5-5-1. Definition of terms. Terms used in this chapter mean: (1)”Commissioner,” the commissioner of school and public lands; (2)”Lease,” the original lease or a certified copy thereof; (3)”Lessee,” the original lessee, or the assignee of such lease, provided the assignment has been made upon the reverse of the original copy of the lease, or a […]
5-5-10.1. Appraisal of grazing lands–Definition of terms. Terms used in §§5-5-10.2 to 5-5-10.4, inclusive, mean: (1)”Animal unit,” one cow and calf, one horse, five sheep, or five goats; (2)”Annual animal carrying capacity,” the number of acres needed for one animal unit to subsist on natural forage, on a given tract of land for one year; […]
5-5-10.2. Commissioner’s duty concerning appraisals and records. It shall be the duty of the commissioner of school and public lands, as rapidly as practicable, to cause the grazing lands administered by the state to be appraised as to their annual animal carrying capacity, and to make and preserve a record thereof in his office, and […]
5-5-10.3. Factors considered in appraisals of grazing lands. In appraising such grazing lands the following factors shall be taken into consideration: (1)Inventory of the forage resources: kind, amount, and location of vegetation; (2)Accessibility and usability of the forage resources as influenced by topography, availability of stock water and season of usability; (3)Condition of soils–the erosion […]
5-5-10.4. Minimum annual rental for grazing lands–Formula. The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the commissioner. The minimum annual rental rate per acre shall be at the rate at which bidding shall start. In fixing the minimum annual […]
5-5-11. Rent payable in advance–Maximum term of lease–Governor’s approval required–Lessee’s right to renewal. All rents, except rents from sharecropping which shall be paid after the crop has been harvested, shall be paid annually in advance. No term of lease may exceed five years, nor is any lease valid until it receives the approval of the […]
5-5-12. Short-term leases acceptable–Leasing without readvertisement–Entitlement to new five-year lease. The commissioner of school and public lands may accept a bid for a lease covering a period of one year or more, not exceeding five years, and in case no bids or proposals are made for any term, under the publication required in §5-5-5, or […]
5-5-13. Special four-year leases for approved land renovation practices–Cancellation–Entitlement to new five-year lease. The commissioner may lease agricultural and grazing lands for the period of up to four years for the purpose of approved land renovation practices such as summer-fallowing, mechanical or chemical control, ripping, furrowing, contouring, deferred grazing, wildlife production, or conservation plans as […]
5-5-14. Provisions for sale or exchange of land unimpaired–Cancellation of lease to permit sale or exchange. Nothing herein contained in any way prevents the sale or exchange of common school, indemnity, or endowment lands as provided in §§5-3-7 and 5-9-1 nor prevents the commissioner of school and public lands from incorporating, into each lease a […]
5-5-15. Deposit of first year’s rent by successful bidder–Approval, execution, and delivery of lease–Return of deposit if lease disapproved. If the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, the bidder shall at once deposit with the commissioner the amount specified as the annual rental for […]
5-5-16. Rent payable annually in advance to commissioner. Except as otherwise provided, the rent for all leased lands must be paid annually in advance and must be promptly paid when due, to the commissioner of school and public lands. Source: SL 1917, ch 339, §12; RC 1919, §5644; SL 1933, ch 172, §1; SDC 1939, […]
5-5-17. Action to recover delinquent rent or forfeit lease–Prosecution of action–Proceeds of action. Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent […]
5-5-18. Agricultural lessee to clear weeds and pests. Any person leasing school or endowment lands for agricultural purposes shall destroy all noxious weeds and pests on any lands so leased pursuant to chapter 38-22. Source: SL 1917, ch 339, §§14, 16; RC 1919, §§5646, 5648; SDC 1939, §15.0411; SL 1985, ch 37, §4.
5-5-19. Waste and burning on leased lands prohibited–Action for forfeiture and damages. No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the […]
5-5-2. Definition of “agricultural purposes.”. Whenever the term “agricultural purposes” is used in this chapter, it means for the purpose of tilling, planting, and producing crops, but does not include grazing land. Source: SL 1917, ch 339, §20; RC 1919, §5652; SDC 1939, §15.0401; SL 1985, ch 37, §2.
5-5-20. Assignment of lease–Approval required–Form–Filing–Fee–Subletting prohibited–Double damages for subletting. The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the […]
5-5-21. Action to enforce prohibition against subletting–Disposition of proceeds. Any action to enforce the provisions of §5-5-20 shall be prosecuted by the state’s attorney of the county, if the state’s attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The […]
5-5-22. Permit for improvements and conservation activities by lessee–Right of removal–State not liable for material or labor. In offering any land for leasing or at any time after the lease has been made, the commissioner of school and public lands may grant to any lessee of land under the provisions of this chapter a permit […]
5-5-23. State ownership of improvements not removed–Permit renewed by new lease by same lessee. If such improvements are not removed in the manner and within the time specified in §5-5-22 or within such further period as may be granted by the commissioner of school and public lands for good cause shown, or unless such improvements […]
5-5-24. Permit for fall tillage, weed control and planting in final year of lease–Valuation by board of appraisal. After the first day of September of the last year of such lease on land for agricultural purposes, the lessee may apply for and may receive a permit from the commissioner of school and public lands in […]
