reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-37 - Final adoption of schedule--Filing requirements--Scope of coverage.

7-25A-37. Final adoption of schedule--Filing requirements--Scope of coverage.
After the hearing, the schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of the rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.
Source:
SL 1989, ch 59, §37.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-38 - Requirements for charges--Uniformity--Production of minimum revenues.

7-25A-38. Requirements for charges--Uniformity--Production of minimum revenues.
The rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated:
(1)To provide for all expenses of operation and maintenance of such facility or service;
(2)To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and
(3)To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter.
Source:
SL 1989, ch 59, §38.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-39 - Recovery of charges or penalties upon default.

7-25A-39. Recovery of charges or penalties upon default.
If any rates, fees, rentals, charges, or delinquent penalties have not been paid when due and have been in default for sixty days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action.
Source:
SL 1989, ch 59, §39.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-40 - Board's authority to make contracts.

7-25A-40. Board's authority to make contracts.
The board may enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district.
Source:
SL 1989, ch 59, §40.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-41 - Petition for termination or contraction of districts--Contents.

7-25A-41. Petition for termination or contraction of districts--Contents.
A petition for the expansion, termination, or contraction of an improvement district shall be filed with the county auditor of each county in which the district is located. The petition shall contain:
(1)A copy of the order establishing the district;
(2)A written consent to the expansion, termination, or contraction of the district by the owner or owners of seventy-five percent of the real property in the district which consent has been given within the last one hundred eighty days. The written consent shall contain the legal description of the property and the name of any owner of the property affected;
(3)A statement explaining the reasons for the proposed expansion, termination, or contraction of the district;
(4)For a proposed termination or contraction of the district, a statement that all debts will be paid or assumed;
(5)In the case of a petition for the expansion of an improvement district, the written consent by the owners of one hundred percent of the real property to be newly included in the district as a result of the expansion, consenting to the expansion of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district as a result of the expansion. Such written consent shall be given within the last one hundred eighty days, and such written consent or other documentation shall contain the legal description of the property and the name of the owners of the property;
(6)A copy of a resolution adopted by the board of supervisors approving the proposed petition;
(7)An accurate survey and map of the territory to be embraced in the boundaries of the district, as contracted or expanded, and the area thereof, which shall be verified by an affidavit of a licensed surveyor. The survey and map shall be left at a convenient public office to be designated by the county auditor of the county in which the petition is filled, for a period of not less than twenty days before the date of the hearing on the petition;
(8)In the case of expansion, the proposed timetable for construction of district services to the expanded area, and the estimated cost of constructing the services; and
(9)In the case of an expansion, an economic impact statement of the district upon the county, an environmental impact survey, and a statement that the expansion of the district is consistent with any applicable comprehensive or effective local government plan.
Source:
SL 1989, ch 59, §41; SL 1990, ch 52, §7; SL 1991, ch 64, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-42 - Commission's authority to order termination or contraction.

7-25A-42. Commission's authority to order termination or contraction.
The county commission of the county in which the majority of land in the area in which the district is located, upon petition, may order the expansion, termination, or contraction of an improvement district as provided by this chapter.
Source:
SL 1989, ch 59, §42; SL 1990, ch 52, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-43 - Hearing upon petition to terminate--Notice.

7-25A-43. Hearing upon petition to terminate--Notice.
Upon the filing of the petition, the county commission shall schedule a hearing to hear objections to the petition and shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the district is located. The second notice may not be published more than thirty days nor less than ten days before the hearing.
Source:
SL 1989, ch 59, §43.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-44 - Factors for consideration by commission.

7-25A-44. Factors for consideration by commission.
The county commission after conducting a hearing pursuant to this chapter, shall consider the following:
(1)Whether all statements contained within the petition have been found to be true and correct;
(2)Whether all the debts will be paid or assumed prior to termination;
(3)Whether fifty percent of the owners have consented to the termination or contraction;
(4)Whether, in the sound discretion of the county commissioners, there is good cause for termination or contraction of the district;
(5)Whether, in a proposed expansion, the expansion of the district is consistent with any applicable comprehensive plan or effective local government plan;
(6)Whether, in a proposed expansion, the affected area is sufficiently contiguous to the existing district to be developable with the existing district as one functional interrelated community; and
(7)Whether, in a proposed expansion, the probable beneficial impact of the expansion of the district outweighs any probable adverse socioeconomic impact of the proposed expansion of the district.
Source:
SL 1989, ch 59, §44; SL 1990, ch 52, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-45 - Order for termination or contraction--Requirements.

7-25A-45. Order for termination or contraction--Requirements.
Upon conclusion of the hearing, if the county commission determines all requirements of §7-25A-44 have been satisfied, the commission may enter an order granting the expansion, termination, or contraction of the district and setting forth its findings and conclusions.
Source:
SL 1989, ch 59, §45; SL 1990, ch 52, §10.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-46 - Filing of order.

7-25A-46. Filing of order.
A certified copy of the order granting the petition for the expansion, termination, or contraction of a district shall be filed with the auditor and register of deeds of each county in which the district was located or will be located as a result of an expansion.
Source:
SL 1989, ch 59, §46; SL 1990, ch 52, §11; SL 1991, ch 64, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 26 - Monuments, Museums And Historic Sites › Section 7-26-1 - County monument to veterans--Maintenance and repair.

7-26-1. County monument to veterans--Maintenance and repair.
The board of county commissioners may erect in a suitable place a monument suitable to honor and perpetuate the memory of all American veterans from the county. The board shall provide continued maintenance and repair of the monument.
Source:
SL 1907, ch 232, §1; RC 1919, §5844; SDC 1939, §12.2306; SL 1980, ch 58, §2; SL 1985, ch 77, §9; SL 2011, ch 40, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 26 - Monuments, Museums And Historic Sites › Section 7-26-3 - Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers.

7-26-3. Acquisition of historic sites and objects of historic interest--Preservation and display--Historic site markers.
The board of county commissioners may, in its discretion, acquire without cost to the county historic sites located in said county and objects of historic interest including newspapers, magazines, and writings of historical interest of any sort or type whatsoever, and may provide in the county courthouse or elsewhere in the said county a room or rooms for the preservation, display, and maintenance of such objects and writings. They may cause to be erected within the said county suitable markers for any such historic site.
Source:
SL 1953, ch 26; SL 1957, ch 28; SL 1959, ch 33; SDC Supp 1960, §12.2310.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 26 - Monuments, Museums And Historic Sites › Section 7-26-5 - Construction, improvement, and operation of historical museums.

7-26-5. Construction, improvement, and operation of historical museums.
The board of county commissioners may provide for the acquisition of sites, purchase, erection, renovation, improvement, remodeling, alteration, operation, addition to, and repairing of county historical museums, or a historical museum owned by an incorporated nonprofit historical association or society, or a historical museum owned by the state located within such county.
Source:
SL 1966, ch 28; SL 1967, ch 21; SL 1970, ch 51; SL 1985, ch 77, §10.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 26 - Monuments, Museums And Historic Sites › Section 7-26-6 - Cemeteries subject to county maintenance.

7-26-6. Cemeteries subject to county maintenance.
For the purposes of §7-26-7 the term "abandoned cemetery" means a cemetery, in which no burial of a human body has taken place for five years and which has not been, for a period of five or more years, maintained by any person, church, religious or benevolent society, or any civic organization.
Source:
SL 1973, ch 45, §1; SL 1981, ch 57, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 26 - Monuments, Museums And Historic Sites › Section 7-26-7 - Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations.

7-26-7. Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations.
The board of county commissioners may regulate and maintain abandoned rural cemeteries. The regulation and maintenance shall include, but is not limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The board of county commissioners may appoint a cemetery board of directors to manage abandoned cemeteries or may assign management as well as funding responsibilities to any interested organization or individual. The board shall have the same powers as nonprofit corporations as provided in §47-22-55 and shall submit annual reports to the board of county commissioners on its activities. Funds necessary to carry out the provisions of this section may be appropriated from the county general fund.
Source:
SL 1973, ch 45, §2; SL 1981, ch 57, §2; SL 1991, ch 65.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-1 - Construction and maintenance of exhibition buildings--Acquisition of property--Tax levy.

7-27-1. Construction and maintenance of exhibition buildings--Acquisition of property--Tax levy.
The county commissioners may erect, maintain, repair, remodel, and otherwise improve upon any ground owned or acquired by purchase, including by contract for deed or lease with purchase option, lease, gift, bequest, or otherwise, any building to be used for the exhibition of stock, farm produce, school work, and domestic arts, or for the sale of livestock, or for farmers' or other meetings or any other purpose which in the discretion of the county commissioners is to the benefit of the best interests of the county. The board may purchase, including by contract for deed or lease with purchase option, lease, or otherwise acquire by gift, bequest, or otherwise, any other real property in the county with or without buildings thereon, or lease space in any building within the county, for any of the above specified purposes. The county commissioners may levy a tax for any of the purposes not to exceed thirty cents per thousand dollars of taxable valuation of taxable property in the county. The levy authorized by this section is in addition to the levy authorized in §10-12-21.
Source:
SL 1921, ch 169; SDC 1939, §12.2305; SL 1951, ch 30; SL 1963, ch 50; SL 1973, ch 47, §1; SL 1975, ch 81, §1; SL 1985, ch 15, §25; SL 1985, ch 77, §11; SL 1990, ch 55.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-1.1 - Municipal annexation of fair land--Continued jurisdiction of county commissioners.

7-27-1.1. Municipal annexation of fair land--Continued jurisdiction of county commissioners.
If the land upon which any fair established pursuant to the provisions of this chapter is annexed by a municipality, the board of county commissioners shall continue to regulate maintenance, construction, and supervision of the fairgrounds.
Source:
SL 1976, ch 99, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-3 - Conduct of county fair by commissioners--Delegation of powers--Purposes of fair.

7-27-3. Conduct of county fair by commissioners--Delegation of powers--Purposes of fair.
It shall be lawful for the county commissioners in their discretion to purchase, including by contract for deed or lease with purchase option, or lease or acquire by gift, bequest, or otherwise, land in such county and to erect or lease and maintain, repair, remodel, and otherwise improve at any time suitable buildings thereon for county fair purposes and to conduct a county fair thereon, employing a secretary or manager therefor, and to do any and all things in the premises which are ordinarily done by the manager conducting county agricultural and industrial fairs, or to delegate any and all such powers for the conduct of such fair to a county fair board or nonprofit operating corporation as provided by §§7-27-10 and 7-27-11, including the right to charge for entrance thereto and to offer premiums for exhibits thereat. In the discretion of the county commissioners county fair purposes may include buildings, equipment, and other facilities for 4-H achievements days or any other 4-H activity, and any funds provided by this chapter may be allocated and used for such expenditures.
Source:
SL 1915, ch 125, §1; RC 1919, §5808; SL 1919, ch 144; SL 1929, ch 96, §1; SL 1937, ch 84, §1; SDC 1939, §12.2601; SL 1941, ch 34; SL 1951, ch 31, §1; SL 1953, ch 27; SDC Supp 1960, §12.2601 (1); SL 1975, ch 81, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-6 - Lease of fair grounds--Maximum term--Purchase options--Sale or gift.

7-27-6. Lease of fair grounds--Maximum term--Purchase options--Sale or gift.
If land or buildings leased by a county or by the county fair board or nonprofit operating corporation for fair grounds is owned by any other public corporation or subdivision, a lease thereof may be made for any period not to exceed ninety-nine years and all public corporations or subdivisions are hereby authorized to make such lease contracts, and to include purchase options therein, or to sell under contract for deed or otherwise or to make a gift of such property to any of the foregoing entities as in the discretion of the governing bodies might best serve the public interest.
Source:
SL 1937, ch 84, §1; SDC 1939, §12.2601; SL 1941, ch 34; SL 1951, ch 31, §1; SDC Supp 1960, §12.2601 (5); SL 1975, ch 81, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-10 - County fair board--Appointment, organization, and duties of board and officers.

7-27-10. County fair board--Appointment, organization, and duties of board and officers.
The county commissioners may, in lieu of appointing a secretary or manager, appoint a county fair board which shall conduct and have full management and control of the county fair. The board of county commissioners shall determine the number and tenure of the members of the board and shall determine the duties of the board. After the appointment of the members of the said board, the members shall organize by selecting one of its members as chairman, another member as secretary and another member as treasurer, provided the same member may be both secretary and treasurer. The treasurer must be bonded. The county fair board shall have authority to do all things necessary to conduct the county fair.
Source:
SDC 1939, §12.2601 (2) as added by SL 1951, ch 31, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-11 - Working agreement with nonprofit operating corporation.

7-27-11. Working agreement with nonprofit operating corporation.
In lieu of appointing a secretary or manager, or a county fair board, the county commissioners may enter into a lease or working agreement with a nonprofit operating corporation which shall conduct and have full management and control of the county fair and which is hereby empowered to exercise all rights and privileges and granted all immunities with regard to such conduct, management and control as are granted boards of county commissioners by this chapter and code, except to the extent expressly limited by any such lease or working agreement. One member of the board of county commissioners shall be appointed by it to serve as ex officio member of the board of directors of the nonprofit operating corporation.
Source:
SDC 1939, §12.2601 (2) as added by SL 1951, ch 31, §1; SL 1975, ch 81, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-11.1 - Organization and incorporation of nonprofit fair corporations.

7-27-11.1. Organization and incorporation of nonprofit fair corporations.
For purposes of this chapter, nonprofit fair corporations may be organized and incorporated as in the case of other nonprofit corporations, as provided by this code in chapters 47-22 to 47-28, inclusive, for the operation, conduct, management, and control of county fairs and exhibitions.
Source:
CCivC 1877, §565; SL 1879, ch 8, §1; CL 1887, §3165; RCivC 1903, §810; SL 1907, ch 107, §2; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §§7943, 7945; SDC 1939, §§53.0402, 53.0404, 53.0405; SDCL, §§42-3-1 to 42-3-3; SL 1975, ch 81, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-12 - Lease of fair grounds and buildings--Purposes for which authorized.

7-27-12. Lease of fair grounds and buildings--Purposes for which authorized.
The county commissioners, county fair board or nonprofit operating corporation may lease the fair grounds and fair buildings or any part thereof to any person, persons, limited liability company, corporation, association, or organization in their discretion, either for the purpose of having such person, persons, limited liability company, corporation, association, or organization take charge of and operate all or any part of the county fair or for organization meetings, entertainment, livestock shows, horse, or any other types of races and for any and all other purposes in their discretion which serve and benefit the public.
Source:
SDC 1939, §12.2601 (7) as added by SL 1941, ch 34; SL 1951, ch 31, §1; SL 1975, ch 81, §7; SL 1994, ch 351, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-12.1 - Corporate county fair prohibited during state fair.

7-27-12.1. Corporate county fair prohibited during state fair.
No fair shall be held by a fair corporation receiving aid from any county under the provisions of this chapter during the week of the state fair.
Source:
SL 1907, ch 107, §1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §7947; SDC 1939, §53.0407; SDCL, §42-3-9; SL 1975, ch 81, §12.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-14 - County fair receipts paid into general fund--Expenses paid from general fund.

7-27-14. County fair receipts paid into general fund--Expenses paid from general fund.
All amounts collected as entrance money, admission fees, concessions, rentals, or otherwise, pertaining to such county fair shall be paid into the general fund of the county, and all expenses, costs, premiums, and purses incurred and paid on account of such county fair shall be paid out of such general fund.
Source:
SL 1915, ch 125, §2; RC 1919, §5809; SDC 1939, §12.2602; SL 1951, ch 31, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-15 - Collection of receipts by fair board or corporation--Expenditure of funds--Annual report of receipts and expenditures.

7-27-15. Collection of receipts by fair board or corporation--Expenditure of funds--Annual report of receipts and expenditures.
In counties having a county fair board, or a lease-working agreement with a nonprofit corporation, such fair board or nonprofit corporation may be authorized to collect all of the above-mentioned receipts, pay all expenses, costs, premiums, and purses, and after the payment of said items, the net receipts shall be kept and maintained by said corporation as trust funds and expended only for the future development of the county fairgrounds and the purpose of the county fair, and related purposes. The county fair board or operating corporation must file with the county auditor an annual report of all receipts and expenditures not later than December thirty-first of each year.
Source:
SDC 1939, §12.2602 as added by SL 1951, ch 31, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-16 - County fair associations and nonprofit corporations--Joint fair with adjacent counties--Filing of articles and list of officers.

7-27-16. County fair associations and nonprofit corporations--Joint fair with adjacent counties--Filing of articles and list of officers.
Associations or nonprofit operating corporations may be formed to serve on behalf of any county or two or more counties jointly for the purpose of holding and conducting annual fairs or exhibitions to promote and encourage agriculture, horticulture, stock-raising, and general domestic industries and for the purpose of disseminating information with respect to agriculture, horticulture, stock-raising, and general domestic industries or any one of them. Any nonprofit operating corporation having a lease or working agreement with any county as provided by §7-27-11 may contract with additional counties, so long as all such counties are adjacent to each other and form a compact area, for purposes of conducting a joint fair.
The secretary of such association or nonprofit operating corporation shall file a copy of its articles of association or incorporation, as the case may be, with the county auditors of the counties joined in such enterprise and shall annually file a list of officers for that year and a report of all receipts and expenditures not later than December thirty-first of each year with the said county auditors of each such county. One member of the board of county commissioners of each joining county shall be appointed to serve ex officio on the board of directors of the association or corporation, as the case may be.
Source:
SL 1927, ch 81, §§1, 3; SDC 1939, §12.2603; SL 1975, ch 81, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-17 - County appropriations for aid of fair association or corporation.

7-27-17. County appropriations for aid of fair association or corporation.
It shall be lawful for the boards of county commissioners of the counties embraced within the territory covered by the articles of the fair association or corporation operating under the provisions of this chapter, to appropriate for the aid of such association or nonprofit operating corporation and for such association or corporation to receive, for the purpose of paying premiums or otherwise assisting in the promotion of such fairs or exhibitions, such aid as in the discretion of the county commissioners is just and necessary.
Source:
SL 1907, ch 107, §1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §7946; SL 1919, ch 202; SL 1927, ch 81, §§2, 4; SL 1931, ch 109; SDC 1939, §§12.2603, 53.0406; SDCL, §42-3-7; SL 1975, ch 81, §10.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-17.1 - Time of payment of aid to fair associations and corporations.

7-27-17.1. Time of payment of aid to fair associations and corporations.
The county financial aid provided for in this chapter for fair associations and corporations shall be paid at the time or times determined by the county commission in its discretion.
Source:
SL 1907, ch 107, §1; SL 1909, ch 49; SL 1911, ch 102; SL 1913, ch 142; RC 1919, §7947; SDC 1939, §53.0407; SDCL, §42-3-11; SL 1975, ch 81, §13.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 27 - County Fairs And Exhibitions › Section 7-27-20 - Confidentiality of contract terms and negotiations.

7-27-20. Confidentiality of contract terms and negotiations.
The terms of any contract and the negotiations for any contract between a board of commissioners, county fair board, fair association, or nonprofit operating corporation and any performers or entertainers at a fair or exhibition may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.
Source:
SL 1993, ch 16, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-14 - Proceedings to recover possession or purchase money for county land sold.

7-29-14. Proceedings to recover possession or purchase money for county land sold.
In all cases where lands have been granted to any county for public purposes and any part thereof has been sold and the purchase money or any part thereof shall be due and unpaid, all proceedings necessary to recover possession of such lands or to enforce the payment of the purchase money, including the procedure set forth in §§7-31-25 to 7-31-30, inclusive, shall be instituted in the name of the proper county.
Source:
SL 1874-5, ch 27, §28; PolC 1877, ch 21, §13; CL 1887, §572; RPolC 1903, §795; RC 1919, §5791; SL 1935, ch 79; SDC 1939, §12.1801; SL 1974, ch 68, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-15 - Exchange of isolated tracts with state or United States--Advertising and appraisement not required.

7-29-15. Exchange of isolated tracts with state or United States--Advertising and appraisement not required.
A board of county commissioners may, with the approval of the appropriate department of the State of South Dakota or the federal government, exchange scattered and isolated tracts and sections of land belonging to such county for lands belonging to the State of South Dakota or to the United States Government, value for value, and may execute proper conveyances thereof in manner and in form as provided by existing laws but without the necessity of complying with any statute requiring advertising, notice or appraisement and may accept in return therefor a proper instrument of conveyance to the county of the lands for which such lands are exchanged.
Source:
SL 1939, ch 23; SL 1941, ch 35; SDC Supp 1960, §12.1808; SL 1981, ch 44, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-16 - Exchange of national forest lands with United States--Notice.

7-29-16. Exchange of national forest lands with United States--Notice.
The various counties of this state are hereby empowered to take advantage of the act of Congress of March 20, 1922, (42 U.S. Stat., 465) and acts amendatory thereto, relating to the consolidation of national forests, and for that purpose the board of county commissioners of any county shall have authority to sell or otherwise dispose of lands acquired by such county through tax sale proceedings located within the boundaries of any forest or within five miles of the boundaries of any national forest which are chiefly valuable for national forest purposes, to the United States Government, at private sale at such price and upon such terms and conditions as the said board of county commissioners may deem advisable and to the best interests of the county. Before any such sale or transfer is effected, notice of such contemplated sale or transfer shall be given as required by the said acts of Congress and such notice shall be in lieu of any notice required by the laws of this state relating to the sale of such lands.
Source:
SL 1931, ch 112; SDC 1939, §57.1126.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-17 - Reservation of mineral rights in national forest exchanges.

7-29-17. Reservation of mineral rights in national forest exchanges.
All mineral rights to such lands sold and conveyed to the United States Government pursuant to §7-29-16 shall be reserved to the county, and such deeds of conveyances shall provide therein that any and all mineral rights in and to said lands are expressly reserved to the county.
Source:
SL 1931, ch 112; SDC 1939, §57.1126.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-18 - Donation of land and rights of way to United States for waterworks.

7-29-18. Donation of land and rights of way to United States for waterworks.
Whenever the board of county commissioners determines that it is in the public interest, and, in particular, to the interest of the county, said board is hereby authorized to donate by quitclaim deed to the United States of America the vested and after-acquired title to any lands now, or hereafter, belonging to such county, whether such lands be acquired by grant, donation, tax-title proceedings, or otherwise, for sites for dams, reservoirs, and power plants; and said board is further authorized to donate to the United States, over and upon any such acquired lands, easements and rights of way for canals, laterals, tunnels, roads, campsites, and telephone and transmission lines necessary to the construction and operation of any irrigation works or power plants constructed by or under the authority of the United States, and all conveyances by the county of such lands shall be made subject to the grant of such easements and rights of way. All conveyances shall be executed in the name of the county by the chairman of the board of county commissioners and attested by the county auditor.
Source:
SL 1941, ch 39, §1; SDC Supp 1960, §12.0617-1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-19 - County acquisition of land for donation to United States.

7-29-19. County acquisition of land for donation to United States.
The board of county commissioners is hereby granted the power to appropriate moneys out of the general funds of the county for the purpose of acquiring lands, easements, rights of way, and any other interests in lands to be donated to the United States as provided in §7-29-18, and to exercise the right of eminent domain to acquire such lands, easements, rights-of-way, and other interests in said lands.
Source:
SL 1941, ch 39, §2; SDC Supp 1960, §12.0617-1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-20 - Acquisition of land and exchange with municipality.

7-29-20. Acquisition of land and exchange with municipality.
Any county of this state is hereby authorized and empowered to purchase property, with money from its general fund or otherwise, and thereafter to transfer and convey such property so purchased to any municipal corporation within or partly within the boundary of such county in exchange for property owned by such municipality, provided the property so transferred and conveyed to the county is for a public use and purpose. Said transfers of property shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
Source:
SL 1959, ch 37; SDC Supp 1960, §12.2223.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-21 - Validation of prior conveyances of county land--Right barred by no action.

7-29-21. Validation of prior conveyances of county land--Right barred by no action.
All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings or in satisfaction of school fund mortgages or by compromise with insolvent banks or through foreclosure or settlement of "building fund" mortgages or by exchange or transfer of title of county-owned lands for other lands, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title and interest of said county in and to such real property.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property 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 situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source:
SL 1968, ch 278, §1; SL 1992, ch 307, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-22 - Validation of prior conveyances subject to vested rights of which notice given.

7-29-22. Validation of prior conveyances subject to vested rights of which notice given.
All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized, and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title, and interest of said county in and to such real property.
If any person has any vested right in any real property so conveyed, 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 situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1945, ch 43, §1; SL 1947, ch 45, §1; SL 1949, ch 27, §1; SL 1951, ch 36; SL 1953, ch 33; SDC Supp 1960, §65.0325; SL 1963, ch 461; SL 1970, ch 53; SL 1992, ch 307, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-23 - Sale or lease of real property for industrial development or public purposes--Terms of lease.

7-29-23. Sale or lease of real property for industrial development or public purposes--Terms of lease.
Every county shall have power to lease or sell on a negotiated basis and to convey any of its real property to a municipality or the state or another county, or to a nonprofit local industrial development corporation as defined by §7-29-24 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in §9-54-1. Such lease or sale shall be authorized on the terms and in the manner provided by resolution of the county commissioners.
Source:
SL 1976, ch 63, §1; SL 1977, ch 48, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-24 - Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.

7-29-24. Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
''Local industrial development corporation," as that term is used in §7-29-23, is an enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. Such corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than twenty-five members. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute not less than seventy-five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty-five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under §7-29-23. The primary objective of the local industrial development corporation shall be to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.
Source:
SL 1976, ch 63, §2; SL 1996, ch 40, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-25 - Donation of land to state or first or second class municipality for parks or recreation area.

7-29-25. Donation of land to state or first or second class municipality for parks or recreation area.
By unanimous vote of its members, a board of county commissioners may give, upon such terms and conditions as may be agreed to, any of its lands suitable for parks or recreation areas to the State of South Dakota or to first and second class municipalities in the manner provided by chapter 9-38 or chapter 41-2 for use as state parks, recreation areas, or city parks.
Source:
SL 1989, ch 30, §17; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-26 - Donation of property to nonprofit corporations.

7-29-26. Donation of property to nonprofit corporations.
By unanimous vote of its members, a board of county commissioners may give, lease or convey, upon such terms and on such conditions as the board shall set forth, personal and real property to corporations organized under chapter 47-22, if the property is to be used exclusively by such corporation for one or more of the purposes specified in §47-22-4.
Source:
SL 1989, ch 30, §19.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 29 - Sale And Exchange Of County Real Estate In General › Section 7-29-27 - Lease or conveyance of real property to provide health care.

7-29-27. Lease or conveyance of real property to provide health care.
By majority vote of its members, a board of county commissioners may lease or convey, upon such conditions as the board shall set forth, real property for the purpose of providing health care.
Source:
SL 1989, ch 30, §21.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-1 - Real estate subject to lease--Place of offering at public auction--Annual leasing date.

7-30-1. Real estate subject to lease--Place of offering at public auction--Annual leasing date.
All real estate belonging to any county in this state, and not required for immediate public use, may be leased as hereinafter provided. Such real estate, except such as is located within the area of a cooperative grazing association and leased to such association, shall be offered for lease at public auction at the courthouse of the county within which such real estate is situated. If there be no courthouse, then at the building in which the office of the county auditor is located. The annual leasing date of such property shall be fixed by the board of county commissioners each year and advertised accordingly.
Source:
SL 1937, ch 86, §1; SDC 1939, §12.2212.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-2 - Publication of notice of leasing.

7-30-2. Publication of notice of leasing.
A notice of such leasing shall be published in the official newspapers of the county once during each of the two calendar weeks preceding the auction, stating the time and place at which the leasing of such lands will begin.
Source:
SL 1937, ch 86, §3; SDC 1939, §12.2213.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-3 - Conduct of auction--Continuation--Adjournment.

7-30-3. Conduct of auction--Continuation--Adjournment.
The county auditor shall attend to the publishing of such notice and shall conduct the auction. The auction shall continue from day to day until all tracts of land for lease shall have been offered. The county auditor may for good cause adjourn the auction for a period of not more than three days.
Source:
SL 1937, ch 86, §4; SDC 1939, §12.2214.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-4 - Lease to highest bidder--Minimum rental.

7-30-4. Lease to highest bidder--Minimum rental.
Each tract of land shall be leased to the highest bidder.
Before the auction date the board of county commissioners shall fix by resolution a minimum rental rate for each tract of land. No bid may be accepted which is less than the minimum rental rate.
Source:
SL 1937, ch 86, §4; SDC 1939, §12.2214; SL 2011, ch 41, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-5 - Payment of annual rental--Execution of lease.

7-30-5. Payment of annual rental--Execution of lease.
If the highest offer for any tract of land payable in cash is satisfactory, the bidder shall immediately pay to the county treasurer the amount specified as the annual rental for the tract. The treasurer shall give the bidder a receipt and shall keep a copy on file in the office. The county auditor shall prepare a lease for the tract in duplicate to be signed by the county auditor and the lessee. The county auditor shall give the lessee a copy and shall keep a copy on file in the office.
Source:
SL 1937, ch 86, §4; SDC 1939, §12.2214; SL 2016, ch 44, §70.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-6 - Form of lease--Entire quarter section leased where water right jeopardized.

7-30-6. Form of lease--Entire quarter section leased where water right jeopardized.
The form of the lease shall be such as may have been prescribed by the board of county commissioners, provided, whenever the leasing of a legal subdivision of less than one quarter section containing a water privilege or right shall jeopardize the leasing price of the remaining acreage of said quarter section, no lease of a legal subdivision shall be granted to the lessee unless the lessee shall lease the entire quarter section.
Source:
SL 1937, ch 86, §4; SDC 1939, §12.2214.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-7 - Lease on sharecrop basis--Lien on crop.

7-30-7. Lease on sharecrop basis--Lien on crop.
If any of the land offered for lease is land under cultivation, the commissioners may lease the same either for cash or upon part cash and part sharecrop basis or entirely upon a sharecrop basis according to the bid which in their discretion they may decide to be to the best interest of the taxing districts involved. In case of share rent or part share rent, the lease shall provide for a lien upon the crop and the same shall be filed for record notice of such lien.
Source:
SL 1937, ch 86, §2; SDC 1939, §12.2214.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 30 - Lease Of County Real Estate Held For Public Purposes › Section 7-30-8 - Terms and conditions of lease.

7-30-8. Terms and conditions of lease.
The lease authorized under the provisions of this chapter shall be on such terms and conditions as the board of county commissioners may determine to be most advantageous to such county, unless otherwise provided by statute.
Source:
SL 1937, ch 86, §5; SDC 1939, §12.2215; SL 1983, ch 49, §1.