5-5-20. Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.
The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the commissioner. The commissioner shall prescribe the form to be used for such assignment and shall fix a reasonable fee for filing, recording and approval of it. The subletting of any school and endowment lands by the lessee thereof for profit is prohibited. Such subletting shall be cause for the forfeiture of the lease and shall render the lessee liable to the state for damages in double the amount of the difference between the lease rental and the amount paid or agreed to be paid from the sublessee.
Source: SL 1917, ch 339, §21; RC 1919, §5653; SDC 1939, §15.0417; SL 1951, ch 44; SL 1984, ch 36, §1.
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.