reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20.2 - Development of potential to produce energy from wind power or solar power.

43-13-20.2. Development of potential to produce energy from wind power or solar power.
For purposes of §§43-13-17 to 43-13-20.5, inclusive, development of the potential to produce energy from wind power associated with the wind easement or wind lease occurs when the foundation is poured for the first wind turbine to be installed on any property that is part of any one wind energy project, on any property that is part of any single construction stage of a wind energy project, or on any property that is described in the notice required by §49-41B-25.1. Development of the potential to produce energy from solar power associated with the solar easement or solar lease occurs when the mounting system is installed for the first photovoltaic panel on any property that is part of any one solar energy project or on any property that is part of any single construction stage of a solar energy project.
Source:
SL 2010, ch 213, §4; SL 2017, ch 188, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20.3 - Additional contents of wind or solar easement documents.

43-13-20.3. Additional contents of wind or solar easement documents.
In addition to any other requirements of law, the filing required pursuant to §43-13-17 shall include:
(1)The names and addresses of the parties;
(2)A legal description of the real property involved;
(3)Description of property rights conveyed;
(4)Term of the wind or solar easement;
(5)Description of any restrictions placed on the property for essential services as defined in §43-13-20; and
(6)In the case of a third party acquisition, the name and address of the party for which the wind or solar easement is acquired.
This information shall be contained in a separately filed and recorded document. Nothing in this section prohibits the filing of additional documents between the parties.
Source:
SL 2010, ch 213, §5; SL 2017, ch 188, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20.4 - Waiting period for execution of wind or solar easement or lease.

43-13-20.4. Waiting period for execution of wind or solar easement or lease.
No wind or solar easement or wind or solar lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner.
Source:
SL 2010, ch 213, §6; SL 2017, ch 188, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20.5 - Confidentiality agreements.

43-13-20.5. Confidentiality agreements.
No wind or solar developer may require a property owner to maintain the confidentiality of any negotiations or terms of any proposed easement or lease except that the parties may agree to a mutual confidentiality agreement in the final executed wind or solar easement, wind or solar lease, or a separate document. Any disclosure of trade secrets or competitive business plans of the developer may be subject to the confidentiality agreement whether occurring before or after execution of the wind or solar easement or wind or solar lease.
Source:
SL 2010, ch 213, §7; SL 2017, ch 188, §10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-21 - Small wind energy system defined.

43-13-21. Small wind energy system defined.
For the purposes of §§43-13-22 to 43-13-24, inclusive, the term, small wind energy system, means any system of one or more wind turbines where the height of each wind turbine tower is less than seventy-five feet.
Source:
SL 2009, ch 221, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-22 - Large wind energy system defined.

43-13-22. Large wind energy system defined.
For the purposes of §§43-13-21 to 43-13-24, inclusive, the term, large wind energy system, means any system of one or more wind turbines not included in the definition of a small wind energy system.
Source:
SL 2009, ch 221, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-23 - Small wind energy system set back requirement--Exception .

43-13-23. Small wind energy system set back requirement--Exception.
Each wind turbine tower of a small wind energy system shall be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner.
Source:
SL 2009, ch 221, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-24 - Large wind energy system set back requirement--Exception.

43-13-24. Large wind energy system set back requirement--Exception.
Each wind turbine tower of a large wind energy system shall be set back at least five hundred feet or 1.1 times the height of the tower, whichever distance is greater, from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner.
Source:
SL 2009, ch 221, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-25 - Enforcement of farm tap easements.

43-13-25. Enforcement of farm tap easements.
A farm tap easement is an easement for the location, construction, operation or maintenance of a pipeline which includes, as part of the consideration for the easement, the provision of natural gas to and for the use of the grantor through a direct connection to the pipeline. In any court action seeking enforcement of a farm tap easement, a prevailing grantor or successor to a grantor of a farm tap easement may receive specific performance as a portion of the remedy from the farm tap easement grantee or its successor.
Source:
SL 2017, ch 197, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 14 - Rights Of Occupants And Settlers › Section 43-14-1 - Occupancy conferring title--Exceptions.

43-14-1. Occupancy conferring title--Exceptions.
Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession.
Source:
CivC 1877, §581; CL 1887, §3204; RCivC 1903, §897; RC 1919, §495; SDC 1939, §51.1101.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 14 - Rights Of Occupants And Settlers › Section 43-14-2 - Title by prescription--Occupancy for period prescribed by law.

43-14-2. Title by prescription--Occupancy for period prescribed by law.
Occupancy for the period prescribed by any law of this state as sufficient to bar an action for the recovery of property, confers a title thereto denominated a title by prescription, which is sufficient against all.
Source:
CivC 1877, §582; CL 1887, §3205; RCivC 1903, §898; RC 1919, §496; SDC 1939, §51.1102.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 14 - Rights Of Occupants And Settlers › Section 43-14-3 - Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land.

43-14-3. Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land.
Any person settled upon the public lands belonging to the United States on which settlement is not expressly prohibited by Congress or some department of the general government may maintain an action for any injuries done the same, also an action to recover the possession thereof in the same manner as if he possessed a fee simple title to said land.
Source:
CCivP 1877, §650; CL 1887, §5464; RCCivP 1903, §690; RC 1919, §2868; SDC 1939 & Supp 1960, §37.1502.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-1 - Definition of terms.

43-15A-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Commission," the South Dakota Real Estate Commission;
(2)"Co-owner," any person, firm, corporation, limited liability company, partnership, association, trust, or legal entity, or any combination thereof who owns a condominium within the project;
(3)"Council of co-owners," all co-owners of the condominium;
(4)"Master deed" or "master lease," the deed or lease recording the property of the condominium;
(5)"Project," the entire parcel of real property divided or to be divided into condominiums, including all structures on the property;
(6)"Property," land whether leasehold or fee simple and the buildings or building, all improvements and structures on the land and all easements, rights and appurtenances belonging to the land;
(7)"To record," to record pursuant to the laws of this state relating to the recordation of deeds.
Source:
SL 1975, ch 270, §1; SL 1986, ch 302, §79; SL 1994, ch 351, §101.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-2 - Estates subject to chapter.

43-15A-2. Estates subject to chapter.
"Condominium," as used in this chapter, unless the context otherwise requires, shall mean an estate in real property consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building or industrial and commercial building on such real property, such as, but not restricted to, an apartment, office, or store. A condominium may include in addition a separate interest in other portions of real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years.
Source:
SL 1975, ch 270, §1 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-3 - Establishment of condominium project--Master deed or lease.

43-15A-3. Establishment of condominium project--Master deed or lease.
Whenever a developer, the sole owner, or the co-owners of a building or buildings expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by §43-15A-4, their desire to submit their property to the formation of a condominium established by this chapter, there shall be thereby established a condominium project.
Source:
SL 1975, ch 270, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-4 - Particulars required in master deed or lease.

43-15A-4. Particulars required in master deed or lease.
The master deed or lease to which §43-15A-3 refers shall express the following particulars:
(1)The description of the land, whether leased or in fee simple, and the building or buildings, expressing their respective areas;
(2)The general description and the number of each condominium, expressing its area, location, and any other data necessary for its identification;
(3)The description of the common areas of the building or buildings; and
(4)The provisions requiring the council of co-owners to maintain insurance on the condominium.
Source:
SL 1975, ch 270, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-5 - Common areas defined.

43-15A-5. Common areas defined.
"Common areas," as used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, includes:
(1)The land whether fee simple or leased, on which the building or buildings stand;
(2)The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits and communication ways;
(3)The basements, flat roofs, yards, gardens, recreation facilities, and parking areas, unless otherwise provided or stipulated;
(4)The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;
(5)The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps, and the like;
(6)The elevators, garbage incinerators, and in general all devices or installations existing for common use; and
(7)All other elements of the property rationally of common use or necessary to its existence, upkeep, and safety.
Source:
SL 1975, ch 270, §1 (6).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-7 - Exclusive and common rights of owners.

43-15A-7. Exclusive and common rights of owners.
Any condominium owner shall have an exclusive right to his condominium and shall have a common right to a share, with other co-owners, in the common areas of the property.
Source:
SL 1975, ch 270, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-8 - Recording of transfers and encumbrances of individual units.

43-15A-8. Recording of transfers and encumbrances of individual units.
Provisions shall be made for the recordation of the individual condominiums on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordation.
Source:
SL 1975, ch 270, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-9 - Recording of master deeds and leases--Tax inapplicable to original recordation.

43-15A-9. Recording of master deeds and leases--Tax inapplicable to original recordation.
The register of deeds of the county recording any master deed or lease shall receive the sum of seventy-five dollars for the first fifty pages plus two dollars per page for each page or fraction thereof exceeding fifty pages. A master deed or lease shall be recorded in the same manner and subject to the same provisions of law as are deeds. However, no state or local recordation tax upon the value of the property transferred shall apply to the deed or portion thereof recorded solely for the purpose of complying with the provisions of §43-15A-3.
Source:
SL 1975, ch 270, §5; SL 2012, ch 51, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-10 - Notice of intent to sell domestic condominium--Contract voidable if notice not given.

43-15A-10. Notice of intent to sell domestic condominium--Contract voidable if notice not given.
Prior to the time when a domestic condominium project is to be offered for sale in this state, the developer shall notify the real estate commission in writing of his intention to sell such offerings. If the developer fails to notify the commission as provided in this chapter, the purchaser may at his option void the contract for sale.
Source:
SL 1975, ch 270, §6; SL 1986, ch 302, §80.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-11 - Fee to accompany notice of intent--Questionnaire--Form and content.

43-15A-11. Fee to accompany notice of intent--Questionnaire--Form and content.
The notice of intention to sell shall be accompanied by a fee of twenty-five dollars for each condominium unit up to a maximum of five hundred dollars and by a verified copy of a questionnaire provided by the commission which has been properly completed by the developer. The questionnaire will be in such form and content as will require full disclosure of all material facts, including, but not limited to:
(1)A full disclosure of rights and privileges to common areas;
(2)The sales price of each unit;
(3)Down payment requirement;
(4)Interest rate on mortgages;
(5)Estimated annual property tax attributable to the condominium;
(6)Estimated annual fire and hazard insurance attributable to condominium; and
(7)The amount to be charged to the purchaser under the maintenance contract and under what circumstances the costs may be raised.
Source:
SL 1975, ch 270, §7; SL 1986, ch 302, §81.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-12 - Inspection of condominium project.

43-15A-12. Inspection of condominium project.
After appropriate notification has been made pursuant to §§43-15A-10 and 43-15A-11, an inspection of the condominium project may be made by the Real Estate Commission.
Source:
SL 1975, ch 270, §8; SL 1986, ch 302, §82.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-13 - Waiver of initial inspection.

43-15A-13. Waiver of initial inspection.
The Real Estate Commission may waive initial inspection when in its opinion, a preliminary or final public report can be substantially drafted and issued from the contents of the questionnaire and other or subsequent inquiries. Failure of the commission to notify the developer of its intent to inspect his project within thirty days after notification of intention is properly filed pursuant to §§43-15A-10 and 43-15A-11 will be construed a waiver of such inspection.
Source:
SL 1975, ch 270, §10; SL 1986, ch 302, §83.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-14 - Filing fee and inspection expenses to accompany notice of intent--Payment to inspector.

43-15A-14. Filing fee and inspection expenses to accompany notice of intent--Payment to inspector.
When an inspection is to be made of projects, the notice of intention shall be accompanied by the filing fee, together with an amount estimated by the Real Estate Commission to be necessary to cover the actual expenses of such inspection, not to exceed seventy-five dollars a day for each day consumed in the examination of the project plus reasonable first-class transportation expenses, which shall be paid pursuant to §43-15A-15 as a fee to the board representative inspecting such project.
Source:
SL 1975, ch 270, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-15 - Deposit and expenditure of fees.

43-15A-15. Deposit and expenditure of fees.
The fees collected in this chapter shall be deposited and expended according to the rules promulgated pursuant to chapter 1-26 by the Real Estate Commission.
Source:
SL 1975, ch 270, §20; SL 1986, ch 302, §84.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-16 - Public report of examination findings--Status of report.

43-15A-16. Public report of examination findings--Status of report.
When the Real Estate Commission makes an examination of any project, it shall make a public report of its findings, which shall contain all material facts available. A public report shall be construed to be neither an approval nor a disapproval of a project.
Source:
SL 1975, ch 270, §11; SL 1986, ch 302, §85.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-17 - Commission report required before offer to sell or taking reservations to purchase.

43-15A-17. Commission report required before offer to sell or taking reservations to purchase.
No unit in a condominium project may be offered for sale until the Real Estate Commission has issued a final or substitute public report thereon, nor may reservations to purchase be taken until the commission has issued a preliminary, final, or substitute public report.
Source:
SL 1975, ch 270, §11; SL 1986, ch 302, §86.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-18 - Supplementary report on investigations made after final or substitute report issued--True copy to purchasers.

43-15A-18. Supplementary report on investigations made after final or substitute report issued--True copy to purchasers.
If, after a final or substitute public report has been issued, the Real Estate Commission decides to conduct further inquiries or investigations in order to protect the general public in its real estate transactions, the commission may issue a supplementary public report describing the findings thereof. Upon the issuance of a supplementary public report, the developer shall issue a true copy thereof to all purchasers.
Source:
SL 1975, ch 270, §15; SL 1986, ch 302, §87.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-19 - Copy of reports issued to prospective purchaser before binding contract for sale--Time to read copy--Receipt.

43-15A-19. Copy of reports issued to prospective purchaser before binding contract for sale--Time to read copy--Receipt.
No developer may enter into a binding contract or agreement for the sale of any unit in a condominium project until a true copy of the Real Estate Commission's final or substitute public report thereon with all supplementary public reports, if any, has been issued and given to the prospective purchaser who has been given no less than ten days to read same, and, his receipt taken therefor.
Source:
SL 1975, ch 270, §14; SL 1986, ch 302, §88.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-20 - True copies to be exact reproductions of commission's reports.

43-15A-20. True copies to be exact reproductions of commission's reports.
The true copies of the Real Estate Commission's public reports shall be an exact reproduction of those prepared by the commission.
Source:
SL 1975, ch 270, §16; SL 1986, ch 302, §89.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-21 - Receipts kept by developer--Inspection--Duration.

43-15A-21. Receipts kept by developer--Inspection--Duration.
Receipts taken for any public report shall be kept on file in possession of the developer subject to inspection at a reasonable time by the Real Estate Commission or its deputies, for a period of three years from the date the receipt was taken.
Source:
SL 1975, ch 270, §14; SL 1986, ch 302, §90.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-22 - Material change in offering prohibited without written notice.

43-15A-22. Material change in offering prohibited without written notice.
It is a Class 1 misdemeanor for the developer of the project, after an offering is submitted to the Real Estate Commission, to materially change the setup or value or use of such offering without first notifying the commission in writing of such intended change and substantially notifying all purchasers and prospective buyers of such change.
Source:
SL 1975, ch 270, §17; SL 1983, ch 15, §2; SL 1986, ch 302, §91.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-23 - Deposits held in escrow until delivery of deed.

43-15A-23. Deposits held in escrow until delivery of deed.
Any deposit made with a reservation to purchase or a contract to purchase shall be held in escrow in a separate fund for such deposits designated as such until the deed for which a deposit was made is delivered to the depositor.
Source:
SL 1975, ch 270, §12.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-24 - Management or recreation facility contract period limited--Subsequent contracts by council of co-owners.

43-15A-24. Management or recreation facility contract period limited--Subsequent contracts by council of co-owners.
No management or recreation facility contract may be entered into by a developer for a period of longer than two years. All subsequent management or recreation facility contracts shall be made by council of co-owners.
Source:
SL 1975, ch 270, §13.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-25 - False statement, fraud, or violation of provisions as misdemeanor.

43-15A-25. False statement, fraud, or violation of provisions as misdemeanor.
Any person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any project offered for sale or lease, and a person who, with knowledge that an advertisement, pamphlet, prospectus, or letter concerning a project contains a written statement that is false or fraudulent, issues, circulates, publishes, or distributes the same, or causes the same to be issued, circulated, published, or distributed, or who, in any other respect, violates or fails to comply with the provisions set forth in §§43-15A-10 to 43-15A-26, inclusive, or who in any other respect violates or fails, omits, or neglects to obey, observe, or comply with any order, decision, demand, or requirement of the Real Estate Commission under §§43-15A-10 to 43-15A-26, inclusive, is guilty of a Class 1 misdemeanor.
Source:
SL 1975, ch 270, §18; SL 1983, ch 15, §3; SL 1986, ch 302, §92.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-26 - Investigation of developer suspected of violations--Examination of books--Developers to keep records available.

43-15A-26. Investigation of developer suspected of violations--Examination of books--Developers to keep records available.
If the Real Estate Commission has reason to believe that a developer is violating any provision set forth in §§43-15A-10 to 43-15A-26, inclusive, or the rules of the commission promulgated pursuant thereto, the commission may investigate the developer's project and examine the books, accounts, records, and files used in the project of the developer. For the purposes of examination, the developer is required to keep and maintain records of all sales transactions and of the funds received by him pursuant thereto, and to make them accessible to the commission upon reasonable notice and demand.
Source:
SL 1975, ch 270, §19; SL 1986, ch 302, §93.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-28 - Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.

43-15A-28. Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.
Any vertical and horizontal property regime established pursuant to former chapter 43-15, or any condominium established pursuant to chapter 43-15A recorded before January 1, 1992, in the office of the register of deeds of the county in which the land is located, which was in compliance with former chapter 43-15 or chapter 43-15A, respectively, is hereby declared to be valid.
If any person had any vested right in any real property conveyed under either of said chapters, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is located, a notice of the pendency of such action, in accordance with the provision of chapter 15-10.
Source:
SL 1980, ch 294, §21; SL 1992, ch 307, §52.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-29 - Lien for erection, repair, or improvement of a single development--Apportionment of liens.

43-15A-29. Lien for erection, repair, or improvement of a single development--Apportionment of liens.
A lien holder who contributes to the erection, alteration, repair, or other general improvement of a single development of condominiums shall apportion his demand among the condominiums affected and shall assert a lien for a proportionate part upon each and upon the ground appurtenant to each respectively.
Source:
SL 1984, ch 284, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15A - Condominiums › Section 43-15A-30 - Promulgation of rules to administer and enforce chapter.

43-15A-30. Promulgation of rules to administer and enforce chapter.
The Real Estate Commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter.
Source:
SL 1986, ch 302, §94.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-1 - "Time-share" defined.

43-15B-1."Time-share" defined.
For purposes of this chapter, the term "time-share" means the right to use and occupy a living unit, of which the use and occupancy right is divided among persons holding similar interests within that living unit according to a fixed or variable time schedule on a periodic basis and allotted from the use or occupancy into which the time-share project is divided. There is no distinction between a "time-share use" and a "time-share estate."
Source:
SL 1983, ch 273, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-2 - Restrictions on sales.

43-15B-2. Restrictions on sales.
No person may sell, convey, present for sale, or advertise any interest in a time-share project unless he complies with the provisions of this chapter.
Source:
SL 1983, ch 273, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-4 - Fee for registration.

43-15B-4. Fee for registration.
Application for initial registration under §43-15B-3 shall be accompanied by a fee set by rule promulgated pursuant to chapter 1-26 not to exceed twenty-five dollars per unit. The total fee may not exceed one thousand dollars per time-share project.
Source:
SL 1983, ch 273, §4; SL 1986, ch 302, §96.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-5 - Inspection fee.

43-15B-5. Inspection fee.
The Real Estate Commission may charge an inspection fee in the amount of seventy-five dollars per day for each day estimated to be consumed in the examination of the project, plus additional reasonable expenses, which shall be paid to the commission representative inspecting a project.
Source:
SL 1983, ch 273, §5; SL 1986, ch 302, §97.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-6 - Rules.

43-15B-6. Rules.
The Real Estate Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter.
Source:
SL 1983, ch 273, §6; SL 1986, ch 302, §98.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-7 - Sale of unregistered project prohibited--Exception--Issuance of restricted licenses.

43-15B-7. Sale of unregistered project prohibited--Exception--Issuance of restricted licenses.
No person may offer to sell in this state any time-share project, or offer to sell outside the state any time-share in a time-share project located within this state without first registering the time-share project with the South Dakota Real Estate Commission. The sale or transfer of a time-share project by an owner other than the developer or sales agent is exempt from this chapter. The Real Estate Commission may issue restricted brokers' or salesmen's licenses for time share brokers or salesmen pursuant to §36-21-28.1.
Source:
SL 1983, ch 273, §7; SL 1986, ch 302, §99.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-8 - Forfeited registration--Restoration--Fee.

43-15B-8. Forfeited registration--Restoration--Fee.
If a time-share project is not renewed by the date set by the commission by rule promulgated pursuant to chapter 1-26 the registration for such project is forfeited. A forfeited registration may be restored within ninety days upon payment of a registration fee set by the commission by rule promulgated pursuant to chapter 1-26 not to exceed twenty-five dollars per unit. The total fee may not exceed two hundred fifty dollars per time-share project.
Source:
SL 1986, ch 302, §100.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 15B - Time-Share Estates › Section 43-15B-9 - Applicants and licensees under disciplinary investigation--Criminal background check.

43-15B-9. Applicants and licensees under disciplinary investigation--Criminal background check.
Each applicant for licensure and registration as a time share agent in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the commission shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2009, ch 190, §3; SL 2021, ch 179, § 4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-1 - Owner of land in fee, right to surface and things beneath or above it.

43-16-1. Owner of land in fee, right to surface and things beneath or above it.
The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
Source:
CivC 1877, §265; CL 1887, §2781; RCivC 1903, §288; RC 1919, §358; SDC 1939, §51.0701.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-2 - Coterminous owner--Right to lateral and subjacent support.

43-16-2. Coterminous owner--Right to lateral and subjacent support.
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.
Source:
CivC 1877, §268; CL 1887, §2784; RCivC 1903, §291; RC 1919, §361; SDC 1939, §51.0702.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-3 - Land bounded by road or street--Scope of ownership.

43-16-3. Land bounded by road or street--Scope of ownership.
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
Source:
CivC 1877, §267; CL 1887, §2783; RCivC 1903, §290; RC 1919, §360; SDC 1939, §51.0704.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-4 - Ownership of tree on land determined by the location of its trunk.

43-16-4. Ownership of tree on land determined by the location of its trunk.
Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another.
Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
Source:
CivC 1877, §§269, 270; CL 1887, §§2785, 2786; RCivC 1903, §§292, 293; RC 1919, §§362, 363; SDC 1939, §51.0705.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-5 - Boundaries and monuments--Maintenance by coterminous owners.

43-16-5. Boundaries and monuments--Maintenance by coterminous owners.
Coterminous owners are mutually bound equally to maintain the boundaries and monuments between them.
Source:
CivC 1877, §272; CL 1887, §2788; RCivC 1903, §295; RC 1919, §365; SDC 1939, §51.0711.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-6 - Monument designating point in boundary--Malicious removal as misdemeanor.

43-16-6. Monument designating point in boundary--Malicious removal as misdemeanor.
Any person who maliciously removes any monument of stone, wood, or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §709, subdiv 1; CL 1887, §6900, subdiv 1; RPenC 1903, §730, subdiv 1; RC 1919, §4337 (1); SDC 1939, §13.4502 (1); SL 1983, ch 15, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-7 - Defacing or altering boundary marker as misdemeanor.

43-16-7. Defacing or altering boundary marker as misdemeanor.
Any person who maliciously defaces or alters the marks upon any tree, post, or other monument, made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §709, subdiv 2; CL 1887, §6900, subdiv 2; RPenC 1903, §730, subdiv 2; RC 1919, §4337 (2); SDC 1939, §13.4502 (2); SL 1983, ch 15, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 16 - Land Boundaries, Monuments And Subsurface Rights › Section 43-16-8 - Malicious removal of tree used as boundary marker as misdemeanor.

43-16-8. Malicious removal of tree used as boundary marker as misdemeanor.
Any person who maliciously cuts down or removes any tree upon which marks have been made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, with intent to destroy such marks, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §709, subdiv 3; CL 1887, §6900, subdiv 3; RPenC 1903, §730, subdiv 3; RC 1919, §4337 (3); SDC 1939, §13.4502 (3); SL 1983, ch 15, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-1 - Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.

43-17-1. Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.
The ownership of land below ordinary high-water mark, and of land below the water of a navigable lake or stream, is regulated by the laws of the United States or by such laws of the state as the Legislature may enact.
Source:
CivC 1877, §169; CL 1887, §2685; RCivC 1903, §192; RC 1919, §262; SDC 1939, §51.0206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-2 - Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.

43-17-2. Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.
Unless the grant under which the land is held indicates a different intent, the owner of the upland, if it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low water mark. All navigable rivers and lakes are public highways within fifty feet landward from the water's nearest edge, provided that the outer boundary of such public highway may not expand beyond the ordinary high water mark and may not contract within the ordinary low water mark, and subject to §§43-17-29, 43-17-31, 43-17-32, and 43-17-33.
Source:
CivC 1877, §266; CL 1887, §2782; RCivC 1903, §289; RC 1919, §359; SDC 1939, §51.0703; SL 1985, ch 337, §1; SL 1989, ch 379, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-3 - Lands forming in bed of navigable stream or meandered lake belong to state--Exception.

43-17-3. Lands forming in bed of navigable stream or meandered lake belong to state--Exception.
Islands and accumulations of lands formed in the beds of streams which are navigable and in meandered lakes belong to the state, if there is no title or prescription to the contrary.
Source:
CivC 1877, §586; CL 1887, §3209; RCivC 1903, §902; SL 1915, ch 228; RC 1919, §500; SDC 1939, §51.1107.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-4 - Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.

43-17-4. Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.
In all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.
Source:
CivC 1877, §266; CL 1887, §2782; RCivC 1903, §289; RC 1919, §359; SDC 1939, §51.0703.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-5 - Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.

43-17-5. Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.
Where from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right-of-way over the bank.
Source:
CivC 1877, §584; CL 1887, §3207; RCivC 1903, §900; RC 1919, §498; SDC 1939, §51.1104.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-6 - Surveying and subdividing accretion lands--Permanency of uncontested boundaries.

43-17-6. Surveying and subdividing accretion lands--Permanency of uncontested boundaries.
When any tract of accretion lands shall have been, or may hereafter be, surveyed and subdivided by a licensed surveyor and approved by the circuit court and the boundaries of the various riparian owners have been established and have remained uncontested for a period of six years or more, after final judgment in the court having jurisdiction of the subject matter, such boundaries shall be permanent as long as the title is not lost by erosion or submergence or other laws governing accretion lands.
Source:
SL 1941, ch 214, §1; SDC Supp 1960, §51.1104-1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-7 - Notice of survey of accretion lands--Consent of interested parties necessary.

43-17-7. Notice of survey of accretion lands--Consent of interested parties necessary.
Before commencing any such survey, the surveyor shall give ten days' notice, in writing by personal service upon all parties having an interest in such accretion lands, that each may be present at such survey if he so desires, and that no such survey shall be made without the written consent of the parties in interest or by order of the court having competent jurisdiction.
Source:
SL 1941, ch 214, §2; SDC Supp 1960, §51.1104-2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-8 - Plat of accretion lands by surveyor--Contents--Recording.

43-17-8. Plat of accretion lands by surveyor--Contents--Recording.
The surveyor who makes such survey shall make a plat of such accretion lands, showing the acreage, the courses and distances, and the boundaries of all tracts, and record the same in the office of the register of deeds in the county in which the land is situated.
Source:
SL 1941, ch 214, §3; SDC Supp 1960, §51.1104-3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-9 - Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.

43-17-9. Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.
In the event additional lands shall thereafter become attached to such accretion land and subdivision of same, the outer boundary of the first surveyed accretion land shall be substituted and treated as though it were the original government meander line, and the new and additional accreted land shall be apportioned as in the original subdivision of the first accretion. Provided, however, that in the determination of the boundary line to be used, the circuit court shall determine as to whether or not the outer boundary line shall be substituted for the original government meander line, and said court shall determine the method of apportionment of such additional accreted land.
Source:
SL 1941, ch 214, §1; SDC Supp 1960, §51.1104-1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-10 - Title to land by avulsion--Reclamation by original owner of part of land carried away.

43-17-10. Title to land by avulsion--Reclamation by original owner of part of land carried away.
If a river or stream, navigable or not navigable, carries away by sudden violence a considerable and distinguishable part of a bank and bears it to the opposite bank or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof.
Source:
CivC 1877, §585; CL 1887, §3208; RCivC 1903, §901; RC 1919, §499; SDC 1939, §51.1105.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-11 - Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.

43-17-11. Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.
If a stream, navigable or not navigable, forms a new course, abandoning its ancient stream bed, the owners of the land newly occupied take by way of indemnity the ancient stream bed abandoned, each in proportion to the land of which he has been deprived.
Source:
CivC 1877, §589; CL 1887, §3212; RCivC 1903, §905; RC 1919, §503; SDC 1939, §51.1106.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-12 - New arm of stream--Island formed by division belongs to owner of shore.

43-17-12. New arm of stream--Island formed by division belongs to owner of shore.
If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner.
Source:
CivC 1877, §588; CL 1887, §3211; RCivC 1903, §904; RC 1919, §502; SDC 1939, §51.1109.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-13 - Ownership of island or accumulation of land in nonnavigable stream.

43-17-13. Ownership of island or accumulation of land in nonnavigable stream.
An island or accumulation of land formed in a stream which is not navigable belongs to the owner of the shore on that side where the island or accumulation is formed, or if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.
Source:
CivC 1877, §587; CL 1887, §3210; RCivC 1903, §903; RC 1919, §501; SDC 1939, §51.1108.