5-5-31. Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.
Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate a person to represent the owner, the new lessee or purchaser shall nominate a person to represent the lessee or purchaser, and the two nominees shall nominate a person to serve on the board. The county auditor shall appoint these three persons as a board.
The commissioner of school and public lands shall provide the board with an itemized list of each permitted improvement. Each improvement shall be appraised based on the original cost basis less any depreciation as determined by the board. The original cost of the improvement may include only the actual out-of-pocket expenses paid by the lessee for the improvement. The original cost may not include the amount of any grant, subsidy, or contribution toward the expense of the improvement from another source. The board shall file with the county auditor an itemized report of the appraisal, signed by at least two members of the board. The county auditor shall keep a record of the appraisement. The board shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal.
The members of the board are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of the board's duties or responsibilities. Nothing in this section may be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.
Source: SL 1917, ch 339, §6; RC 1919, §5638; SDC 1939, §15.0414; SL 1963, ch 65; SL 1967, ch 36; SL 1984, ch 34, §9; SL 2018, ch 45, §3.
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.