Upon application for conveyance of the title, or the granting of an easement of any kind over or across lands in which the title is in the State of South Dakota, the board, commission, or other agency of the State of South Dakota having the control of and administration of such lands shall forward to the commissioner of school and public lands a certified copy of a resolution of the agency requesting the conveyance, stating the consideration and citing the specific authority, if any, authorizing the conveyance. Whereupon, the commissioner shall draw easements or conveyances of the title and submit the same to the Governor for approval. If approved by the Governor, such instruments must be signed by the Governor and attested by the commissioner of school and public lands, who shall cause such conveyance to be recorded in the office of the register of deeds of the county in which said real estate is located. All payments for such land, or easements over or across such lands, must be paid to the state treasurer, who shall credit such payments to the general fund of the State of South Dakota, unless such funds are otherwise specifically dedicated by law.
S.D. Codified Laws § 5-2-11
Application for conveyance or easement on state-owned lands--Approval by Governor--Recording--Disposition of payments
Applied in 2 court decisions — leading case Meyerink v. Northwestern Public Service Co. (1986)
Most recently applied in Walker v. Hilltop Irrigation, Inc. (May 1989)
Source: SL 1951, ch 86, §§ 3, 4; SDC Supp 1960, § 55.0207; SL 2023, ch 3, § 26.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.