7-31-41. Cancellation of leases for nonpayment or nonperformance--Notice and opportunity to remedy default.
The board of county commissioners of any county is hereby authorized to cancel any lease issued as provided in §7-31-38 for nonpayment of rentals, if any are required by the lease, or for nonperformance by the lessee of any provision or requirement of the lease; provided, however, that if such cancellation shall be made the said board of county commissioners must mail to the said lessee, or assigns, by registered or certified letter addressed to the post office address of said lessee or assignee, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation, and if within thirty days after the mailing of said notice to the said lessee or assignee, he shall remedy the default specified in said notice, then no cancellation of said lease shall be ordered by the board of county commissioners, but otherwise the cancellation shall be made and all rights of the lessee or assignee under the lease shall thereupon terminate.
Source: SL 1939, ch 165, §4; SDC Supp 1960, §42.0804.
Structure South Dakota Codified Laws
Chapter 31 - Management Of Tax Deed And School Fund Mortgage Lands
Section 7-31-1 - Legislative policy and purpose.
Section 7-31-2 - County commissioners to control land.
Section 7-31-4 - Lease of class one grazing land.
Section 7-31-5 - Lease of class two land--Conservation measures required.
Section 7-31-7 - Permit to erect improvements on leased land--Ownership of improvements.
Section 7-31-8 - Removal of improvements on termination of lease--County property if not removed.
Section 7-31-9 - Payment to lessee for improvements not capable of removal--Time of valuation.
Section 7-31-11 - Deposit of value of improvements--Transfer of ownership.
Section 7-31-12 - Apportionment of rental proceeds from tax-deed lands.
Section 7-31-13 - Apportionment of rental proceeds from school mortgage lands.
Section 7-31-14 - Insurance on county-owned improvements.
Section 7-31-26 - Notice of default given to installment purchaser.
Section 7-31-27 - Service of notice on defaulting installment purchaser.
Section 7-31-28 - Recording of notice of default.
Section 7-31-30 - Proceedings to set aside installment contract in default.
Section 7-31-31 - Apportionment of proceeds of sale of land.
Section 7-31-32 - Exchange of isolated tracts--Advertising and appraisement not required.
Section 7-31-33 - Adjustment between taxing districts after exchange of lands.
Section 7-31-34 - Method of sale of school mortgage lands unaffected.
Section 7-31-35 - Appeal from county commissioners to circuit court.
Section 7-31-36 - Short title of law.
Section 7-31-37 - Oil and gas pooling agreements permitted.
Section 7-31-38 - Mineral, oil and gas leases permitted.
Section 7-31-39 - Royalty agreements required in oil and gas leases.
Section 7-31-40 - Assignment of mineral, oil and gas leases.
Section 7-31-42 - Customary provisions inserted in mineral, oil and gas leases.
Section 7-31-43 - Power of county commissioners to withhold land from oil and gas leasing.
Section 7-31-44 - Sale or other disposition of oil and gas rights.
Section 7-31-46 - County commissioners to direct managing agents--Contracts on behalf of county.
Section 7-31-47 - Assistance by agents in tax-deed and mortgage-foreclosure proceedings.
Section 7-31-48 - Compensation of managing agents--Clerical assistance and supplies.