South Dakota Codified Laws
Chapter 01 - State Sovereignty And Jurisdiction
Section 1-1-28 - Exception to application of provisions of § 1-1-27.

1-1-28. Exception to application of provisions of §1-1-27.
The provisions of §1-1-27 do not apply:
(1)If the transfer is the result of an eminent domain proceeding; or
(2)If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent domain proceeding would be justified; or
(3)If the transfer involves less than forty acres of unimproved land or less than five hundred thousand dollars worth of improved real estate; or
(4)If the transfer involves the trade of tracts of land of substantially equal value between the state government or any of its entities and the federal government or any of its entities.

Source: SL 2004, ch 4, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 01 - State Sovereignty And Jurisdiction

Section 1-1-1 - Territorial extent of sovereignty and jurisdiction--Cessions to United States.

Section 1-1-1.1 - Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents.

Section 1-1-2.1 - Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.

Section 1-1-2.2 - Vesting and duration of concurrent jurisdiction.

Section 1-1-2.3 - Acceptance of retrocession of exclusive federal jurisdiction.

Section 1-1-2.4 - Memoranda of agreement.

Section 1-1-2.5 - Concurrent federal jurisdiction--Federal Prison Camp.

Section 1-1-3 - Consent to land acquisition by United States--Acreage limit.

Section 1-1-4 - Jurisdiction of federally acquired land--Tax exemption.

Section 1-1-5 - Service of process on federally acquired land.

Section 1-1-7 - Appraisal and sale of county land to United States for conservation purposes.

Section 1-1-8 - Legislative power over federally acquired lands.

Section 1-1-9 - Map of federal acquisitions to be filed--Recording of evidence of title.

Section 1-1-10 - Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.

Section 1-1-12 - Indian country--Assumption of jurisdiction.

Section 1-1-13 - Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.

Section 1-1-14 - Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.

Section 1-1-15 - Prosecution of criminal offenses on Indian lands.

Section 1-1-17 - Highways in Indian lands--Acceptance of jurisdiction.

Section 1-1-18 - Indian country--Assumption of jurisdiction.

Section 1-1-19 - Negotiation and acceptance of federal reimbursement of costs of jurisdiction.

Section 1-1-20 - Provisional repeal of prior assumption of jurisdiction of Indian lands.

Section 1-1-21 - Governor's proclamation required for assumption of jurisdiction.

Section 1-1-22 - Law defined.

Section 1-1-23 - Expressions of sovereign will.

Section 1-1-24 - Common law and law merchant applied--Evidence of common law.

Section 1-1-25 - When order or judgment of tribal court may be recognized in state courts.

Section 1-1-26 - Acceptance by state agencies or higher education facilities of matricula consular card as identification.

Section 1-1-27 - Legislature to authorize state or state agency transfer of title of real property to the federal government.

Section 1-1-28 - Exception to application of provisions of § 1-1-27.