5-5-22. Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.
In offering any land for leasing or at any time after the lease has been made, the commissioner of school and public lands may grant to any lessee of land under the provisions of this chapter a permit to erect thereon such buildings, corrals, fences, and well apparatus as may be necessary to fully carry out the purposes of the lease, and such lessee may remove such improvements as are capable of removal without damage to the land at any time before the expiration of the term or upon cancellation of the lease, and during a period of sixty days from the date upon which such land is offered for releasing or sale, and may sink such wells and construct such dams thereon as may be necessary, the cost of which may not exceed an amount agreed upon by the commissioner. In addition, the commissioner of school and public lands may grant in like manner a permit to prepare the ground and to plant shelter belts on such land, and to perform government approved ripping, furrowing, contouring, and reseeding. However, the lessee shall notify the county auditor and the commissioner of school and public lands in writing whenever any such improvements are placed upon such lands. In no event is the state liable for any material furnished for, nor for any labor performed on, such improvements.
Source: SL 1917, ch 339, §18; RC 1919, §5650; SDC 1939, §15.0415; SL 1941, ch 52; SL 1943, ch 51; SL 1957, ch 44; SL 1966, ch 36; SL 1985, ch 37, §5.
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.