5-5-17. Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action.
Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent jurisdiction in the county in which the land is situated, for the recovery of such rental, damages, and costs occasioned by such failure, or to declare such lease forfeited and to proceed to offer such lands for lease.
In case the commissioner considers it to the interest of the state to commence suit against such lessee, it is hereby made the duty of the state's attorney of such county to commence and prosecute such suit whenever he is directed to do so by the commissioner. All money arising from such suit shall be paid into the county treasury of the proper county and be placed to the credit of the interest and income fund of the class to which such lands belong.
Source: SL 1917, ch 339, §13; RC 1919, §5645; SL 1921, ch 358; SDC 1939, §15.0410.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands
Section 5-5-1 - Definition of terms.
Section 5-5-2 - Definition of "agricultural purposes.".
Section 5-5-3 - Designation of lands to be leased--Establishment of regulations.
Section 5-5-4 - Leases to be at public auction after notice--Maximum tract.
Section 5-5-5 - Publication of notice of leasing auction.
Section 5-5-6 - Conduct, time, and place of leasing auction--Commissioner to conduct auction.
Section 5-5-6.1 - Minimum rental rate for agricultural lands.
Section 5-5-10.1 - Appraisal of grazing lands--Definition of terms.
Section 5-5-10.2 - Commissioner's duty concerning appraisals and records.
Section 5-5-10.3 - Factors considered in appraisals of grazing lands.
Section 5-5-10.4 - Minimum annual rental for grazing lands--Formula.
Section 5-5-16 - Rent payable annually in advance to commissioner.
Section 5-5-18 - Agricultural lessee to clear weeds and pests.
Section 5-5-19 - Waste and burning on leased lands prohibited--Action for forfeiture and damages.
Section 5-5-21 - Action to enforce prohibition against subletting--Disposition of proceeds.
Section 5-5-25 - Notice to lessee of expiration of lease--Rental rate for extension.
Section 5-5-30 - Application by owner of improvements for appraisal--Deposit for cost of appraisal.
Section 5-5-32 - Acceptance or rejection of appraisal.
Section 5-5-33 - Hunting in crops on school and public lands prohibited--Exception.