reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-27 - Action at law to set aside installment contract in default.

5-9-27. Action at law 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 commissioner of school and public lands, such contract may be set aside by an action at law in the circuit court for the county in which said real estate is situated under the proceedings provided for the strict foreclosure of real estate contracts, or under any other proceedings provided by law, and the attorney general shall conduct all of said proceedings upon written request filed with him by the commissioner of school and public lands of the State of South Dakota.
Source:
SL 1911, ch 224, §42; RC 1919, §5666; SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-28 - Taxability of land sold--Notice to county auditor of disapproval of sale.

5-9-28. Taxability of land sold--Notice to county auditor of disapproval of sale.
Whenever the county auditor shall deliver to the commissioner of school and public lands the certified copy of the record of any land sales as provided in §5-9-9, the county auditor shall take notice of the same and such land shall thereupon become subject to taxation the same as other lands; and taxes shall be assessed thereon, collected and enforced, in like manner as taxes on other lands, unless the commissioner of school and public lands shall notify the county auditor prior to the next ensuing assessment date that the sale of such lands or any description thereof has been disapproved.
Source:
SL 1911, ch 224, §45; SL 1917, ch 340, §1; RC 1919, §5669; SDC 1939, §15.0311; SL 1955, ch 35.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-29 - Tax purchaser's rights under installment contract--Payment of delinquent installments.

5-9-29. Tax purchaser's rights under installment contract--Payment of delinquent installments.
The purchaser of any such land sold for delinquent taxes shall acquire only such rights and interests as belong to the party holding the contract of sale hereinbefore provided for, and the right to be substituted as the assignee thereof and upon exhibition to the proper officer of the tax certificate given at a tax sale, in case the land has not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon the contract of sale, as the assignee thereof, prior to the redemption of such land.
Source:
SL 1911, ch 224, §45; SL 1917, ch 340, §1; RC 1919, §5669; SDC 1939, §15.0311; SL 1955, ch 35.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.

5-9-30. Special contract of sale given to tax purchaser after issuance of tax deed.
In case the holder of such contract of sale shall fail to redeem the land within the time allowed by law for the redemption of other lands sold for taxes, and also pay to the proper officer for the use of the holder of the tax certificate all payments of principal and interest if any, made by him upon the contract of sale, with interest from the time so made at the rate provided by law, the holder and owner of such tax certificate, upon the receipt of a tax deed thereon, duly given, and the filing of a certified copy of the same with the commissioner of school and public lands together with a certificate showing that he has caused notice as hereinafter provided to be served upon the legal holder of the contract of sale of his intention of making application for a special contract of sale as herein provided, shall be given by the commissioner a special contract of sale, embodying the same terms and conditions and with like force and effect as the original contract of sale and in lieu thereof.
Source:
SL 1911, ch 224, §45; SL 1917, ch 340, §1; RC 1919, §5669; SDC 1939, §15.0311; SL 1955, ch 35.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-31 - Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.

5-9-31. Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.
Before the holder of a tax deed as above provided shall be entitled to a special contract of sale, notice shall be served upon the owner of record of the original contract of sale, and upon the person in possession of the land covered by said contract. Such notice shall be signed by the holder of the tax deed, his agent, or attorney, stating the date of the tax deed, the description of the land, the name of the holder of the contract, the date and number of the same, and setting forth the fact that he will make application for a special contract at the expiration of sixty days from the service of the notice. Personal service of such notice in the manner provided by law for the service of summons shall be made upon the holder of the contract if he resides within the state. If he is a nonresident such notice may be served by publication once each week for three consecutive weeks in some newspaper printed in the county where the land is situated.
Source:
SL 1911, ch 224, §45; SL 1917, ch 340, §1; RC 1919, §5669; SDC 1939, §15.0311; SL 1955, ch 35.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-32 - Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.

5-9-32. Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.
When full payment has been made for any tract sold, a patent for the tract executed in the name of the state by the Governor, and attested by the commissioner of school and public lands, under the seal of office of the commissioner, shall be made out and delivered by the commissioner to the register of deeds of the county in which the land is situated. The patent shall run to the original purchaser, if the purchaser is living and the purchaser's interest in the land has not been assigned. However, if a legal transfer of the purchaser's interest has been made, the patent shall run to the actual owner of such interest, as may appear from documentary evidence approved by the state's attorney, treasurer, and auditor of the county in which the land is situated, and shall be filed with the application for the patent. In case of the death of the original purchaser or assignee, a patent may not be issued until a court of competent jurisdiction has ascertained and adjudged who is entitled to the patent and a certified copy of the decree or order of the court has been filed with the application for patent. The commissioner shall record the patent, deed, or contract in the county in which the land is located and charge the fee assessed by the county plus a transaction fee of ten dollars.
Source:
SL 1911, ch 224, §44; SL 1915, ch 273; RC 1919, §5668; SDC 1939, §15.0312; SL 1994, ch 47, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-33 - Issuance to bankrupt of patent to land set aside as homestead.

5-9-33. Issuance to bankrupt of patent to land set aside as homestead.
When, in the adjudication of an estate in bankruptcy proceedings, a portion of a legal subdivision has been decreed and set apart to the bankrupt as exempt under the homestead laws of the state, and a plat showing the exact boundaries of the tract so set apart has been filed in the office of the register of deeds of the county in which the lands are situated and a copy thereof has also been filed in the Office of the Commissioner of School and Public Lands, a patent may be issued for such tract to the bankrupt to whom such tract has been set apart.
Source:
SL 1911, ch 224, §44; SL 1915, ch 273; RC 1919, §5668; SDC 1939, §15.0312.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-34 - Sale for public purposes of tract not exceeding one hundred sixty acres.

5-9-34. Sale for public purposes of tract not exceeding one hundred sixty acres.
Whenever a civil, state, religious, or public organization makes an application for the purchase of any common school or endowment land to be used for public purposes, not exceeding one hundred sixty acres, and files a plat and a statement of the purpose for which the land is to be used in the Office of the Commissioner of School and Public Lands, the commissioner may appraise the tract in the manner provided by law for the appraisement of school and public lands.
Source:
SDC 1939, §15.0313; SL 1949, ch 49; SL 1959, ch 53; SL 1998, ch 32, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-35 - Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.

5-9-35. Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.
Upon the payment of the full amount of the appraised price of such tract, a conveyance may be executed by the Governor, attested by the commissioner of school and public lands, with the seal affixed, conditioned that should such lands cease to be used for two successive years for the purpose stated in the application, the title shall revert to the state.
Source:
SDC 1939, §15.0313; SL 1949, ch 49; SL 1959, ch 53; SL 1998, ch 32, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-36 - Sale of improvements on school and public lands authorized.

5-9-36. Sale of improvements on school and public lands authorized.
Whenever the right, title, and interest in improvements upon school and public lands shall have vested in the state, the commissioner of school and public lands is authorized, whenever in his judgment it shall be for the best interest of the state to sell and dispose of such improvements for cash at public auction to the highest bidder at the courthouse of the county in which the improvements are situated.
Source:
SL 1923, ch 255, §1; SDC 1939, §15.0326; SL 1939, ch 37.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-37 - Appraisal and minimum price of improvements offered for sale--Disapproval of sale.

5-9-37. Appraisal and minimum price of improvements offered for sale--Disapproval of sale.
When improvements are designated to be offered for sale, the commissioner of school and public lands shall make a list of such improvements and present such list to the Board of Appraisal provided for in §5-9-3, who shall make an itemized appraisement of the same. No improvements shall be sold for less than the appraised value. The commissioner may disapprove any sale if it is not to the best interest of the state.
Source:
SL 1923, ch 255, §2; SDC 1939, §15.0326; SL 1939, ch 37.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-38 - Publication of notice of sale of improvements--Private sales of small value.

5-9-38. Publication of notice of sale of improvements--Private sales of small value.
Notice of sale, stating the time, place, and terms of sale and description of the property to be sold shall be given by publishing the same for two successive weeks at least once each week, in a newspaper in the county in which such improvements are situated.
The commissioner of school and public lands, however, is authorized to sell any improvements upon school and public lands, the value of which in his opinion, does not exceed fifty dollars at private sale without publication notice for any amount not exceeding fifty dollars which he may consider a fair selling price.
Source:
SL 1923, ch 255, §2; SDC 1939, §15.0326; SL 1939, ch 37.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 09 - Sale Of School And Public Lands › Section 5-9-39 - Conservation easement for certain state land conveyed to another party.

5-9-39. Conservation easement for certain state land conveyed to another party.
If the federal government conveys the fee title of any land to the State of South Dakota and that land is under the management of the Office of School and Public Lands, the Office of School and Public Lands may reconvey the fee title to another party if the land is no longer used or needed by the state. However, the state may hold a perpetual conservation easement to protect the public interest in preserving the archaeological and paleontological aspects on the land when the fee title is conveyed to another party. The conveyance documents shall specify the conservation easement and the conservation easement shall be made in accordance with §§1-19B-56 to 1-19B-60, inclusive.
Source:
SL 2000, ch 28, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-1 - Assignment of receipts from leases, interest, and land sales to income and permanent funds.

5-10-1. Assignment of receipts from leases, interest, and land sales to income and permanent funds.
The income from the leased lands of each class of school and public lands and the interest on the permanent fund of that class shall be assigned by the state treasurer to a fund to be known as the interest and income fund of such class. However, the income from any commercial lease made by the commissioner of school and public lands pursuant to SL 2017, ch 51, §§1 to 3, inclusive, as amended by SL 2018, ch 111, §§1 to 3, inclusive, shall be continuously appropriated to the endowed institution for use in maintaining the property and supporting the operations of the endowed institution. The principal of money derived from the sale of each class of lands granted to the state for educational and charitable purposes shall be assigned by the state treasurer to a fund to be known as the permanent fund of such class.
Source:
SL 1911, ch 224, §39; RC 1919, §5663; SDC 1939, §15.0601; SL 1957, ch 45; SL 2018, ch 111, §9, eff. Feb. 8, 2018.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-1.1 - Board of Regents endowed institution interest and income fund created.

5-10-1.1. Board of Regents endowed institution interest and income fund created.
There is hereby created in the state treasury a fund called the Board of Regents endowed institution interest and income fund to be administered by the commissioner of school and public lands. Any investments of money in the fund shall be made by the State Investment Council. No allocations or expenditures may be made from the fund except as provided in §5-10-1.2. The fund shall be declared a participating fund and it shall be credited for all interest, dividends, and other income earned on fund balances, in accordance with the provisions of §5-10-18.3.
Source:
SL 1989, ch 50, §1; SL 1997, ch 37, §2; SL 2001, ch 26, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-1.2 - Endowed institution interest and income fund--Allocation.

5-10-1.2. Endowed institution interest and income fund--Allocation.
The commissioner of school and public lands shall deposit revenue collected for state endowed institutions under the control of the Board of Regents, pursuant to §5-10-1 and chapters 10-4 and 10-6, in the Board of Regents endowed institution interest and income fund, created by §5-10-1.1, and credit the appropriate institutional account within the fund. On a periodic basis, the commissioner shall allocate the money to the appropriate institutions.
The total allocation for an institution for a fiscal year is the lesser of that institution's revenue for the fiscal year plus the beginning cash balance of the institution's account or:
$ 236,041 for the University of South Dakota;
$ 548,451 for South Dakota State University;
$ 133,022 for South Dakota School of Mines and Technology;
$ 183,393 for Northern State University;
$ 173,360 for Dakota State University;
$ 173,360 for Black Hills State University;
$ 97,959 for South Dakota Services for the Deaf;
$ 94,712 for the School for the Blind and the Visually Impaired; and
$ 77,745 for the agricultural experiment station.
Revenue in excess of the allocation shall be credited to the corresponding institutional account. If the cash balance of any institutional account exceeds fifty percent of the maximum allocation for that institution at the end of the fiscal year, the commissioner shall allocate the portion over fifty percent to the institution in the next fiscal year in addition to the normal allocation.
Source: SL 1989, ch 50, §2; SL 1989, ch 170, §§1-3; SL 1990, ch 44; SL 1998, ch 110, §4; SL 1999, ch 25, §3; SL 2023, ch 62, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-3 - Accounts and records maintained by commissioner.

5-10-3. Accounts and records maintained by commissioner.
The commissioner of school and public lands shall keep an accurate account of all money due or to become due the state on account of sales and leases of school and public lands and the interest arising from the loaning of the permanent school fund.
Source:
SL 1911, ch 224, §§38, 61; RC 1919, §§5662, 5701; SDC 1939, §15.0601; SL 1957, ch 45; SL 1984, ch 34, §12.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-4 - Supervision by commissioner of collections, apportionment, and distribution of funds.

5-10-4. Supervision by commissioner of collections, apportionment, and distribution of funds.
The commissioner of school and public lands shall have supervision of the collection of all money due the state for the purposes aforesaid, and of the apportionment and distribution of such funds to the several counties and public institutions of the state.
Source:
SL 1911, ch 224, §62; RC 1919, §5702; SDC 1939, §15.0602.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-5 - Annual statement to counties of sale and lease payments coming due.

5-10-5. Annual statement to counties of sale and lease payments coming due.
The commissioner of school and public lands shall on or before the fifteenth day of December of each year furnish to the treasurer of each county a full statement of the principal and interest on sales and rental on term leases falling due in such county on the first day of January following.
Source:
SL 1911, ch 224, §63; RC 1919, §5703; SDC 1939, §15.0602; SL 1980, ch 46, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-6 - Apportionment among counties and institutions of income from school lands and funds.

5-10-6. Apportionment among counties and institutions of income from school lands and funds.
The commissioner of school and public lands, after any adjustments that have been made pursuant to §5-10-18.3, shall make a division and apportionment of all funds derived from the leasing of school and public lands, from interest, dividends, and other income on all invested funds derived from the sale of school and public lands, and from interest, dividends, and other income on invested funds derived from the five percent paid to the state by the United States on sales of public lands within the state, such apportionment to be made among the counties, and the educational, penal, and charitable institutions, as provided by law.
Source:
SDC 1939, §15.0108; SL 2001, ch 26, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-7 - County treasurer's receipts for payments by lessees and purchasers--Disposition of copies.

5-10-7. County treasurer's receipts for payments by lessees and purchasers--Disposition of copies.
The county treasurer shall, for all money paid to him by any lessee or purchaser, execute triplicate receipts, and shall deliver one receipt to the person paying the same, transmit one receipt and the accompanying payment to the commissioner of school and public lands, not later than the third business day, and file the other receipt in his office.
Source:
SL 1911, ch 224, §43; RC 1919, §5667; SDC 1939, §15.0601; SL 1957, ch 45; SL 1988, ch 49, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-16 - Delivery of payment by lessee or purchaser to state treasurer.

5-10-16. Delivery of payment by lessee or purchaser to state treasurer.
Upon receipt of payment by a lessee or purchaser, if remitted in the proper form and in the proper amount, the commissioner of school and public lands shall forthwith deliver the payment to the state treasurer with instructions as to the fund to be credited.
Source:
SL 1945, ch 66, §3; SDC Supp 1960, §15.0605-1; SL 1988, ch 49, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-17 - Credit to school and endowment fund.

5-10-17. Credit to school and endowment fund.
The state treasurer shall, upon receipt, credit such business receipts to the state school and endowment fund.
Source:
SL 1973, ch 37, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-18 - Investment of permanent school funds.

5-10-18. Investment of permanent school funds.
The moneys of the common school permanent fund and other educational funds shall be invested by the State Investment Council, in accordance with the provisions of §4-5-27.
Source:
SL 1951, ch 85; SL 1953, ch 47; SL 1955, ch 37; SL 1957, ch 46; SDC Supp 1960, §15.0609-1; SL 1969, ch 34; SL 1970, ch 36; SL 1970, ch 37; SL 1972, ch 29; SL 1983, ch 28, §4; SL 1992, ch 60, §2; SL 1997, ch 37, §3; SL 2001, ch 26, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-18.3 - Adjusting funds by rate of inflation--Procedure.

5-10-18.3. Adjusting funds by rate of inflation--Procedure.
In adjusting the principal of the common school permanent fund and other educational and charitable funds by the rate of inflation pursuant to Article VIII, Section 3 of the South Dakota Constitution, the State Investment Council shall proceed as follows:
(1)The inflation adjustment period is the fiscal year, beginning July first and ending June thirtieth. The first inflation adjustment period begins on November 15, 2000, and ends on June 30, 2001. The principal shall be credited each year for the inflation adjustment at the time of the common school apportionment beginning in 2002;
(2)The rate of inflation is based on the consumer price index prepared by the Bureau of Labor Statistics of the United States Department of Labor;
(3)The principal balance in each permanent school and other educational and charitable fund as of November 15, 2000, adjusted by amounts as provided by law, is the principal balance to be increased by the rate of inflation; and
(4)The inflation adjustment requirement shall be met using realized net capital gains. If these are not sufficient, the interest, dividends, and other income shall be used. Any excess realized net capital gains shall be carried forward for the following year's inflation adjustment.
Source:
SL 2001, ch 26, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-23 - Bidding and purchase by state at judgment sale of school and public lands.

5-10-23. Bidding and purchase by state at judgment sale of school and public lands.
Whenever any real property is sold to satisfy a judgment in favor of the state in any action relating to the school and public lands, it shall be the duty of the commissioner of school and public lands to represent the state as a bidder at such sale and, if he shall purchase such property, the certificate of sale and sheriff's deed, if one be issued, shall be made to the state.
Source:
SL 1911, ch 224, §83; RC 1919, §5713; SDC 1939, §15.0608.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-24 - Maximum price bid by state--Allowance for prior encumbrances.

5-10-24. Maximum price bid by state--Allowance for prior encumbrances.
The maximum price which the commissioner of school and public lands shall bid for any such property at any such sale shall be determined by an appraisement, to be made in the same manner that the school and public lands of the state are by law required to be appraised, but such price shall never exceed the amount of prior encumbrances, judgments, interest, and costs.
Source:
SL 1911, ch 224, §84; RC 1919, §5714; SDC 1939, §15.0608.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-25 - Disposition of proceeds of judgment.

5-10-25. Disposition of proceeds of judgment.
All money received as the proceeds of any such sales, or in satisfaction of any judgment obtained in favor of the state in any such action shall be paid to the state treasurer and by him be divided and apportioned according to law.
Source:
SL 1911, ch 224, §85; RC 1919, §5715; SDC 1939, §15.0608.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 10 - State School And Endowment Funds › Section 5-10-34 - Reporting status of common school interest and income fund and status of common school apportionment.

5-10-34. Reporting status of common school interest and income fund and status of common school apportionment.
The commissioner of school and public lands shall report the status of the common school interest and income fund to the superintendents of the common schools on a quarterly basis.
The commissioner of school and public lands shall report the status of the common school apportionment by October thirty-first to the Governor, the chairs of the house and senate appropriations committees and the secretary of the Department of Education.
Source:
SL 1990, ch 45; SL 2004, ch 17, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-1 - Certification by commissioner of school and endowment land lessees and acreage.

5-11-1. Certification by commissioner of school and endowment land lessees and acreage.
The commissioner of school and public lands shall on or before June first of each year certify to the auditor of each county where school and endowment land exists a list of all school and endowment lands in the county, and name and address of each lessee and the number of acres of school and endowment land under lease.
Source:
SL 1965, ch 256, §1; SL 1977, ch 47, §1; SL 1994, ch 48, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-1.1 - Forfeiture of lease for failure to pay tax--Collection procedures.

5-11-1.1. Forfeiture of lease for failure to pay tax--Collection procedures.
Any person who has leased school and endowment lands shall forfeit that lease if that person fails to pay the tax levied upon the leased lands by November first of the year in which it is due and payable. If the tax remains delinquent, each county may proceed with collection under procedures set forth in chapter 10-22 for the collection of mobile home taxes. On December first of each year the county treasurer shall certify to the commissioner of school and public lands any taxes on leased lands that have not been paid.
Source:
SL 1977, ch 47, §7; SL 1981, ch 35; SL 1992, ch 80, §221; SL 1994, ch 48, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-2 - Computation of value of school lands in county and addition to tax base--Restricted purpose of addition to tax base.

5-11-2. Computation of value of school lands in county and addition to tax base--Restricted purpose of addition to tax base.
The county auditor of each county having within its boundaries school and endowment lands shall ascertain the average assessed valuation per acre of all taxable agricultural lands within the county, after the assessment of such lands have been finally equalized by the boards of equalization and shall multiply such average assessed valuation by the number of acres of school and endowment lands and the resultant figure shall be added to the assessed valuation of such county to arrive at the rate of tax levy in mills for the county. Provided, however, that the amount ascertained by the county auditor as representing the value of school and endowment lands shall not be included or considered in determining the assessed value of any county or school district for any purpose whatsoever, except as herein expressly provided in establishing rates of levy.
Source:
SL 1965, ch 256, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-3 - Computation of value of school lands within school districts--Addition to tax base.

5-11-3. Computation of value of school lands within school districts--Addition to tax base.
The county auditor of each county shall ascertain the average assessed valuation per acre of all taxable agricultural lands within the several school districts of his county, within the boundaries of which are school and endowment lands after the assessments of such lands have been finally equalized, and shall multiply such average assessed valuation by the number of acres of school and endowment lands and the resultant figure shall be added to the assessed valuation of such district to arrive at the rate of levy in mills for each school district.
Source:
SL 1965, ch 256, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-6 - Distribution of payments in lieu of taxes.

5-11-6. Distribution of payments in lieu of taxes.
The county auditor shall distribute federal and state payments in lieu of tax proceeds in the same manner as taxes are distributed.
Source:
SL 1965, ch 256, §5; SL 1977, ch 47, §2; SL 1979, ch 33, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 11 - Payments In Lieu Of Taxes On State Lands › Section 5-11-8 - Payments in lieu of taxes on land held by state institutions.

5-11-8. Payments in lieu of taxes on land held by state institutions.
In addition to the payments heretofore provided for in this chapter the equivalent of taxes shall be determined and paid in like manner on all lands exclusive of the structure thereon located outside of the corporate limits of municipalities and owned by the State of South Dakota and under the supervision of the executive branch or the State Board of Regents.
Source:
SL 1965, ch 256, §7; SL 1989, ch 20, §59; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-1 - Authority created--Composition--Initial terms--Political affiliation--Chairman.

5-12-1. Authority created--Composition--Initial terms--Political affiliation--Chairman.
There is created the South Dakota Building Authority, a body corporate and politic, to consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: one member four years; two members three years; two members two years, and two members one year. Not all of the members shall be of the same political party. No person shall be appointed to the building authority who is an elected official of the State of South Dakota or any subdivision thereof. One of the members shall be designated by the Governor as chairman.
Source:
SL 1967, ch 276, §1; SL 1980, ch 21, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-1.1 - Authority continued within Bureau of Finance and Management--Records and reports.

5-12-1.1. Authority continued within Bureau of Finance and Management--Records and reports.
The South Dakota Building Authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.
Source:
SL 1973, ch 2, §16 (a).
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-1.2 - Meaning of United States Department of Agriculture Conservation Reserve Program.

5-12-1.2. Meaning of United States Department of Agriculture Conservation Reserve Program.
For the purposes of §§5-12-1.2, 5-12-7, 5-12-8, 5-12-8.1, 5-12-16, 5-12-19, 5-12-20, 5-12-22, 5-12-23, and 5-12-37, United States Department of Agriculture Conservation Reserve Program means Subtitle D of Title XII of the United States Food Security Act of 1985, as amended on January 25, 1988, and any rules promulgated thereunder.
Source:
SL 1988, ch 50, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-2 - Terms of members--Vacancies--Quorum.

5-12-2. Terms of members--Vacancies--Quorum.
All appointments to the South Dakota Building Authority shall be made for a four-year term. Each member's term of office shall expire on the appropriate third Monday in January, but he shall continue to hold office until his successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment for only the balance of the unexpired term. Four members of the authority shall constitute a quorum.
Source:
SL 1967, ch 276, §1; SL 1980, ch 21, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-3 - Oath and bond of members.

5-12-3. Oath and bond of members.
Each member shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and give bond in the penal sum of twenty-five thousand dollars conditioned upon the faithful performance of his duties. The oath and bond shall be filed in the Office of the Secretary of State.
Source:
SL 1967, ch 276, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-4 - Members receive no compensation--Reimbursement of expenses.

5-12-4. Members receive no compensation--Reimbursement of expenses.
No member of such Building Authority shall receive any compensation for services rendered under this chapter. However, members shall be reimbursed for necessary expenses incurred in connection with duties and powers prescribed by this chapter.
Source:
SL 1967, ch 276, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-7 - Purposes of authority.

5-12-7. Purposes of authority.
The purposes of this authority are:
(1)To build and otherwise provide hospital, housing, correctional facilities, administrative, classroom, dining halls, fieldhouses, parking facilities, union buildings, library, recreational, laboratory, office, and similar facilities for use by the State of South Dakota;
(2)To serve the Legislature by making reports concerning the providing of such facilities; and
(3)To make, and undertake commitments to make, loans to farmers or ranchers who are participants in the United States Department of Agriculture Conservation Reserve Program.
Source: SL 1967, ch 276, §2; SL 1988, ch 50, §2; SL 1988, ch 51, §1; SL 2023, ch 82, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-8 - Studies and investigations of land needs.

5-12-8. Studies and investigations of land needs.
The authority may make thorough and continuous studies and investigations of land located within the State of South Dakota that is highly-erodible cropland and which is subject to a contract with the United States secretary of agriculture pursuant to the United States Conservation Reserve Program.
Source:
SL 1967, ch 276, §3; SL 1988, ch 50, §3; SL 1988, ch 51, §2; SL 1994, ch 50, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-10 - Transfer of state property to authority.

5-12-10. Transfer of state property to authority.
Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property under its or his control to the Building Authority when such transfer is approved, in writing by the Governor as being advantageous to the state.
Source:
SL 1967, ch 276, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-11 - Power of authority to acquire property--Methods of acquisition.

5-12-11. Power of authority to acquire property--Methods of acquisition.
The Building Authority may acquire by purchase, condemnation (including the power of condemnation in accordance with chapter 21-35), gift or otherwise, construct, complete, remodel, maintain, and equip buildings and other facilities as the Legislature by law declares to be in the public interest. In the course of such activities, the authority may acquire property of any kind and description, whether real, personal or mixed, by gift, purchase or otherwise. It may also acquire real estate of the State of South Dakota controlled by any officer, department, board, commission, or other agency of the state, the jurisdiction of which is transferred by such officer, department, board, commission, or other agency, to the authority.
Source:
SL 1967, ch 276, §5; SL 1994, ch 50, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-11.1 - Standards and specifications to accommodate persons with disabilities.

5-12-11.1. Standards and specifications to accommodate persons with disabilities.
The standards and specifications set forth in §5-14-13 shall be adhered to by the Bureau of Administration during the construction phase and by the appropriate state agency thereafter in those buildings and facilities constructed by the South Dakota Building Authority or any subdivision thereof if the construction was commenced after January 26, 1992, and in all new construction thereafter.
Source:
SL 1972, ch 30; SL 1994, ch 50, §3; SL 1994, ch 52, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-12 - Plans and specifications for projects to be undertaken.

5-12-12. Plans and specifications for projects to be undertaken.
The Board of Regents and the Bureau of Administration on behalf of the executive branch or other agency of state government shall prepare plans and specifications for, and have supervision over, any project to be undertaken by the Building Authority for their use. The Building Authority may only execute those project contracts which are recommended by the Board of Regents, or the Bureau of Administration on behalf of the executive branch, or other agency of state government. Plans and specifications shall be approved by the lessee provided for under §5-12-13, except as indicated above.
Source:
SL 1967, ch 276, §5; SL 1989, ch 20, §60; SL 1994, ch 50, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-13 - Lease of facilities and sites to state agencies authorized--Commencement of payments under lease.

5-12-13. Lease of facilities and sites to state agencies authorized--Commencement of payments under lease.
The Building Authority may execute leases of facilities and sites to, and charge for the use of any such facilities and sites by the Board of Regents, any officer, department, board, commission, or other agency of the State of South Dakota, or the commissioner of administration if the commissioner is requested to, by and on behalf of, or for the use of, any officer, department, board, commission, or other agency of the State of South Dakota. The leases may be entered into contemporaneously with any financing to be done by the authority and payments under the terms of the lease shall begin at any time after execution of any such lease.
Source:
SL 1967, ch 276, §5; SL 1989, ch 20, §61; SL 1994, ch 50, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-14 - Terms, conditions, and rental under leases--Annual extension provision.

5-12-14. Terms, conditions, and rental under leases--Annual extension provision.
Leases may be
(1)Upon such terms, conditions, and rentals, subject to available appropriations, as in the judgment of the building authority are in the public interest, or
(2)For a term of one year from the time the building is completed and ready for occupancy, with an option in the lessee to extend the term of the lease for a term of one year from the expiration of the original term of the lease and for one year from the expiration of each extended term of the lease, until the original term of the lease has been extended for a total number of years to be agreed upon by the parties at a rental which, if paid for the original term and for each of the full number of years for which the term of the lease may be extended, will amortize the total cost of the erection of the building and appurtenances.
The rental shall be paid at such times as the parties to the lease agree upon.
Source:
SL 1967, ch 276, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-15 - Lessee's option to purchase--Conveyance on exercise of option.

5-12-15. Lessee's option to purchase--Conveyance on exercise of option.
The lease may provide that the lessee may, at the expiration of the original or any extended term, purchase the leased premises at a stated price, which shall be the balance of the total cost of the erection of the building and appurtenances not amortized by the payments of rents previously made by the lessee. The lease may provide that in the event of the exercise of the option to purchase the leased premises or in the event the lease has been extended for the full number of years which it is agreed the same may be extended, and all rents and payments provided for in the lease have been made, the lessor shall convey the premises to the lessee in fee simple with covenant of general warranty of title.
Source:
SL 1967, ch 276, §5; SL 1983, ch 32, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-16 - Taxes and insurance added to rental properties--Authorization to self-insure.

5-12-16. Taxes and insurance added to rental properties--Authorization to self-insure.
The lease may provide that the lessee shall, as additional rent for the leased premises, pay, or provide for the payment of, all taxes assessed against the leased premises if any, and the cost of insuring the building erected thereon against loss or damage by fire and windstorm in such sum as may be agreed by the parties thereto. Any lessee of a facility constructed, owned or leased by the authority is hereby authorized to self-insure the facility.
Source:
SL 1967, ch 276, §5; SL 1986, ch 50, §1; SL 1988, ch 50, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-17 - Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable.

5-12-17. Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable.
The Building Authority may, in the event of nonpayment of rents reserved in such leases, maintain and operate such facilities and sites or execute leases thereof to others for any suitable purposes. Such leases to the officers, departments, boards, commissions, other agencies, or the Board of Regents of the State of South Dakota shall contain the provision that rents under said leases shall be payable solely from appropriations to be made by the Legislature for the payment of such rent and any revenues derived by the authority from the operation of the leased premises; and, in the case of the Board of Regents, may contain an additional provision that rents under said leases may be payable from the educational facilities fund established by §13-51-2.
Source:
SL 1967, ch 276, §5; SL 1975, ch 51, §1; SL 1989, ch 20, §62.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-18 - Costs and reserves to be covered by rent and charges.

5-12-18. Costs and reserves to be covered by rent and charges.
The charges, fees, or rentals established by the Building Authority for the use of any facilities acquired, constructed, completed, remodeled, or equipped in whole or in part with the proceeds of the bonds issued as provided in this chapter shall be sufficient at all times to pay maintenance and operation costs for such facilities (unless under a lease maintenance and operation costs are otherwise provided for), principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance.
Source:
SL 1967, ch 276, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-19 - Tax exemption of property owned or leased by authority--Exception.

5-12-19. Tax exemption of property owned or leased by authority--Exception.
Except as hereinafter provided, all land, improvements, and capital equipment owned by the Building Authority, or being leased or acquired by the authority pursuant to a lease having a fixed term plus renewal options exceeding three years, or a lease-purchase or installment purchase contract, shall constitute a separate class of property which is exempt from taxation. Land owned by the authority, or being leased or acquired by the authority, to accomplish projects of the kind listed in §5-12-8 is not exempt from taxation.
Source:
SL 1967, ch 276, §14; SL 1983, ch 32, §5; SL 1988, ch 50, §5.