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Home » US Law » 2022 South Dakota Codified Laws » Title 40 - Animals and Livestock » Chapter 23 - Cooperative Grazing Districts

Section 40-23-1 – Definition and purposes of grazing district.

40-23-1. Definition and purposes of grazing district. A cooperative corporation organized for the purpose of aiding in the conservation of natural forage resources within a designated area to be jointly used by its members, and for aiding in the restoration and improvement of lands which may be acquired by lease or purchase from a political […]

Section 40-23-10 – Adoption of bylaws–Amendment.

40-23-10. Adoption of bylaws–Amendment. Each association incorporated under this chapter shall within thirty days after its incorporation, adopt, by majority vote of its members, for its government and management, a code of bylaws, not inconsistent with the powers granted under this chapter. Such bylaws may be altered or amended by any meeting of the members, […]

Section 40-23-11 – Contents of bylaws.

40-23-11. Contents of bylaws. Each association incorporated under this chapter may under its bylaws provide for any or all of the following: (1)The time, place, and manner of calling its meetings; (2)That in voting at meetings, no proxies shall be allowed; (3)The number of directors of the association, their tenure of office, and the time […]

Section 40-23-12 – Right to membership in district–Compliance with requirements.

40-23-12. Right to membership in district–Compliance with requirements. Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member upon payment of the membership fee, and complying […]

Section 40-23-13 – Voting by members.

40-23-13. Voting by members. Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed. Source: SDC 1939, §40.1804.

Section 40-23-14 – Membership rights on transfer of land.

40-23-14. Membership rights on transfer of land. When any member of a cooperative grazing district shall dispose of all or a part of the lands owned or leased by him so that another individual or other individuals shall by the purchase and ownership or lease of such lands acquire right to membership, then the rights […]

Section 40-23-16 – Directors’ power to lease land.

40-23-16. Directors’ power to lease land. The directors may enter into leases on behalf of the association with persons, corporations, limited liability companies, partnerships, or with the county or counties in which the district is located or with the state or the federal government for tracts of land within, contiguous to, or adjacent to such […]

Section 40-23-17 – Directors’ regulations–Manner of utilizing grazing.

40-23-17. Directors’ regulations–Manner of utilizing grazing. The directors shall have power to make regulations for the management and control of the affairs of the association and of the manner of utilization of grazing within their district not inconsistent with the terms, conditions, and limitations of leases of land contained therein. Source: SDC 1939, §40.1806 (2).

Section 40-23-19 – Fencing and assignment of exclusive use of areas.

40-23-19. Fencing and assignment of exclusive use of areas. Cooperative grazing associations may cross-fence any part or all of the area and assign to each member a unit so fenced for his exclusive use, provided he follows the conservation practices outlined in the bylaws. Source: SDC 1939, §40.1807.

Section 40-23-2 – Number of incorporators–Filing of articles.

40-23-2. Number of incorporators–Filing of articles. Whenever three or more qualified persons shall desire to incorporate a cooperative grazing district, having for its object the utilization, conservation, restoration, and improvement of forage resources on their land or upon lands to be acquired by such association by purchase or lease, they shall prepare and file articles […]

Section 40-23-20 – Grazing permits to nonmembers.

40-23-20. Grazing permits to nonmembers. The directors shall have power to grant to nonmembers grazing permits within such districts when the amount of forage within the district is greater than the need of the members, but no such permits shall be granted when such use shall be inconsistent with the terms of leases of county, […]

Section 40-23-21 – Fees and assessments determined by directors.

40-23-21. Fees and assessments determined by directors. The directors shall have power to determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights or to determine assessments on members on a per head grazing basis for the purchase of lands situated within, contiguous to, or adjacent to […]

Section 40-23-22 – Requirements as to male animals.

40-23-22. Requirements as to male animals. The directors shall have power to specify the breed, quality, and number of male breeding animals which each member must furnish when stock are grazed in a common pasture within the grazing district. The association may also prescribe the breed and quality of bulls that are to run in […]

Section 40-23-23 – Reserves established by directors.

40-23-23. Reserves established by directors. The directors shall have power to set up such reserves as in their judgment may be advisable, after all costs, expenses, rentals, and other legal charges against the association have been provided for. Source: SDC 1939, §40.1806 (8).

Section 40-23-24 – Purchase or lease of county lands.

40-23-24. Purchase or lease of county lands. Any incorporated grazing association may purchase or lease any and all lands owned by the county not already leased, and located within the proposed district. Source: SDC 1939, §40.1808.

Section 40-23-26 – Regulatory powers retained by county commissioners on leased land.

40-23-26. Regulatory powers retained by county commissioners on leased land. No lease shall be entered into pursuant to §40-23-24 until the board of county commissioners, in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate […]

Section 40-23-27 – Rentals for county lands–Variable scale.

40-23-27. Rentals for county lands–Variable scale. Rentals for county lands leased under §40-23-24 shall be payable annually. The county commissioners may provide for a variable scale of rental charges, based on market prices for livestock, or livestock products, or the number and character of stock, or the carrying capacity of the land, or on any […]