5-9-1. Selection of school and endowment lands to be sold–Amount sold each year. The commissioner of school and public lands may select not more than fifty thousand acres from the school and endowment lands of the state, to be offered for sale in each fiscal year. However, in counties in which unsold school land amounts […]
5-9-10. Terms of installment sale–Interest–Prepayment option. The purchaser of common school lands and other lands donated for educational and charitable purposes, except those sold for cash, shall pay at least thirty percent of the purchase price in cash and the remaining seventy percent of the purchase price shall be paid in equal installments of three […]
5-9-11. Notice to lessee of sale. Fifteen days before the date of sale of any land, the commissioner of school and public lands shall give notice by registered or certified mail, addressed to the record lessee at his record address, of the day, hour, and place of the sale. Source: SDC 1939, §15.0306 as added […]
5-9-12. Successful bidder’s deposit with commissioner. If a bid is accepted the purchaser shall at once deposit with the commissioner at least thirty percent of the purchase price, or if the land is sold for cash, the purchaser shall deposit the full amount of the price bid. Source: SL 1911, ch 224, §36; SL 1917, […]
5-9-13. Time of vesting of right or title after sale. No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have received the approval of the Governor. Source: SL 1911, ch 224, §36; SL 1917, ch 337; RC 1919, §5660; […]
5-9-14. Report of cash sale to Governor–Preparation and delivery of patent–Recordation–Fee. If a tract has been sold for cash, the commissioner of school and public lands shall report such sale to the Governor. If the Governor approves the sale, the commissioner shall prepare a patent for the tract according to a form which the commissioner […]
5-9-15. Report of installment sale to Governor–Preparation, filing and delivery of contract–Copy of abstract to county auditor. The commissioner of school and public lands shall, on receipt of a report that a tract has been sold, if the land is to be paid for in installments, cause to be prepared a contract of sale for […]
5-9-16. Assignment or conveyance under installment contract–Approval required–Form–Filing fee. Any assignment of any rights under such contract, or conveyance of any interest in the lands therein described is ineffective until such assignment or conveyance is first approved, in writing, by the commissioner of school and public lands. The commissioner shall prescribe the form to be […]
5-9-17. Return of purchaser’s deposit on governor’s disapproval of sale. If the Governor disapproves of the sale of any tract, the commissioner of school and public lands shall return in full to the purchaser, the sum deposited for the tract. Source: SL 1911, ch 224, §37; RC 1919, §5661; SDC 1939, §15.0308; SL 1949, ch […]
5-9-23. Forfeiture of installment contract for delinquency or violation–Retention of purchase money and improvements as liquidated damages–Immediate right to reentry and possession. The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the commissioner of school and public lands. Whenever the purchaser of any tract shall fail to […]
5-9-24. Procedure for forfeiture of installment contract–Service of notice. To effect such forfeiture the commissioner of school and public lands shall serve upon the purchaser or his legal representatives or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after the service of such […]
5-9-25. Recording of notice of default–Prima facie evidence. A copy of the notice with proof of service thereof and the affidavit of the commissioner of school and public lands showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie […]
5-9-26. Reinstatement of contract on compliance by purchaser with conditions of notice. If within the time mentioned in the notice, the person served complies with such conditions and pays the cost of service, the contract shall be thereby reinstated to the same effect as though no default had occurred, but otherwise shall terminate as provided […]
5-9-27. Action at law to set aside installment contract in default. In lieu of or in addition to the forfeiture by notice as hereinbefore provided in the discretion of the commissioner of school and public lands, such contract may be set aside by an action at law in the circuit court for the county in […]
5-9-28. Taxability of land sold–Notice to county auditor of disapproval of sale. Whenever the county auditor shall deliver to the commissioner of school and public lands the certified copy of the record of any land sales as provided in §5-9-9, the county auditor shall take notice of the same and such land shall thereupon become […]
5-9-29. Tax purchaser’s rights under installment contract–Payment of delinquent installments. The purchaser of any such land sold for delinquent taxes shall acquire only such rights and interests as belong to the party holding the contract of sale hereinbefore provided for, and the right to be substituted as the assignee thereof and upon exhibition to the […]
5-9-3. Board of Appraisal–Selection of tracts for sale–Subdivision of lands of special value. There is hereby created a Board of Appraisal consisting of the commissioner of school and public lands and the state auditor. Whenever the commissioner shall direct the selection of lands in any county to be offered for sale, the Board of Appraisal […]
5-9-30. Special contract of sale given to tax purchaser after issuance of tax deed. In case the holder of such contract of sale shall fail to redeem the land within the time allowed by law for the redemption of other lands sold for taxes, and also pay to the proper officer for the use of […]
5-9-31. Notice to original purchaser of tax purchaser’s intent to apply for special contract–Service of notice. Before the holder of a tax deed as above provided shall be entitled to a special contract of sale, notice shall be served upon the owner of record of the original contract of sale, and upon the person in […]
5-9-32. Issuance of patent to purchaser or assignee of land–Judicial determination in event of death–Recordation–Fee. When full payment has been made for any tract sold, a patent for the tract executed in the name of the state by the Governor, and attested by the commissioner of school and public lands, under the seal of office […]
