5-9-32. Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.
When full payment has been made for any tract sold, a patent for the tract executed in the name of the state by the Governor, and attested by the commissioner of school and public lands, under the seal of office of the commissioner, shall be made out and delivered by the commissioner to the register of deeds of the county in which the land is situated. The patent shall run to the original purchaser, if the purchaser is living and the purchaser's interest in the land has not been assigned. However, if a legal transfer of the purchaser's interest has been made, the patent shall run to the actual owner of such interest, as may appear from documentary evidence approved by the state's attorney, treasurer, and auditor of the county in which the land is situated, and shall be filed with the application for the patent. In case of the death of the original purchaser or assignee, a patent may not be issued until a court of competent jurisdiction has ascertained and adjudged who is entitled to the patent and a certified copy of the decree or order of the court has been filed with the application for patent. The commissioner shall record the patent, deed, or contract in the county in which the land is located and charge the fee assessed by the county plus a transaction fee of ten dollars.
Source: SL 1911, ch 224, §44; SL 1915, ch 273; RC 1919, §5668; SDC 1939, §15.0312; SL 1994, ch 47, §9.
Structure 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 5-9-4 - 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 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.
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 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.
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.