South Dakota Codified Laws
Chapter 09 - Sale Of School And Public Lands
Section 5-9-10 - Terms of installment sale--Interest--Prepayment option.

5-9-10. Terms of installment sale--Interest--Prepayment option.
The purchaser of common school lands and other lands donated for educational and charitable purposes, except those sold for cash, shall pay at least thirty percent of the purchase price in cash and the remaining seventy percent of the purchase price shall be paid in equal installments of three and one-half percent of the total purchase price on the first day of January of each succeeding calendar year until the whole is paid with interest thereon at a rate established annually by the commissioner of school and public lands, payable annually on the first day of January each year. The commissioner shall establish such interest rate by rules promulgated pursuant to chapter 1-26. The interest rate shall be not less than one and one-half percent above the New York prime lending rate existing at the end of May first of each year. The purchaser shall have the right or option of paying the balance or any number of installments on any date. The Board of Regents and the executive branch may sell extraneous real property as specifically authorized by the Legislature under the conditions prescribed in this section.

Source: SL 1911, ch 224, §34; SL 1915, ch 272; RC 1919, §5658; SL 1919, ch 306, §2; SL 1927, ch 188; SDC 1939, §15.0305; SL 1949, ch 47; SL 1983, ch 31; SL 1985, ch 36, §2; SL 1989, ch 20, §58; SL 1992, ch 45.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 09 - Sale Of School And Public Lands

Section 5-9-1 - Selection of school and endowment lands to be sold--Amount sold each year.

Section 5-9-3 - Board of Appraisal--Selection of tracts for sale--Subdivision of lands of special value.

Section 5-9-4 - Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.

Section 5-9-5 - Offer to purchase particular tract--Forfeiture or return of payment.

Section 5-9-6 - Publication of notice of land sale--Selection and appraisal to be concurrent.

Section 5-9-7 - Certification and publication of description and appraised price of land offered.

Section 5-9-8 - Commissioner to conduct sales.

Section 5-9-9 - Time and place of sale--Minimum price--Adjournment of sale--Record of sales.

Section 5-9-10 - Terms of installment sale--Interest--Prepayment option.

Section 5-9-11 - Notice to lessee of sale.

Section 5-9-12 - Successful bidder's deposit with commissioner.

Section 5-9-13 - Time of vesting of right or title after sale.

Section 5-9-14 - Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.

Section 5-9-15 - Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.

Section 5-9-16 - Assignment or conveyance under installment contract--Approval required--Form--Filing fee.

Section 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.

Section 5-9-23 - Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession.

Section 5-9-24 - Procedure for forfeiture of installment contract--Service of notice.

Section 5-9-25 - Recording of notice of default--Prima facie evidence.

Section 5-9-26 - Reinstatement of contract on compliance by purchaser with conditions of notice.

Section 5-9-27 - Action at law to set aside installment contract in default.

Section 5-9-28 - Taxability of land sold--Notice to county auditor of disapproval of sale.

Section 5-9-29 - Tax purchaser's rights under installment contract--Payment of delinquent installments.

Section 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.

Section 5-9-31 - Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.

Section 5-9-32 - Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.

Section 5-9-33 - Issuance to bankrupt of patent to land set aside as homestead.

Section 5-9-34 - Sale for public purposes of tract not exceeding one hundred sixty acres.

Section 5-9-35 - Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.

Section 5-9-36 - Sale of improvements on school and public lands authorized.

Section 5-9-37 - Appraisal and minimum price of improvements offered for sale--Disapproval of sale.

Section 5-9-38 - Publication of notice of sale of improvements--Private sales of small value.

Section 5-9-39 - Conservation easement for certain state land conveyed to another party.