound administration and management of county-owned lands in order that these lands may be conserved and the maximum revenue obtained, for the protection of the tax base, and for the encouragement of stable operation of farms and ranches.
Source:
SL 1939, ch 25, §2; SDC Supp 1960, §12.3402.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-2 - County commissioners to control land.

7-31-2. County commissioners to control land.
The board of county commissioners of any county shall have control of the sale, rental, and management of real property owned by the county acquired in satisfaction of school-fund loan mortgages or through foreclosure, or acquired through tax-deed proceedings or in payment of taxes, as provided in §§7-31-1 to 7-31-36, inclusive.
Source:
SL 1939, ch 25, §2; SDC Supp 1960, §12.3402.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-3 - Classification of county-owned land--Procedures for management--Reclassification of land--Classification of newly acquired land.

7-31-3. Classification of county-owned land--Procedures for management--Reclassification of land--Classification of newly acquired land.
In order to carry out the purposes described in §7-31-1 the board of county commissioners may classify county-owned land into two classes which shall be called class one land and class two land. Such classification shall be based on the method of sale and leasing which will be followed in managing county-owned land. Procedure for sale, lease, transfer, and management may be varied between the two classes as provided herein. The classification shall list the various tracts of county-owned land that are designated class one land and the tracts that are designated as class two land and the general plan of leasing and management that is to be followed including the general type of leases and the standards and criteria that are to be followed in leasing class two land. The classification becomes effective by resolution of the board of county commissioners duly made and entered of record and thereafter the board may proceed in administration and management of the two classes of land as provided herein. The classification of any tract may be changed in the same manner that the original classification was made provided that tracts classified as class two land may not be reclassified as class one land, except at the termination of every five-year period from the date of original classification or at the termination of the lease on said tracts. Until such time as the board of county commissioners by resolution classifies the county-owned land all such land shall be considered class one land and shall be administered and managed as provided herein for class one land. Tracts acquired by the county after the above classification is made may be classified at any time by the board of county commissioners in the same manner, provided that until such classification is made, such tracts shall be considered as class one land.
Source:
SL 1939, ch 25, §3; SDC Supp 1960, §12.3403.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-4 - Lease of class one grazing land.

7-31-4. Lease of class one grazing land.
Class one land and all county land in those counties which have not by resolution of the board of county commissioners established a classification may be leased as follows: all grazing land classified as class one land belonging to any county of this state, acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such, or acquired through tax-deed proceedings or in payment of taxes, may be offered for lease at public auction, provided that any land remaining unleased may be offered and leased privately under direction of board of county commissioners.
Source:
SL 1939, ch 25, §7; SL 1941, ch 38, §3; SDC Supp 1960, §12.3410 (1).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-5 - Lease of class two land--Conservation measures required.

7-31-5. Lease of class two land--Conservation measures required.
Class two land shall be leased according to provisions prescribed by the board of county commissioners provided, however, no such lease shall be entered into unless the board of county commissioners in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limit the amount of grazing thereon and to change the rentals annually in accordance with a variable scale of rental charges based on market prices for livestock or livestock products, the number and character of stock to be grazed, the carrying capacity of the land, or on any combination of these factors.
Source:
SL 1939, ch 25, §7; SDC Supp 1960, §12.3410 (2).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-6 - Termination of leases on class two land on reclassification or failure of lessee to abide by regulations.

7-31-6. Termination of leases on class two land on reclassification or failure of lessee to abide by regulations.
Leases on class two land may be terminated at the option of the board of county commissioners if the lessee fails to abide by the regulations as to use and protection of the land or to pay the annual rental in advance provided that leases on class two land may be terminated by reclassification of the land as class one land as provided in §7-31-3, all of which provisions shall be made a part of the lease.
Source:
SL 1939, ch 25, §7; SDC Supp 1960, §12.3410 (3).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-7 - Permit to erect improvements on leased land--Ownership of improvements.

7-31-7. Permit to erect improvements on leased land--Ownership of improvements.
Whenever any land of a county has been leased, the board of county commissioners may grant to the lessee of such land a permit to erect thereon buildings, corrals, fences, well apparatus, wells, dams, and other water facilities; provided, that in no event shall the county become liable for any material furnished for, nor any labor performed in such improvements. The said lessee shall be the owner of such improvements subject to the provisions of §§7-31-8 to 7-31-11, inclusive.
Source:
SL 1939, ch 25, §9; SDC Supp 1960, §12.3412.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-8 - Removal of improvements on termination of lease--County property if not removed.

7-31-8. Removal of improvements on termination of lease--County property if not removed.
When improvements have been constructed in accordance with a permit, as provided in §7-31-7, and the owner of the improvements ceases to lease such lands, he may remove such improvements as are physically capable of removal within ninety days of the termination of his lease. If such improvements are not removed within the said ninety days, or sold within said period to a lessee or purchaser of the lands, they shall become the property of the county.
Source:
SL 1939, ch 25, §9; SDC Supp 1960, §12.3412.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-9 - Payment to lessee for improvements not capable of removal--Time of valuation.

7-31-9. Payment to lessee for improvements not capable of removal--Time of valuation.
A subsequent lessee or a purchaser of the land shall pay the prior lessee the reasonable value of improvements erected by him within permission of the board of county commissioners, that are not physically capable of removal, and such payment shall be made before a lease, contract of purchase, or deed is issued to such subsequent lessee or purchaser. The value of the improvements shall be determined as of the date of such lease, contract of purchase, or deed.
Source:
SL 1939, ch 25, §9; SDC Supp 1960, §12.3412.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-10 - Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs.

7-31-10. Board of appraisal to determine value of improvements--Compensation of appraisers--Payment of costs.
If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested persons who shall file with the board of county commissioners an itemized report of the appraisal, signed by at least two members of the board of appraisal. Members of the board of appraisal 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 owner of the improvements shall deposit a sum with the county treasurer, prior to the appraisal sufficient to cover the cost of appraisal as determined by the board of county commissioners. The board of appraisal shall be paid from the deposit and any excess shall be refunded to the owner of the improvements.
Source:
SL 1939, ch 25, §9; SDC Supp 1960, §12.3412; SL 2016, ch 47, §13.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-11 - Deposit of value of improvements--Transfer of ownership.

7-31-11. Deposit of value of improvements--Transfer of ownership.
The subsequent lessee, or purchaser shall become the owner of such improvements when he has deposited with the board of county commissioners, for the use of the former owner of the improvements, a sum equal to their value as determined by the board of appraisal.
Source:
SL 1939, ch 25, §9; SDC Supp 1960, §12.3412.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-12 - Apportionment of rental proceeds from tax-deed lands.

7-31-12. Apportionment of rental proceeds from tax-deed lands.
The rental proceeds in any one year from the real estate acquired by counties under tax deed shall, after deducting the expenses of taking such tax deed and after deducting an amount agreed upon by the board of county commissioners necessary for general administrative expenses of tax-deed land, be apportioned by the county officials controlling such proceeds in the same manner as taxes on real estate due and payable during the same year are apportioned.
Source:
SL 1939, ch 25, §8; SL 1945, ch 35; SDC Supp 1960, §12.3411 (1).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-13 - Apportionment of rental proceeds from school mortgage lands.

7-31-13. Apportionment of rental proceeds from school mortgage lands.
The rental proceeds from real estate acquired by counties in satisfaction of a school-loan mortgage or through foreclosure of such shall be distributed as provided by existing laws.
Source:
SL 1939, ch 25, §8; SL 1945, ch 35; SDC Supp 1960, §12.3411 (2).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-14 - Insurance on county-owned improvements.

7-31-14. Insurance on county-owned improvements.
The board of county commissioners may, whenever it appears to be for the best interests of the county and other taxing districts, procure insurance against the hazards of fire, windstorm, tornado, and hail, on buildings held by the county, or in which the county has an interest, situated on land acquired by tax-deed proceedings, foreclosure of school-fund mortgage, or otherwise, and the cost thereof shall be deducted from rentals of such land and buildings in the same manner as administrative expenses, as provided in §7-31-12.
Source:
SL 1945, ch 35; SDC Supp 1960, §12.3411 (3).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-16 - Petition by political subdivision to sell county property--Direction of sale by county commissioners--Reclassification of class two land.

7-31-16. Petition by political subdivision to sell county property--Direction of sale by county commissioners--Reclassification of class two land.
Whenever a majority of the board of county commissioners deems it advisable, or whenever a written petition shall be presented to said board by the governing body of any municipal corporation, school board, board of education or township board, requesting the sale of any real property over which such petitioner has taxing power, the board of county commissioners shall direct that such real property be offered for sale in accordance with chapter 6-13. However, land classified as class two land shall not be offered for sale until after it has been reclassified as class one land by the board of county commissioners as provided in §7-31-3.
Source:
SL 1939, ch 25, §4; SL 1941, ch 37; SDC Supp 1960, §12.3404 (2); SL 1974, ch 68, §8; SL 1989, ch 30, §15.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-25 - Sale contract void on default in payment of installments--Forfeiture and reentry by county.

7-31-25. Sale contract void on default in payment of installments--Forfeiture and reentry by county.
The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the county treasurer. Whenever the purchaser of any tract shall fail to pay the principal or interest due by him to the county for such tract within three months after same shall become due, or shall violate any of the provisions of the contract of sale, such contract shall be null and void, and he shall forfeit the amount of purchase money and interest paid on the purchase of said land, and all right, title and interest in all improvements thereon and such payments and improvements shall be retained by the county for the same purposes for which the proceeds of sale from such lands are used, in full satisfaction and in liquidation of all damages for the use and possession of said property by the purchaser; and the county shall have the immediate right to reenter and take possession of said real estate.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (10).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-26 - Notice of default given to installment purchaser.

7-31-26. Notice of default given to installment purchaser.
To effect such forfeiture the board of county commissioners shall cause to be served upon the purchaser or his legal representative or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (11).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-27 - Service of notice on defaulting installment purchaser.

7-31-27. Service of notice on defaulting installment purchaser.
Such notice shall be served personally in the manner provided for the service of a summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts, recited in the return of the sheriff of the county where real estate lies, shall be prima facie evidence that he cannot be found in such county or state, then service shall be made by notice published once each week for at least two consecutive weeks in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (11); SL 1972, ch 28, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-28 - Recording of notice of default.

7-31-28. Recording of notice of default.
A copy of the notice with proof of service thereof, and the affidavit of the county auditor showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie evidence of the facts therein stated.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (11).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-29 - Reinstatement of installment contract on compliance with conditions--Termination on failure to comply.

7-31-29. Reinstatement of installment contract on compliance with conditions--Termination on failure to comply.
If within the time mentioned in the notice, the person served complies with such conditions and pays the costs of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided in §7-31-25.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (11).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-30 - Proceedings to set aside installment contract in default.

7-31-30. Proceedings to set aside installment contract in default.
In lieu of or in addition to the forfeiture by notice as hereinbefore provided, in the discretion of the board of county commissioners such contract may be set aside by an action in the circuit court of the county in which said real estate is situated, under the proceedings provided for the strict foreclosure of real estate contracts, or under other proceedings provided by law, and the state's attorney shall conduct all said proceedings upon request of the board of county commissioners.
Source:
SL 1941, ch 37; SDC Supp 1960, §12.3404 (12).
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-31 - Apportionment of proceeds of sale of land.

7-31-31. Apportionment of proceeds of sale of land.
The proceeds of any sale of land bid in and acquired pursuant to chapters 10-23, 10-25, and 10-26, after deducting the expenses incurred by the county in the proceedings to take tax deed and in such sale proceedings, shall be placed to the credit pro rata of the various funds and taxing districts which are the beneficiaries of the tax for the year for which such property was sold at tax sale; provided, however, that it shall be lawful for the county treasurer, in his discretion, to distribute the proceeds received from the sale of any property under the provisions hereof by prorating such proceeds on the basis of the levy for any one year the taxes of which are included in the proceeds of such sale, taking the year which represents the more equitable basis for such distribution.
Source:
SL 1939, ch 25, §4; SL 1941, ch 37; SDC Supp 1960, §12.3404 (9); SL 1974, ch 68, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-32 - Exchange of isolated tracts--Advertising and appraisement not required.

7-31-32. Exchange of isolated tracts--Advertising and appraisement not required.
In order to carry out the purpose of this chapter and to provide for efficient administration and management of county lands and to secure the maximum revenue therefrom the board of county commissioners are hereby authorized and empowered to exchange by transfer of title or lease scattered and isolated tracts and sections of county-owned lands for other public or private lands of like character in value, and to execute proper conveyances or leases thereof, in manner and form as provided by existing laws, but without the necessity of complying with any statute requiring advertising, notice, or appraisement, and to accept in return therefor a proper instrument of conveyance to the county of lands for which such lands are exchanged. Lands acquired by exchange shall be sold and leased as provided herein.
Source:
SL 1939, ch 25, §6; SL 1941, ch 38, §2; SDC Supp 1960, §12.3409.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-33 - Adjustment between taxing districts after exchange of lands.

7-31-33. Adjustment between taxing districts after exchange of lands.
Where the exchange of land shall result in the acquisition by the county of land in a different taxing district than the land which the county has exchanged for, the county commissioners shall pay or adjust any claim for taxes which such district or districts may have against such exchanged lands, and shall be authorized to compromise any claim or claims for taxes or penalty and interest as may be agreed upon between the county commissioners and the governing bodies of such district or districts, all moneys received from the newly acquired land shall be apportioned in the same manner as if no such exchange had been made.
Source:
SL 1941, ch 38, §2; SDC Supp 1960, §12.3409.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-34 - Method of sale of school mortgage lands unaffected.

7-31-34. Method of sale of school mortgage lands unaffected.
Nothing in §§7-31-1 to 7-31-33, inclusive shall change the method of sale of county-owned land acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such except that the same may be classified, leased, and managed as provided in said sections.
Source:
SL 1939, ch 25, §5; SDC Supp 1960, §12.3408.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-35 - Appeal from county commissioners to circuit court.

7-31-35. Appeal from county commissioners to circuit court.
Any person aggrieved by any decision of the board of county commissioners upon matters pertaining to §§7-31-1 to 7-31-34, inclusive, shall have the right to appeal to the circuit court, and the procedure of such appeal shall be the same as now provided for by law for appeals from decisions of boards of county commissioners.
Source:
SL 1939, ch 25, §10; SDC Supp 1960, §12.3413.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-36 - Short title of law.

7-31-36. Short title of law.
Sections 7-31-1 to 7-31-36, inclusive, may be known as the County Land Administration and Management Law.
Source:
SL 1939, ch 25, §1; SDC Supp 1960, §12.3401.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-37 - Oil and gas pooling agreements permitted.

7-31-37. Oil and gas pooling agreements permitted.
The boards of county commissioners of the several counties of the state are hereby authorized in their discretion, to enter by resolution into agreements, with respect to acreage or oil or gas rights owned by the several counties, for the pooling of such acreage with other acreage for unit operations for the production of oil or gas and for the apportionment of oil or gas royalties on an acreage or other equitable basis.
Source:
SL 1939, ch 164, §2; SDC Supp 1960, §42.0815.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-38 - Mineral, oil and gas leases permitted.

7-31-38. Mineral, oil and gas leases permitted.
To foster and encourage the development and exploitation of mineral, oil, gas, or other substances or commodities among the natural and physical resources of the State of South Dakota, and for the purpose of developing the resources, and operating and carrying on works of internal improvement in the State of South Dakota, any county of this state, as lessor, through its board of county commissioners, is hereby authorized to execute and issue in the name of such county leases for the exploration and development of, and production of oil or gas from any of the lands belonging to any county of this state acquired in satisfaction of a school-fund loan mortgage or through foreclosure of such, or acquired through tax-deed proceedings or in payment of taxes, to any lessees for such a term of years and upon such terms as may be prescribed and contracted by the board of county commissioners of any county in the state in the exercise of their best judgment, to induce drilling operations and production of oil or gas in paying quantities.
Source:
SL 1939, ch 165, §1; SDC Supp 1960, §42.0801.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-39 - Royalty agreements required in oil and gas leases.

7-31-39. Royalty agreements required in oil and gas leases.
All such leases as described in §7-31-38 shall provide for the delivery to the said county in the pipeline to which said lessee may connect the wells, of a royalty of one-eighth of the oil or 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, at the option of the said board of county commissioners; provided, however, no royalty shall be payable from oil or gas used in operations on the land for the development of oil or gas therefrom. Provided, further, that of the oil or gas so used, the same shall be in the proportion of seven-eighths belonging to the lessee or assigns, and one-eighth which but for such use would be delivered to the said county lessor.
Source:
SL 1939, ch 165, §1; SDC Supp 1960, §42.0801.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-40 - Assignment of mineral, oil and gas leases.

7-31-40. Assignment of mineral, oil and gas leases.
All leases issued under the provisions of §7-31-38 shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the said county. The term legal subdivision as used in this section shall be construed in its ordinary sense as used and recognized in the Bureau of Land Management of the United States. The assignment provided for herein shall be executed and acknowledged in duplicate in the manner prescribed for the conveyance of real estate in this state and subject to recording as other instruments conveying real estate, with like force and effect.
Source:
SL 1939, ch 165, §2; SDC Supp 1960, §42.0802.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-41 - Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default.

7-31-41. Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default.
The board of county commissioners of any county is hereby authorized to cancel any lease issued as provided in §7-31-38 for nonpayment of rentals, if any are required by the lease, or for nonperformance by the lessee of any provision or requirement of the lease; provided, however, that if such cancellation shall be made the said board of county commissioners must mail to the said lessee, or assigns, by registered or certified letter addressed to the post office address of said lessee or assignee, 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 said lessee or assignee, he shall remedy the default specified in said notice, then no cancellation of said lease shall be ordered by the board of county commissioners, but otherwise the cancellation shall be made and all rights of the lessee or assignee under the lease shall thereupon terminate.
Source:
SL 1939, ch 165, §4; SDC Supp 1960, §42.0804.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-42 - Customary provisions inserted in mineral, oil and gas leases.

7-31-42. Customary provisions inserted in mineral, oil and gas leases.
The board of county commissioners is authorized to insert in the leases issued under the provisions of §§7-31-38 to 7-31-41, inclusive, such general provisions as are customary and proper for the protection of the rights of the lessor and of the lessee of the leased lands, and not inconsistent or in conflict with the provisions of said sections.
Source:
SL 1939, ch 165, §5; SDC Supp 1960, §42.0805.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-43 - Power of county commissioners to withhold land from oil and gas leasing.

7-31-43. Power of county commissioners to withhold land from oil and gas leasing.
Nothing contained in §§7-31-38 to 7-31-42, inclusive, shall be construed as requiring the board of county commissioners of any county to lease any tract or tracts of land, nor to offer to lease the same, and said board of county commissioners shall have power to withhold any tract or tracts from leasing for oil or gas purposes, if in the opinion of said board the best interests of the county shall be served by so doing.
Source:
SL 1939, ch 165, §3; SDC Supp 1960, §42.0803.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-44 - Sale or other disposition of oil and gas rights.

7-31-44. Sale or other disposition of oil and gas rights.
The said board of county commissioners is likewise hereby authorized to sell, assign, or otherwise dispose of any leases to, or interests in, any of said oil or gas rights mentioned in §§7-31-38 to 7-31-43, inclusive, or any fraction or part thereof belonging to said county, and such sales are hereby authorized to be made accordingly, whether private or by public auction, or either or both.
Source:
SL 1939, ch 165, §6; SDC Supp 1960, §42.0806.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-45 - Appointment of county agents for management and sale of school mortgage and tax-deed lands.

7-31-45. Appointment of county agents for management and sale of school mortgage and tax-deed lands.
The board of county commissioners of any county in this state which has an area of two hundred fifty thousand acres or more in which five percent or more of the taxable land of said county has been acquired, or which is subject to acquisition by the county, through the foreclosure of school-loan mortgages or through tax-deed proceedings or other source, except lands owned and held by the county for public use, may, in their discretion and whenever they deem it in the best interests of the county, employ any necessary agent or agents to expedite the rental and sale of real property acquired by the county and to assist the county treasurer in instituting tax-deed proceedings against property upon which the county holds or may hereafter acquire tax sale certificates.
Source:
SL 1937, ch 87, §1; SDC 1939, §12.2218.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-46 - County commissioners to direct managing agents--Contracts on behalf of county.

7-31-46. County commissioners to direct managing agents--Contracts on behalf of county.
Such agent or agents shall act under the direction of the board of county commissioners and with the approval of such board shall enter into all necessary contracts on behalf of the county for the lease or rental of any lands, the title to which has been or may hereafter be acquired by the county through foreclosure of any school-fund mortgage, tax-deed proceeding, or other source, except lands owned and held by the county for public use.
Source:
SL 1937, ch 87, §1; SDC 1939, §12.2218.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-47 - Assistance by agents in tax-deed and mortgage-foreclosure proceedings.

7-31-47. Assistance by agents in tax-deed and mortgage-foreclosure proceedings.
Such agent or agents shall also at the direction of the board assist the county treasurer in the preparation and institution of tax-deed proceedings on behalf of the county and render any necessary assistance to the board and the county auditor in the sale of real property acquired by the county through tax-deed proceedings, mortgage foreclosure, or other source, and perform such other duties in relation to any such property as the board of county commissioners may prescribe.
Source:
SL 1937, ch 87, §1; SDC 1939, §12.2218.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands › Section 7-31-48 - Compensation of managing agents--Clerical assistance and supplies.

7-31-48. Compensation of managing agents--Clerical assistance and supplies.
Any agent or agents employed under the provisions of §7-31-45 shall receive such compensation as may be determined by the board of county commissioners, and the board shall have authority to employ any clerical help and provide any office space and office supplies which may be necessary to carry out the provisions of §§7-31-45 to 7-31-48, inclusive.
Source:
SL 1937, ch 87, §2; SDC 1939, §12.2218.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-1 - Commissioners authorized to provide system.

7-33-1. Commissioners authorized to provide system.
The board of county commissioners in each county of the state is authorized to plan, organize, and provide a solid wastes management system to adequately handle solid wastes generated or existing within the boundaries of such county.
Source:
SL 1971, ch 50.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-2 - Agreements for system authorized.

7-33-2. Agreements for system authorized.
The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid wastes management system for all participating counties, an individual county, or any portion thereof.
Source:
SL 1971, ch 50; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-3 - Lease or purchase of land, facilities and vehicles authorized.

7-33-3. Lease or purchase of land, facilities and vehicles authorized.
The board of county commissioners is authorized to contract for the lease or purchase of land, facilities and vehicles for the operation of a solid wastes management system either for the county or as a party to a regional solid wastes authority.
Source:
SL 1971, ch 50.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-4 - Tax levies and charges authorized--Licenses.

7-33-4. Tax levies and charges authorized--Licenses.
The board of county commissioners shall have the authority to levy and collect such taxes, fees, or charges, and require such licenses as may be appropriate to discharge their responsibility for a solid wastes management system or any portion thereof.
Source:
SL 1971, ch 50.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-5 - Acceptance of grants and gifts.

7-33-5. Acceptance of grants and gifts.
The board of county commissioners shall be authorized to accept, receive, and administer grants or other funds or gifts from private and public agencies, including the federal government, for the development and operation of a solid wastes management system.
Source:
SL 1971, ch 50.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-6 - Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials.

7-33-6. Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials.
The board of county commissioners of a county may, in accordance with the provisions of §§34A-6-40 and 34A-6-63.1, establish policies and requirements for the operation of solid waste or recycling facilities and systems and the sale or transfer of solid waste materials or by-products or recyclable materials.
Source:
SL 1971, ch 50; SL 1976, ch 77; SL 2007, ch 204, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-7 - Board authorized to borrow money for the construction and operation of solid waste management facilities.

7-33-7. Board authorized to borrow money for the construction and operation of solid waste management facilities.
For the purpose of defraying the cost of acquiring, establishing, planning, operating, and maintaining a solid waste management system or facility, recycling facility, or any portion of such a system or facility, the board of county commissioners may borrow money and issue negotiable revenue bonds, without pledging or using the credit of the county. All proceedings for the construction and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility, and the borrowing of money and issuing of bonds therefore, shall be governed, to the extent applicable, by §§7-33-7 to 7-33-9, inclusive, and chapters 9-40 and 34A-6. All revenue bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source:
SL 2009, ch 31, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-8 - Fixing of rates and charges for services--Pledge of revenues to pay bonds.

7-33-8. Fixing of rates and charges for services--Pledge of revenues to pay bonds.
The board of county commissioners may:
(1)Fix reasonable rates and charges for services furnished and made available by the county to users of its facilities;
(2)Provide for the collection of the rates and charges;
(3)Pledge the net revenues derived from the facilities to the payment of bonds made payable from the revenues; and
(4)Make and enforce on behalf of the county any such lawful provisions and stipulations relating to the proper operation and maintenance of the facilities, the administration of the income and revenues, the expenditure of the bond proceeds, and, without limitation, all other matters affecting the security of the bonds and the bondholders, which the board deems necessary.
Source:
SL 2009, ch 31, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 33 - Solid Wastes Management Systems › Section 7-33-9 - Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds.

7-33-9. Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds.
If revenue bonds are issued pursuant to §7-33-7, the board of county commissioners is obligated, until all the bonds and interest thereon are fully paid, to:
(1)Fix such rates and charges and to revise them from time to time in such manner that the collections thereof will be adequate to pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds; and
(2)Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds and to accumulate and maintain reserves for the further security of the bonds in such amounts as may be agreed in the resolutions authorizing the bonds.
Source:
SL 2009, ch 31, §3.