5-3-4. Selection of indemnity lands for land settled before survey.
When the commissioner of school and public lands shall ascertain that sections sixteen and thirty-six or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, such commissioner is authorized, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture, when necessary, to select from the surveyed, unreserved, and unappropriated public lands of the United States within this state other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.
Source: SL 1917, ch 336, §4; RC 1919, §5723; SDC 1939, §15.0204.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 03 - Selection, Exchange And Classification Of School And Public Lands
Section 5-3-1 - Attorney general to examine titles and protect state's interest.
Section 5-3-2 - Acceptance of federal indemnity lands in lieu of statehood grants.
Section 5-3-3 - Selection of indemnity lands for land disposed of before statehood.
Section 5-3-4 - Selection of indemnity lands for land settled before survey.
Section 5-3-6 - Selection of indemnity lands for land in lake or navigable river.
Section 5-3-7 - Exchange of common school, indemnity, or endowment land--Conditional exchange.
Section 5-3-7.1 - Conservation easement for state land exchanged or sold.
Section 5-3-11 - Classification of school and endowment lands according to best use.
Section 5-3-12 - List for county auditor of unsold endowment lands in county.