2017 Session Laws

CHAPTER 147

(HB 1014)

Appropriation for the Department of the Military
to purchase land in Sturgis.


        ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Range 5 East, Black Hills Meridian, Sturgis, Meade County, South Dakota.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to section 1 of this Act, the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and seller. The department agrees to grant to the seller a right of first refusal to purchase the property provided that the seller shall exercise the right within one hundred eighty days of written notice from the department of the department's intent to sell, transfer, or convey the property or any portion thereof. For a period of ten years from the date of the purchase, the seller has the right of first refusal and may purchase the property for the same price for which the department is paying the seller. However, the price shall be adjusted for inflation using the core consumer price index as published by the United States Bureau of Labor Statistics. After the initial ten year period, the seller may exercise the seller's right of first refusal to purchase at fair market value. If the seller does not exercise the right, by submitting a written offer to purchase the portion of the property intended to be sold, transferred, or conveyed, within the one hundred eighty days, the seller's right of first refusal terminates as to said portion. The right of first refusal to purchase only applies to a sale, transfer, or conveyance of all of the department's rights, title, and interest in the real property and does not apply to a grant or conveyance by the department of a lesser interest including, without limitation, easements or leases. The seller's right of first refusal to purchase may only be exercised by the seller and cannot be transferred or assigned.

    Section 3. There is hereby appropriated from the general fund the sum of three hundred sixty thousand dollars ($360,000), or so much thereof as may be necessary, to the Department of the Military for the purchase of the land specified in section 1 of this Act.

    Section 4. The adjutant general of the Department of the Military shall approve vouchers and

the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 10, 2017
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