reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-14 - Civil action to recover misappropriated funds disclosed by audit report.

4-11-14. Civil action to recover misappropriated funds disclosed by audit report.
If any report provided herein discloses malfeasance, misfeasance, or neglect of duty on the part of an employee or officer, upon receipt of a copy of such report it shall be the duty of the proper legal officer, and he is authorized and required to institute in the proper court, within sixty days from the receipt thereof, a civil action on behalf of the state or taxing district to which the right of action has accrued and promptly prosecute the same to final determination to recover any fees or public funds misappropriated, or to otherwise determine the rights of the parties in the premises. If the political subdivision has no legal officer assigned to it, it shall employ one at its expense, to act under the supervision of the attorney general.
Source:
SL 1943, ch 258, §9; SDC Supp 1960, §55.2909.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-15 - Notice to attorney general of civil actions--Compromise of actions.

4-11-15. Notice to attorney general of civil actions--Compromise of actions.
The attorney general shall be notified at the beginning of any action, and kept fully advised of the progress thereof, and it shall not be lawful for any board of county commissioners or board of other taxing district to make a settlement or compromise of any claim exceeding the sum of three hundred dollars, or of any civil action or controversy arising out of such malfeasance, misfeasance or neglect of duty so reported, nor for any court to enter any compromise or settlement of such civil action, without giving notice thereof to the attorney general and allowing him to be heard in the matter.
Source:
SL 1943, ch 258, §9; SDC Supp 1960, §55.2909.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-16 - Attorney general to oversee or institute civil actions--Criminal prosecutions not affected.

4-11-16. Attorney general to oversee or institute civil actions--Criminal prosecutions not affected.
It shall be the duty of the Governor and of the attorney general to see that the provisions of §§4-11-14 and 4-11-15 are faithfully complied with and upon refusal or neglect of the proper legal officer to institute a civil action as herein provided, the attorney general shall have the power to institute and prosecute such action to final determination at the expense of the subdivision or agency involved. Nothing contained in §§4-11-14 to 4-11-16, inclusive, shall in any manner bar or prejudice any criminal actions or prosecutions which may be applicable.
Source:
SL 1943, ch 258, §9; SDC Supp 1960, §55.2909.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-17 - Attorney general to assist and supervise prosecutions.

4-11-17. Attorney general to assist and supervise prosecutions.
It shall be the duty of the attorney general, when called upon by the auditor-general, to aid in any investigation or matter needing legal advice or inquiry, and to supervise the prosecution of all offenders under the laws relating thereto.
Source:
SL 1887, ch 124, §10; CL 1887, §126; RPolC 1903, §103; RC 1919, §5368; SDC 1939, §55.1504.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-18 - Costs of audits charged to state agencies and local bodies--Computation--Witness fees and expenses--Collection of claims.

4-11-18. Costs of audits charged to state agencies and local bodies--Computation--Witness fees and expenses--Collection of claims.
For each audit made of any agency of state government, except those agencies or that portion of an agency that is financed with state general fund appropriations, the audited agency shall pay for audit services computed by dividing the estimated total expenses of the department of legislative audit relating to state government audits for the current fiscal year by the estimated number of audit hours to be spent performing state government audits during the same year and the result multiplied by the number of hours spent on the particular audit. For audits of state agencies if more than one fund is involved, the auditor-general shall determine the method of allocating audit costs. For each audit made of any county, municipality, school district, special district, or other local government agency, the audited agency shall pay for audit services computed by dividing the estimated total expenses of the Department of Legislative Audit relating to local government audits for the current fiscal year by the estimated number of audit and travel hours to be spent performing local government audits during the same year and the result multiplied by the number of hours spent on the particular audit. In all cases where the auditor-general, assistant, or employee is subpoenaed as a witness for a county or other public corporation in the prosecution of its officers reported on by the department, the county, or such other public corporation shall pay all witness fees and all expenses of serving subpoenas and attachment for witness and all expenses for procuring testimony, including the necessary expenses of such witness. All claims for services and expense of the auditor-general or assistants against such county or other public corporation shall be prepared in favor of the state treasurer in payment thereof at the first regular or special meeting of the governing board after the audit is completed. Upon the neglect or refusal of the governing board to issue a warrant in payment of the claim as herein provided, interest at the Category A rate of interest as established in §54-3-16 shall be added for the time the same remains unpaid after the date of such meeting.
Source:
SL 1943, ch 258, §11; SDC Supp 1960, §55.2911; SL 1963, ch 312; SL 1966, ch 165, §11; SL 1968, ch 205, §3; SL 1969, ch 213; SL 1972, ch 27, §1; SL 1976, ch 54, §1; SL 1978, ch 40; SL 1983, ch 28, §3; SL 1984, ch 319, §4; SL 1991, ch 45.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-19 - Deposit and crediting of reimbursed amounts.

4-11-19. Deposit and crediting of reimbursed amounts.
All funds coming into the hands of the auditor-general or state treasurer for him shall be deposited with the state treasurer and placed in the state general fund.
Source:
SL 1943, ch 258, §12; SL 1955, ch 250; SDC Supp 1960, §55.2912; SL 1966, ch 165, §12; SL 1972, ch 27, §2.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-20 - Audit of vouchers, claims, and accounts of Department of Legislative Audit.

4-11-20. Audit of vouchers, claims, and accounts of Department of Legislative Audit.
All salary and expense vouchers of the Department of Legislative Audit shall be audited and passed upon by the state auditor, who shall have the same power respecting such vouchers and claims as is herein conferred upon the auditor-general as to all other state departments, agencies, commissions, and institutions. The state auditor is authorized to make an examination and audit of the Department of Legislative Audit accounts whenever he deems it necessary.
Source:
SL 1943, ch 258, §13; SDC Supp 1960, §55.2913.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 11 - Post-Audit Of Accounts › Section 4-11-21 - Confidential identity of person supplying information to department.

4-11-21. Confidential identity of person supplying information to department.
The identity of a person supplying information to the Department of Legislative Audit in conjunction with the performance of any audit authorized by this chapter may be kept confidential if requested by that person and such confidentiality is determined by the auditor general to be appropriate under the circumstances. After a determination of confidentiality has been made, the identity of the person supplying the information may not be disclosed except pursuant to written consent of that person or by court order. No person may use a subpoena, discovery, or other applicable statute to obtain the identity of the person. This section does not apply to requests from the attorney general or law enforcement officers of any municipality, county, state, or federal agency or department for such information.
Source:
SL 1994, ch 45.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-2 - Definition of terms.

5-1-2. Definition of terms.
Terms used in chapters 5-1 to 5-10, inclusive, unless the context otherwise plainly requires, mean:
(1)"Commissioner," the commissioner of school and public lands.
(2)"Geothermal resources," the use of the natural heat of the earth or the energy, in whatever form, below the surface of the earth for commercial or industrial heating or electrical generating purposes.
Source:
SL 1911, ch 224, §87; RC 1919, §5728; SDC 1939, §§15.0101, 15.0201; SL 1976, ch 20, §14; SL 1980, ch 40, §11.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-3 - Appointment of deputy commissioner--Oath of office--Powers.

5-1-3. Appointment of deputy commissioner--Oath of office--Powers.
The commissioner of school and public lands is authorized to appoint a deputy, for whose acts he shall be responsible. The appointment shall be in writing and revocable at the pleasure of the commissioner. Before entering upon the duties of his office, the deputy shall take and subscribe the constitutional official oath, such appointment and oath to be filed in the Office of the Secretary of State. In case of the absence or disability of the commissioner the deputy shall possess the powers and perform the duties of the commissioner.
Source:
SL 1911, ch 224, §3; RC 1919, §5630; SDC 1939, §15.0102.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-4 - Organization of commissioner's office--Employment of personnel.

5-1-4. Organization of commissioner's office--Employment of personnel.
The commissioner of school and public lands may divide the work of his office into such departments and employ such clerks and assistants as may be necessary to properly conduct the work of his office, for each of whose acts he shall be responsible.
Source:
SL 1911, ch 224, §4; RC 1919, §5631; SDC 1939, §15.0102.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-6 - Travel and expenses of departmental personnel.

5-1-6. Travel and expenses of departmental personnel.
The commissioner of school and public lands, the deputy commissioner, and all other clerks and other employees shall be allowed traveling and other expenses in accordance with chapter 3-9 necessary to the discharge of their respective duties in connection with the Department of School and Public Lands.
Source:
SL 1911, ch 224, §82; RC 1919, §5712; SDC 1939, §15.0103; SL 1976, ch 20, §1; SL 1980, ch 23, §18.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-7 - General powers of commissioner--Plats and records--Sales and leases--Contracts and patents--Seal of office.

5-1-7. General powers of commissioner--Plats and records--Sales and leases--Contracts and patents--Seal of office.
The commissioner of school and public lands shall have the direction, management, and control of all lands heretofore granted or which may hereafter be granted to this state by the United States, or otherwise acquired, and of all the plats and records pertaining to the title thereto and the disposition thereof. He shall conduct all sales and have general supervision of all leasing of school and public lands. He shall issue all contracts and patents, and may approve or disapprove any lease submitted to him by the county auditors of the several counties. He shall keep on file all contracts and leases, and shall keep a complete record of all patents to school and public lands, and of all bonds and mortgages for moneys obtained from the permanent funds of school or endowment lands. He shall keep a seal for the use of his office to be known and designated as "the seal of the commissioner of school and public lands."
Source:
SL 1911, ch 224, §1; RC 1919, §5628; SDC 1939, §15.0101.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-7.2 - Additional types of subsidiary leases--Commercial, forestry or military purposes--Rules.

5-1-7.2. Additional types of subsidiary leases--Commercial, forestry or military purposes--Rules.
In addition to agricultural and grazing leases pursuant to chapter 5-5, mineral leases pursuant to chapter 5-7, and wind and solar easements and leases pursuant to §5-4-5.2, the commissioner of school and public lands may, by rules promulgated pursuant to chapter 1-26, provide for the establishment of additional types of subsidiary leases on school and public lands. The additional leases may be for commercial or forestry purposes and shall be both economical and consistent with the stewardship of the school and public lands.
Leases may also be established to authorize the use of such lands for military purposes by state or federal military units.
Rules authorized by this section may provide for all necessary considerations, including the creation, marketing, administration, and termination of the leases.
Source:
SL 1992, ch 41; SL 2002, ch 29, §1; SL 2019, ch 45, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-9 - Records of subdivisions granted to state--Organization and contents.

5-1-9. Records of subdivisions granted to state--Organization and contents.
The commissioner of school and public lands shall cause to be prepared and kept in his office a record of each subdivision of lands granted to the state for all purposes. For the lands embraced within each grant for a distinct and specific purpose, separate books of record shall be provided. Such books shall contain a description of each subdivision, and in columns opposite such description there shall be recorded, as may be required, the appraised value of the tract, date of lease, name of lessee, term of lease, and amount of annual rental, date of sale, name of purchaser, price, amount paid in cash, amount unpaid and when due, amount of annual interest, date of patent, name of patentee, and such other information as may be necessary to make a full and complete abstract of the condition of such tract.
Source:
SL 1911, ch 224, §2; RC 1919, §5629; SDC 1939, §15.0104.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-10 - Public survey records maintained--Access of United States to records.

5-1-10. Public survey records maintained--Access of United States to records.
The state archivist shall receive and safely keep in his office as public records of this state all field notes, maps, plats of surveys, mineral survey notes, homestead survey notes, records, or other papers relating to the public survey of this state, whenever the same shall be turned over to the state in pursuance of law. The United States shall at all times have free access thereto for the purpose of taking abstracts therefrom and making copies thereof.
Source:
SL 1923, ch 260, §1; SDC 1939, §15.0104; SL 1985, ch 35, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-11 - Fees chargeable for copies and examinations of survey records--Disposition.

5-1-11. Fees chargeable for copies and examinations of survey records--Disposition.
The state archivist as custodian of the surveyor general's records and the commissioner of school and public lands may charge and receive the following fees:
(1)For copying field notes, fifty cents per page of legal size;
(2)For copying plats, three dollars;
(3)For copies of courses and distances on township map, printed form of thirty-six sections, three dollars;
(4)For examining field notes, maps, or other records, four dollars per hour;
(5)The minimum charge in all the above cases shall be four dollars;
(6)For certificate with seal, two dollars;
(7)For copies of leases, patents, or other instruments on file or of record, including certificate and seal, three dollars.
All fees collected pursuant to this section shall be deposited in the state general fund.
Source:
SL 1925, ch 269, §1; SDC 1939, §15.0105; SL 1955, ch 34; SL 1981, ch 33; SL 1984, ch 34, §1; SL 1985, ch 35, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-14 - Annual report to Governor--Contents.

5-1-14. Annual report to Governor--Contents.
The commissioner of school and public lands shall make a report to the Governor, showing the transactions of his office, the condition of the school and public lands, and the funds arising from the sale and leasing thereof, covering the year ended on the thirtieth day of the preceding June.
Source:
SL 1911, ch 224, §86; SL 1913, ch 291, §12; RC 1919, §5632; SDC 1939, §15.0106; SL 1980, ch 23, §13.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-15 - Permit required for paleontological excavation.

5-1-15. Permit required for paleontological excavation.
Before any person may survey or excavate for paleontological resources on any lands under the jurisdiction of the commissioner of school and public lands, the person shall obtain a permit from the commissioner.
Source:
SL 1996, ch 36, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-16 - Promulgation of rules governing issue of paleontological excavation.

5-1-16. Promulgation of rules governing issue of paleontological excavation.
The commissioner of school and public lands shall promulgate rules pursuant to chapter 1-26 governing the issuance of permits required in §5-1-15. The rules shall include:
(1)Minimum permittee qualifications;
(2)Duration of permit;
(3)For excavation permits, coordination with the lessee for entry to the property for the purposes of the permit;
(4)For excavation permits, research designs that provide for the recovery of the maximum amount of scientific, paleontological, and educational information, in addition to the physical recovery of specimens and the reporting of paleontological information meeting current standards of scientific rigor;
(5)The need, if any, to submit data obtained in the course of field investigations to the commissioner;
(6)Proof of consultation with a qualified paleontologist regarding curation of collections;
(7)Fees not to exceed twenty-five dollars for an exploration permit and two hundred fifty dollars for an excavation permit; and
(8)Permit application forms.
Source:
SL 1996, ch 36, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-17 - Permission required for removal of paleontological specimen.

5-1-17. Permission required for removal of paleontological specimen.
No person may remove from the state, any specimen from lands under the jurisdiction of the commissioner of school and public lands, without permission from the commissioner, after consultation with the lessee and any other agencies managing other interests in the land.
Source:
SL 1996, ch 36, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-18 - Paleontological collections as property of state.

5-1-18. Paleontological collections as property of state.
Any scientifically significant paleontological collections recovered from lands under the jurisdiction of the commissioner of school and public lands are the property of the state. The repository or curation facility for collections from such lands shall be designated by the commissioner in consultation with a qualified paleontologist.
Source:
SL 1996, ch 36, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-19 - Revocation or suspension of paleontological excavation license--Violation as misdemeanor.

5-1-19. Revocation or suspension of paleontological excavation license--Violation as misdemeanor.
The commissioner of school and public lands may revoke or suspend a permit if the permittee fails to conduct a survey or excavation pursuant to law, the rules promulgated by the commissioner, or permit provisions. Any person violating §§5-1-15 to 5-1-20, inclusive, or the rules promulgated by the commissioner is guilty of a Class 1 misdemeanor, and in addition, shall forfeit to the state any interest in all paleontological resources discovered by or through the person's efforts.
Source:
SL 1996, ch 36, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 01 - Department Of School And Public Lands › Section 5-1-20 - Discovery of paleontological resources to be reported to commissioner.

5-1-20. Discovery of paleontological resources to be reported to commissioner.
Any person who discovers any scientifically significant paleontological resources on lands under the jurisdiction of the commissioner of school and public lands shall promptly report the discovery to the commissioner. Nothing in this section may be construed to authorize any person to survey or excavate for paleontological resources other than as provided in §§5-1-15 to 5-1-20, inclusive.
Source:
SL 1996, ch 36, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-1 - Acquisition of options for additional lands for institutions.

5-2-1. Acquisition of options for additional lands for institutions.
If, in the judgment of the State Board of Regents or of a department head, it is deemed essential to the welfare of any state institution under their control to acquire additional lands for any such institution, the board or department head may, upon the written approval of the Governor, buy an optional right to purchase any such tract or tracts of lands. Every such option shall cover a period expiring not less than thirty days after adjournment of the next regular session of the Legislature.
Source:
SL 1919, ch 28, §1; SDC 1939, §55.0202; SL 1989, ch 20, §51.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-2.1 - Sale of realty by Board of Regents--Deposit, crediting, and investment of proceeds.

5-2-2.1. Sale of realty by Board of Regents--Deposit, crediting, and investment of proceeds.
The Board of Regents may sell extraneous real property subject to the provisions of the Constitution and approval of the Legislature.
The proceeds from a sale of institutional endowment lands shall be deposited as provided in chapter 5-3 and the proceeds of other extraneous real property, net of any costs associated with the sale of the land, including in the case of a sale comprising both endowment lands and other extraneous real property, costs allocable to the sale of endowment lands, shall be deposited with the state treasurer and credited to a fund specifically designated as the real property acquisition and capital improvement fund for each institution under the Board of Regents involved in such transaction. The proceeds shall be invested by the State Investment Council in accordance with chapter 4-5. Expenditures from the fund shall be approved by the Legislature.
Source:
SL 1976, ch 7, §1; SL 1982, ch 256, §3; SL 1989, ch 20, §52; SL 1989, ch 49, §1; SL 1990, ch 30, §18; SL 2011, ch 29, §6; SL 2011, ch 30, §5; SL 2018, ch 111, §7, eff. Feb. 8, 2018.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-2.2 - Minimum cash price--Method of sale--Time, notice, and conduct of auction--Conveyance.

5-2-2.2. Minimum cash price--Method of sale--Time, notice, and conduct of auction--Conveyance.
The sale of real property pursuant to §5-2-2.1 shall be made at not less than the full appraised value established by the commissioner of school and public lands, for cash at public auction or under the terms of an installment sale as provided pursuant to §5-9-10. The public auction shall be held not less than five days after the last of at least two publications of notice of the sale were published in at least three daily newspapers of the state, which publications of notice shall disclose all details relative to the sale. All such sales shall be conducted by the commissioner of school and public lands. Conveyance shall be made in the name of the State of South Dakota acting through the board or department involved in the transaction and executed in the manner provided by §5-2-11.
Source:
SL 1976, ch 7, §3; SL 1985, ch 36, §1; SL 1989, ch 20, §53.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-2.3 - Use of proceeds and interest from sale.

5-2-2.3. Use of proceeds and interest from sale.
Except for the proceeds from the sale of endowment lands, the net proceeds, and accumulated interest from sale of land under the Board of Regents pursuant to §5-2-2.1 shall be used by the Board of Regents for acquisition of real and personal property or capital improvements subject to the approval of the Legislature. For purposes of this section, the definition of capital improvement contained in §5-14-1 applies.
Source:
SL 1976, ch 7, §2; SL 1989, ch 20, §54; SL 1989, ch 49, §2; SL 1990, ch 30, §19; SL 2011, ch 29, §7; SL 2011, ch 30, §6; SL 2018, ch 111, §8, eff. Feb. 8, 2018.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-2.4 - Lease of land by executive branch--Period of lease--Renewal--Amount.

5-2-2.4. Lease of land by executive branch--Period of lease--Renewal--Amount.
The executive branch may lease land for a period not to exceed five years, subject to one renewal for an additional period not to exceed five years upon approval of the board or department involved in the lease. The lease shall be made for an amount established by appraisal by the commissioner of school and public lands.
Source:
SL 1976, ch 7, §4; SL 1989, ch 20, §55.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-3 - Exchange of state lands for federal lands in Indian reservations--Advertising and appraisement not required.

5-2-3. Exchange of state lands for federal lands in Indian reservations--Advertising and appraisement not required.
The State of South Dakota through its several departments, agencies, and institutions, and counties through their boards of county commissioners, may exchange with the approval of the appropriate department of the federal government tracts and sections of land belonging to the State of South Dakota for lands of like character in value belonging to the United States government on Indian reservations, and to execute proper conveyances thereof, in manner and form as provided by existing laws, but without the necessity of complying with any statute requiring advertising, notice, or appraisement, and to accept in return therefor a proper instrument of conveyance to the state of the lands for which such lands are exchanged.
Source:
SL 1937, ch 215, §2; SDC 1939, §55.0206; SL 1984, ch 35, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-4 - State ownership of lake and river beds declared--Riparian owners protected.

5-2-4. State ownership of lake and river beds declared--Riparian owners protected.
For the purposes of §§5-2-4 to 5-2-9, inclusive, the bed and channel of any lake or river in this state or bordering on this state to the middle of the main channel thereof, and all islands and sand bars lying therein shall be considered the property of the State of South Dakota unless this state or the United States has granted or conveyed an adverse legal or equitable interest therein. Nothing in said sections shall affect or impair the rights of riparian owners.
Source:
SL 1921, ch 357, §6; SDC 1939, §15.0325.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-5 - Contracts permitting taking of sand and gravel from state-owned lake and river beds--Exclusive privilege prohibited.

5-2-5. Contracts permitting taking of sand and gravel from state-owned lake and river beds--Exclusive privilege prohibited.
Whenever any person shall desire to take from within or beneath the bed of any navigable river or lake or any other river or lake which is the property of the State of South Dakota any sand, gravel, or other material, he shall first enter into a contract with the commissioner upon such terms and conditions, and upon such terms of payment to the State of South Dakota as the commissioner of school and public lands may determine. No contract shall be made giving any person any exclusive privilege hereunder.
Source:
SL 1921, ch 357, §2; SDC 1939, §15.0325.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-6 - Proceeds of sand and gravel contracts--Payment--Deposit.

5-2-6. Proceeds of sand and gravel contracts--Payment--Deposit.
All funds received by the state under contracts pursuant to §5-2-5, shall be paid to the state treasurer under such rules as the commissioner of school and public lands shall promulgate pursuant to chapter 1-26. The state treasurer shall deposit the funds into the school fund of the state.
Source:
SL 1921, ch 357, §5; SDC 1939, §15.0325; SL 1984, ch 34, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-7 - Rules and conditions governing sand and gravel contracts.

5-2-7. Rules and conditions governing sand and gravel contracts.
The commissioner of school and public lands is authorized and directed to make and publish all necessary and proper rules, terms, and conditions for the taking, purchasing, or selling of the materials and the products mentioned in §5-2-5, and to make such changes from time to time, upon proper notice, as the rights of the state and interest of the public may require.
Source:
SL 1921, ch 357, §3; SDC 1939, §15.0325.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-8 - Unauthorized taking of materials from lake or river beds as misdemeanor.

5-2-8. Unauthorized taking of materials from lake or river beds as misdemeanor.
It is a Class 2 misdemeanor for any person to take from within or beneath the bed of any navigable river or lake or any other river or lake which is the property of the State of South Dakota any sand, gravel, or other material except in the manner provided by law.
Source:
SL 1921, ch 357, §§1, 7; SDC 1939, §15.9902; SL 1955, ch 41, ch 17, §2; SL 1980, ch 24, §64.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-9 - Enforcement of state's right to materials from lake and river beds.

5-2-9. Enforcement of state's right to materials from lake and river beds.
It shall be the duty of the attorney general, or any state's attorney, on direction of the Governor, to commence any action necessary to protect the rights of the state under §§5-2-4 to 5-2-8, inclusive.
Source:
SL 1921, ch 357, §4; SDC 1939, §15.0325.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-10 - Public easements over state and county lands for conservation and parks--Grant of easements for electric, water, sewer, and fuel lines--Air rights.

5-2-10. Public easements over state and county lands for conservation and parks--Grant of easements for electric, water, sewer, and fuel lines--Air rights.
The State of South Dakota, through its several departments, agencies, and institutions, and counties through their boards of county commissioners, may grant perpetual easements on lands under their control, dedicating to the public permanent use of the same in the use of water conservation projects or public parks, and may grant easements on or over such lands to any person, association, or corporation, granting the right to erect and maintain poles and wires for the purpose of conducting or transmitting electricity for lighting, heating, and power purposes. The Board of Regents and the executive branch may also grant easements for water, sewer, and fuel lines on land, or air rights over land, at the institutions under their control, which shall be executed pursuant to §5-2-11.
Source:
SL 1937, ch 215, §1; SDC 1939, §55.0205; SL 1947, ch 239; SL 1961, ch 266; SL 1967, ch 246; SL 1978, ch 41; SL 1989, ch 20, §56; SL 1991, ch 47.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-11 - Application for conveyance or easement on state-owned lands--Approval by Governor--Recording--Disposition of payments.

5-2-11. Application for conveyance or easement on state-owned lands--Approval by Governor--Recording--Disposition of payments.
Upon application for conveyance of the title, or the granting of an easement of any kind over or across lands in which the title is in the State of South Dakota, the board, commission, or other agency of the State of South Dakota having the control of and administration of such lands shall forward to the commissioner of school and public lands a certified copy of a resolution of the agency requesting the conveyance, stating the consideration and citing the specific authority, if any, authorizing the conveyance. Whereupon, the commissioner shall draw easements or conveyances of the title and submit the same to the Governor for approval. If approved by the Governor, such instruments must be signed by the Governor and attested by the commissioner of school and public lands, who shall cause such conveyance to be recorded in the office of the register of deeds of the county in which said real estate is located. All payments for such land, or easements over or across such lands, must be paid to the state treasurer, who shall credit such payments to the general fund of the State of South Dakota, unless such funds are otherwise specifically dedicated by law.
Source: SL 1951, ch 86, §§3, 4; SDC Supp 1960, §55.0207; SL 2023, ch 3, §26.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-11.1 - Abandoned railroads on state property--Documentation by affidavit of commissioner.

5-2-11.1. Abandoned railroads on state property--Documentation by affidavit of commissioner.
In all cases in which an order, decree, or similar document entered by an authorized office or agency, providing for abandonment of any railroad, or portion thereof, has been recorded in the office of the register of deeds of any county through which such abandoned railroad, or portion thereof, extends, the commissioner of school and public lands shall prepare and execute an affidavit, or document certified as the official act of his office, as to each county through which such abandoned railroad, or portion thereof extends, in which the Department of School and Public Lands presently has, or previously had, since the establishment of such railroad, any right, title, or interest. The affidavit or other document shall describe each legal subdivision through which such railroad extends and the portion acquired for establishing the railroad.
Source:
SL 1976, ch 55, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-11.2 - Recording of affidavit.

5-2-11.2. Recording of affidavit.
The commissioner of school and public lands shall present the affidavit or other document pertaining to lands in the particular county to the register of deeds who shall record and index the same.
Source:
SL 1976, ch 55, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-11.3 - Previously recorded affidavits validated.

5-2-11.3. Previously recorded affidavits validated.
All recordations of affidavits or certified documents of the commissioner of school and public lands, as described in §5-2-11.1, prior to July 1, 1976, are hereby ratified and declared valid for all purposes.
Source:
SL 1976, ch 55, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-12 - Mineral reservation in leases and conveyances of state land.

5-2-12. Mineral reservation in leases and conveyances of state land.
All sales, leases, and conveyances of lands belonging to the State of South Dakota or to which it may now or hereafter be entitled, including all common school, public buildings, and endowment lands, shall be subject to and contain a reservation to the State of South Dakota of all deposits of coal, ores, metals, and other minerals, asphaltum, oil, gas, geothermal resources, and other like substance in such lands, together with the right to prospect for, mine, and remove the same upon rendering compensation to the owner or lessee for all damages that may be caused by such prospecting or removal. The reserved deposits shall be disposed of only in the manner expressly provided by law.
Source:
SL 1919, ch 308, §1; SDC 1939, §55.0203; SL 1980, ch 40, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-15 - Assignment to inferior lien holders of mortgages and sheriffs' certificates held by state--School fund mortgages.

5-2-15. Assignment to inferior lien holders of mortgages and sheriffs' certificates held by state--School fund mortgages.
All mortgages and sheriffs' certificates of sale in the name of the State of South Dakota shall be assignable to any person holding an inferior lien or having any other bona fide interest in the land covered by such mortgage or certificate whenever it shall appear to be to the best interest of the state to make such assignment and upon full payment of the principal and interest payable under such mortgages or certificates and the authority and power is hereby given to any board or commission having charge of any such liens to execute such assignments by and with the approval of the Governor endorsed thereon.
No such mortgage shall be assigned unless the conditions thereof have been broken. No school fund mortgage shall be assigned without approval of the board of county commissioners of the county wherein the real estate affected by such mortgage is situated.
Source:
SL 1925, ch 223, §1; SDC 1939, §55.0204.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-16 - Assignment by county commissioners of sheriffs' certificates in school loan mortgages.

5-2-16. Assignment by county commissioners of sheriffs' certificates in school loan mortgages.
Sheriffs' certificates of sale issued in foreclosures of school loan mortgages shall be assignable by the resolution of the board of county commissioners of the county wherein the real estate affected thereby is located, without the approval of the Governor or commissioner of school and public lands. Assignments of such sheriffs' certificates of sale shall be executed by the chairman of the board and attested by the county auditor.
Source:
SL 1925, ch 223, §2; SDC 1939, §55.0204.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-17 - Land sales within federal irrigation projects to conform to federal limitations.

5-2-17. Land sales within federal irrigation projects to conform to federal limitations.
No lands belonging to the state within areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted except upon the conditions prescribed in this section.
Source:
SL 1907, ch 180, §59; RC 1919, §8258; SDC 1939, §61.0148; SL 1955, ch 430, §1; SDC Supp 1960, §61.0134.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-18 - Relocation benefits and assistance in acquisition of property--Compliance with federal act.

5-2-18. Relocation benefits and assistance in acquisition of property--Compliance with federal act.
The State of South Dakota, its departments, agencies, instrumentalities, or any political subdivisions may provide relocation benefits and assistance to persons, businesses, and farm operations displaced as the result of the acquisition of land or rehabilitation or demolition of structures in connection with federally assisted projects to the same extent and for the same purposes as provided for in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646) as amended by Surface Transportation and Uniform Relocation Assistance Act of 1987 (P. L. 100-17), and may comply with all the acquisition policies contained in said federal act.
Source:
SL 1972, ch 136; SL 1988, ch 48, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-19 - Review process of property given to state.

5-2-19. Review process of property given to state.
Any real property given to the State of South Dakota shall undergo a review process. The Bureau of Finance and Management shall prepare a fiscal note showing the cost to state government of the gift. Any gift in which the cost to state government exceeds one thousand dollars in any one year requires legislative approval. The Bureau of Finance and Management shall annually report to the Legislature by the first day of the legislative session the gifts received by the state and their costs.
Source:
SL 1992, ch 12, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 02 - State-Owned Lands In General › Section 5-2-20 - Transfer of state's interest in Camp Lakodia to 4-H Foundation.

5-2-20. Transfer of state's interest in Camp Lakodia to 4-H Foundation.
The Governor shall execute a quitclaim deed and release of reversionary interest, which shall be attested by the commissioner of school and public lands, to transfer all the state's reversionary rights in the property, commonly known as Camp Lakodia, located at Lot Two (2) of Croisants Subdivision of Lot Four (4) of Section Fifteen (15), Township One Hundred Six (106), Range Fifty-three (53), West of the Fifth Principal Meridian, Lake County, South Dakota (Contains 15 acres, more or less) to the South Dakota 4-H Foundation, Inc.
Source:
SL 2002, ch 30, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-1 - Attorney general to examine titles and protect state's interest.

5-3-1. Attorney general to examine titles and protect state's interest.
It shall be the duty of the attorney general to make examination at each of the United States land offices of this state as to the condition of the titles to all school and public lands, and to take such steps before said land office of the United States and the Department of the Interior as may be necessary to protect the title of the state thereto and he may employ such clerical assistance as is requisite therefor.
Source:
SL 1890, ch 139, §1; RPolC 1903, §102; RC 1919, §5367; SDC 1939, §55.1503.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-2 - Acceptance of federal indemnity lands in lieu of statehood grants.

5-3-2. Acceptance of federal indemnity lands in lieu of statehood grants.
When lands granted to the state by act of Congress approved February 22, 1889, have been or shall be lost to the state by reason of being otherwise disposed of by the United States prior to survey, or when, prior to survey, any of such lands have been or shall be included in a reservation of the United States and thereby identification and vesting of such lands in the state may be indefinitely deferred, the state accepts the provisions of sections 2275 and 2276 of the Revised Statutes of the United States, as amended by act of Congress approved February 28, 1891, and the provisions of any and all acts of Congress enacted or to be enacted, whereby lands are granted to the state in lieu of lands which have been lost or have not vested as above described; and the state hereby accepts all of the rights and privileges granted to states and territories by such acts.
Source:
SL 1917, ch 336, §1; RC 1919, §5721; SDC 1939, §15.0202.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 03 - Selection, Exchange And Classification Of School And Public Lands › Section 5-3-3 - Selection of indemnity lands for land disposed of before statehood.

5-3-3. Selection of indemnity lands for land disposed of before statehood.
The commissioner of school and public lands is authorized and directed to ascertain and locate the general grants of land made by Congress to this state and when such commissioner shall find that sections sixteen and thirty-six or any part thereof, in any township of the state, were sold or otherwise disposed of by or under the authority of any act of Congress prior to the admission of the state into the union, then such commissioner shall, by and with the approval of the secretary of the interior or the secretary of agriculture, when necessary, select from the surveyed, unreserved, and unappropriated lands of the United States within the limits of this state, other land equivalent thereto in area and value, in legal subdivisions of not less than one-quarter section if possible, and as contiguous as may be to the section in lieu of which the same is taken.
Source:
SL 1917, ch 336, §3; RC 1919, §5722; SDC 1939, §15.0203.