South Dakota Codified Laws
Chapter 05 - Agricultural And Grazing Leases Of School And Public Lands
Section 5-5-19 - Waste and burning on leased lands prohibited--Action for forfeiture and damages.

5-5-19. Waste and burning on leased lands prohibited--Action for forfeiture and damages.
No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and shall render the lessee liable to the state for damages caused by such waste. Actions to enforce the provisions of this section shall be prosecuted by the state's attorney of such county, whenever he is directed so to do by the commissioner of school and public lands, in any court of competent jurisdiction of the county in which the land is situated.

Source: SL 1917, ch 339, §17; RC 1919, §5649; SDC 1939, §15.0413.

Structure South Dakota Codified Laws

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 5-5-8 - Division or joining of tracts not leased at auction--Continuation and adjournment of auction.

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 5-5-11 - Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal.

Section 5-5-12 - Short-term leases acceptable--Leasing without readvertisement--Entitlement to new five-year lease.

Section 5-5-13 - Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease.

Section 5-5-14 - Provisions for sale or exchange of land unimpaired--Cancellation of lease to permit sale or exchange.

Section 5-5-15 - Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved.

Section 5-5-16 - Rent payable annually in advance to commissioner.

Section 5-5-17 - Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action.

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 5-5-20 - Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.

Section 5-5-21 - Action to enforce prohibition against subletting--Disposition of proceeds.

Section 5-5-22 - Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.

Section 5-5-23 - State ownership of improvements not removed--Permit renewed by new lease by same lessee.

Section 5-5-24 - Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal.

Section 5-5-25 - Notice to lessee of expiration of lease--Rental rate for extension.

Section 5-5-27 - Extension or renewal on application by lessee--Cancellation of lease on failure to renew.

Section 5-5-28 - Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee.

Section 5-5-29 - Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements.

Section 5-5-30 - Application by owner of improvements for appraisal--Deposit for cost of appraisal.

Section 5-5-31 - Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.

Section 5-5-32 - Acceptance or rejection of appraisal.

Section 5-5-33 - Hunting in crops on school and public lands prohibited--Exception.