S.D. Codified Laws § 43-2A-6
This is the official text of S.D. Codified Laws § 43-2A-6, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Violation--Forfeiture to state--Minority interest--Civil penalty--Enforcement--Impact on title--Fractional interest--Appraisal
Official statutory text
Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated.
Any agriculture land acquired by devise or descent, wherein a minority owner is in violation of this chapter, is subject to forfeiture of the violating minority owner’s interest share, plus an additional civil penalty in an amount equal to the fair market value of the violating minority owner's interest share.
The attorney general shall enforce the forfeiture or the termination of a lease or easement. A forfeiture or a termination of a lease or easement may not be adjudged unless the action to enforce is brought within three years after evidence of a violation of this chapter is referred to the attorney general, as provided for in § 43-2A-6.1 . No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or interested person.
Any fractional interest in any land forfeited to the state must first be made available to the other equitable owners of the land at fair market value. The attorney general may determine fair market value under this section by an appraisal or a value of two times the assessed taxable valuation of the land.
Source: SL 1979, ch 291, § 6; SL 2024, ch 176, § 6; SL 2026, ch 176, § 2.
Any agriculture land acquired by devise or descent, wherein a minority owner is in violation of this chapter, is subject to forfeiture of the violating minority owner’s interest share, plus an additional civil penalty in an amount equal to the fair market value of the violating minority owner's interest share.
The attorney general shall enforce the forfeiture or the termination of a lease or easement. A forfeiture or a termination of a lease or easement may not be adjudged unless the action to enforce is brought within three years after evidence of a violation of this chapter is referred to the attorney general, as provided for in § 43-2A-6.1 . No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or interested person.
Any fractional interest in any land forfeited to the state must first be made available to the other equitable owners of the land at fair market value. The attorney general may determine fair market value under this section by an appraisal or a value of two times the assessed taxable valuation of the land.
Source: SL 1979, ch 291, § 6; SL 2024, ch 176, § 6; SL 2026, ch 176, § 2.
Status: in_force · Read it on the official government site
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