47-9A-22. Recording of order--Divestiture within prescribed period--Covenant running with land--Public sale of lands not divested.
The attorney general shall file any order under §47-9A-21 for record with the register of deeds of each county in which any portion of said lands are located. Thereafter, the corporation owning such land shall have a period of five years from the date of such order to divest itself of such lands. The aforementioned five-year limitation period shall be deemed a covenant running with the title to the land against any corporate grantee or assignee or the successor of such corporation. Any lands not so divested within the time prescribed shall be sold at public sale in the manner prescribed by order of the court.
Source: SL 1974, ch 294, §8.
Structure South Dakota Codified Laws
Chapter 09A - Corporate Farming Restrictions
Section 47-9A-1 - Agriculture prohibited as corporate or limited liability company purpose.
Section 47-9A-1.1 - Certain breeding stock, products, and facilities exempt.
Section 47-9A-2 - Definition of terms.
Section 47-9A-3 - Corporate farming and acquisition of interest in farm real estate prohibited.
Section 47-9A-3.1 - Certain greenhouse operations exempt.
Section 47-9A-3.2 - Facilities for feeding poultry or producing meat or eggs exempt.
Section 47-9A-3.3 - Dairy on agricultural lands exempt.
Section 47-9A-5 - Certain limited liability entities exempt from restrictions.
Section 47-9A-6 - Encumbrance taken for security exempt.
Section 47-9A-8 - Agricultural land--Gift--Restrictions--Applicability.
Section 47-9A-10 - Raising breeding stock for resale exempt--Nurseries and seed farms.
Section 47-9A-11 - Livestock feeding exempt.
Section 47-9A-12.1 - Cement Plant Commission property used for nonfarming purposes.
Section 47-9A-13 - Family farm and authorized farm corporations exempt.
Section 47-9A-13.2 - Pork production subject to same provisions as other operations.
Section 47-9A-14 - Family farm corporation defined.
Section 47-9A-15 - Qualifications of authorized small farm corporation.
Section 47-9A-16 - Report required of corporation engaged in farming--Contents.
Section 47-9A-18 - Farming prohibited without certification by secretary of state.
Section 47-9A-20 - Corporation failing to file or filing false report--Civil fine.
Section 47-9A-21 - Attorney general to prosecute violations--Order of court declaring violation.