43-25-18.1. Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose.
Notwithstanding the provisions of §§43-25-18 and 43-30-12, whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, or public purpose, with a condition subsequent annexed in the instrument of conveyance that in event the lands shall, at any time, cease to be held or used for the purpose set forth in such conveyance, title shall revert to the grantor or devisor or the heirs, and it appears in the judgment of the officers, trustees, or governing body of the grantee named in such conveyance that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for the purpose mentioned in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor or devisor, as set forth in such conveyance, may be prevented or defeated thereby, the grantee may file an action in the circuit court of the county in which the lands are situated, setting forth a correct description of such lands and the terms and conditions under which the lands are to be held or used, together with a comprehensive statement of the changed conditions and circumstances which render it impossible or impractical to continue to hold or use the lands for the purpose stated in the conveyance.
Source: SL 2005, ch 232, §1.
Structure South Dakota Codified Laws
Chapter 25 - Deeds And Conveyances
Section 43-25-1 - Requisites for transfer of certain estates.
Section 43-25-2 - Conveyance of interest in property by owner out of possession.
Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.
Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.
Section 43-25-5 - Warranty deed--Standard form.
Section 43-25-6 - Implied covenants and warranties in deed.
Section 43-25-7 - Quitclaim deed--Standard form.
Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.
Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.
Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.
Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.
Section 43-25-13 - Lineal and collateral warranties abolished--Exception.
Section 43-25-15 - Presumption as to passing of fee simple title--Exception.
Section 43-25-17 - Subsequently acquired title passes by operation of law.
Section 43-25-18 - Grant made on condition subsequent defeated by nonperformance of condition.
Section 43-25-18.2 - Commencement and prosecution of action--Limitation.
Section 43-25-18.4 - Title in fee simple free of conditions to purchaser of land.
Section 43-25-18.5 - Court authorized to place conditions on sale proceeds.
Section 43-25-18.6 - Inapplicability of provisions to severed mineral interests.
Section 43-25-19 - Encumbrances defined.
Section 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.
Section 43-25-28 - Attornments of tenants unnecessary to grants of rents, reversions, or remainders.
Section 43-25-29 - Title passed by transfer of land bounded by highway.
Section 43-25-30 - Easements passed by transfer of real property to which they are attached.
Section 43-25-31 - Conveyances by owner for life or for years.
Section 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.
Section 43-25-36 - Rights of good faith purchaser or encumbrancer protected against fraud.