CHAPTER 41-2
STATE DEPARTMENT OF GAME, FISH AND PARKS
41-2-1 Department and commission continued.
41-2-1.1 Department continued--Performance of functions.
41-2-1.2 Direction and supervision of commission--Independent functions retained.
41-2-2 Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
41-2-3 Terms of office of commissioners--Annual appointments--Restrictions on appointments.
41-2-4 Oath and bond of commissioners.
41-2-5 Removal of commissioner from office--Procedure.
41-2-6 Filling of vacancies on commission.
41-2-7 41-2-7. Repealed by SL 1978, ch 291
41-2-8 Annual meeting of commission--Chair and vice chair--Additional meetings.
41-2-9 41-2-9, 41-2-10. Superseded
41-2-11 Employment of conservation officers--Qualifications--Career service.
41-2-12 41-2-12. Repealed by SL 1997, ch 232, § 1
41-2-13 Rangers and park managers as unpaid conservation officers--Emergency appointments.
41-2-14 41-2-14, 41-2-15. Repealed by SL 1971, ch 231, § 3
41-2-16 Duties assigned to departmental officers and employees.
41-2-17 41-2-17. Repealed by SL 1997, ch 232, § 2
41-2-18 Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor.
41-2-18.1 Repealed by SL 2012, ch 201, § 1.
41-2-19 Acquisition, management, and improvement of property.
41-2-20 Sale of property no longer needed--Procedures.
41-2-21 Acquisition and development of property for public shooting areas, water conservation, and recreation.
41-2-21.1 Railroad right-of-way responsibility--Taxation.
41-2-22 Operation of controlled hunting areas.
41-2-23 Improvement of wildlife habitat--Access lands--State title not required.
41-2-24 Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
41-2-25 Park and recreational improvements on leased lands.
41-2-26 Easements, leases, and permits on property controlled by department--Purposes for which granted.
41-2-27 Publicity and advertising activities.
41-2-28 41-2-28. Transferred to § 41-20-13
41-2-29 Sale of forest products or department lands--Disposition of proceeds.
41-2-29.1 Sale of real property owned by state--Requirements and procedure.
41-2-29.2 Trade or exchange of real property owned by state--Requirements and procedure.
41-2-30 Predatory animal control activities--Cooperation with other agencies.
41-2-31 Acceptance and use of federal grants and other donations.
41-2-32 41-2-32. Repealed by SL 1984, ch 273, § 40
41-2-33 Appointment of licensing agents.
41-2-34 Fees and collections paid into departmental fund.
41-2-34.1 Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
41-2-34.2 Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
41-2-34.3 41-2-34.3. Repealed by SL 1998, ch 254, § 4
41-2-35 Annual appropriation of departmental fund.
41-2-35.1 Informational budget--Review.
41-2-36 Audit of departmental books and vouchers.
41-2-37 41-2-37. Repealed by SL 1982, ch 16, § 38
41-2-38 Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules.
41-2-39 Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
41-2-40 Determination of land as disposable.
41-2-41 State funds not to be expended--Landowner assumption of costs.
41-2-42 Approval of conveyances.
41-2-43 Approval by Interstate Commerce Commission.
41-2-44 Landowner agreement--Contents.
41-2-45 Conveyance by quitclaim deed--Execution.
41-2-46 Landowner presentation of proof of ownership--Contents.
41-2-47 Appraisals of real property by department--Market value defined.
41-2-48 Conservation officers--Entering private land--Prohibition--Exceptions.
41-2-49 Conservation officers--Entering private land--Liability.
41-2-1. Department and commission continued.
There is hereby continued the department of state government known as the Department of Game, Fish and Parks, and a commission comprised of eight members, appointed by the Governor as provided in § 41-2-3 subject to confirmation by the State Senate.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
41-2-1.1. Department continued--Performance of functions.
The Department of Game, Fish and Parks shall continue as the Department of Game, Fish and Parks created by chapter 1-39, and except as provided by § 41-2-1.2, all its functions shall be administered as provided by § 1-39-5.
Source: SL 1973, ch 2, § 112; SL 1973, ch 264, § 6.
41-2-1.2. Direction and supervision of commission--Independent functions retained.
The Game, Fish and Parks Commission is administered under the direction and supervision of the Department of Game, Fish and Parks and the secretary of game, fish and parks. However, the commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of game, fish and parks.
Source: SL 1973, ch 2, § 113; SL 2009, ch 206, § 4.
41-2-2. Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
Not more than four of the game, fish and parks commissioners may be members of the same political party, and, at the time of their appointment, at least four shall be farmers actually residing on a farm or working primarily on a farm, engaged in agriculture, deriving at least two-thirds of their gross annual incomes from crop or livestock production or both, and interested in wildlife conservation. At the time of their appointment three commissioners shall reside west of the Missouri River and five shall reside east of the Missouri River.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 1966, ch 67; SL 1969, ch 93; SL 1994, ch 321; SL 2009, ch 206, § 5; SL 2018, ch 249, § 1.
41-2-3. Terms of office of commissioners--Annual appointments--Restrictions on appointments.
The term of office of the game, fish and parks commissioners is four years. The Governor shall preserve:
(1) An arrangement of length of terms whereby two members have terms expiring each year;
(2) A rotation of terms between the republican and democratic parties.
The expiration of terms occurs on the tenth day of January of each year, and all required appointments shall be made by the first day of March. The appointments shall fill all vacancies on the commission arising either by expiration of term or from any other cause. No person may serve on the commission for more than eight years. However, if the person's first appointment is for two years the person may be reappointed thereafter for no more than two additional four-year terms.
Source: SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SDC Supp 1960, § 25.0102; SL 1970, ch 234, § 1; SL 1972, ch 223; SL 2009, ch 206, § 6.
41-2-4. Oath and bond of commissioners.
Each game, fish and parks commissioner shall qualify by taking the oath of office prescribed by S.D. Const., Art. XXI, § 3. The commissioner shall give bond to the state in the penal sum of five thousand dollars conditioned upon the faithful discharge of the duties of the office, and shall file the bond with the secretary of state.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 2009, ch 206, § 7.
41-2-5. Removal of commissioner from office--Procedure.
The Governor may remove a game, fish and parks commissioner for inefficiency, neglect of duty, or misconduct in office after giving the commissioner a copy of the charges against the commissioner and opportunity to be heard publicly in person or by counsel in his or her own defense, upon not less than ten days' notice. If the commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all charges made against the commissioner and his or her findings on the charges, together with a complete record of the proceedings.
Source: SDC 1939, § 25.0103; SL 2009, ch 206, § 8.
41-2-6. Filling of vacancies on commission.
Any vacancy on the Game, Fish and Parks Commission occurring from any cause shall be filled by the Governor for the unexpired term, subject to confirmation by the State Senate at the succeeding regular legislative session.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
41-2-8. Annual meeting of commission--Chair and vice chair--Additional meetings.
The Game, Fish and Parks Commission shall hold its annual meeting at the capital to elect a chair and vice chair for the ensuing year, and to transact such other business as may properly come before the meeting. Additional meetings may be held as determined by the commission.
Source: SDC 1939, § 25.0105; SL 1941, ch 103; SL 1945, ch 91, § 8; SL 1978, ch 292, § 1; SL 2009, ch 206, § 9.
41-2-11. Employment of conservation officers--Qualifications--Career service.
The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3. The provisions of chapter 3-6D apply to each conservation officer.
Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1973, ch 23, § 4; SDCL § 41-15-10 as added by SL 1973, ch 270; SL 2009, ch 206, § 10; SL 2018, ch 12, § 23.
41-2-13. Rangers and park managers as unpaid conservation officers--Emergency appointments.
All rangers and park managers employed by the department shall be conservation officers without additional compensation. If the emergency exists, the Department of Game, Fish and Parks may appoint additional conservation officers who shall serve without additional compensation and shall have all the powers of other conservation officers.
Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1971, ch 231, § 1; SL 1984, ch 276, § 2.
41-2-16. Duties assigned to departmental officers and employees.
The officers and employees authorized by this title and any other necessary employees or assistants shall perform such duties for the Department of Game, Fish and Parks as may be assigned to them by the department.
Source: SL 1945, ch 91, § 6; SDC Supp 1960, § 25.0107-1.
41-2-18. Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor.
The Game, Fish and Parks Commission may adopt such rules as may be necessary to implement the provisions of chapters 41-1 to 41-15, inclusive. The rules may be adopted to regulate:
(1) The conservation, protection, importation, and propagation of wild animals and fish except for any nondomestic animal which is regulated pursuant to § 40-3-26;
(2) The hunting, taking, killing, possession, sale, and transportation of all wild birds, wild animals, and wild fish except for any nondomestic animal which is regulated pursuant to § 40-3-26;
(3) The management of nongame, endangered, or threatened wildlife to ensure their perpetuation as viable components of the ecosystem;
(4) The management, control of traffic, improvement and public use of all lands and water owned, leased, or controlled by the state and Department of Game, Fish and Parks designated as public shooting areas, game production areas, wildlife refuges, lake and fishing access use areas and controlled hunting areas;
(5) The management, use, and improvement of all meandered and nonmeandered lakes, sloughs, marshes, and streams extending to and over dry or partially dry meandered lakes, sloughs, marshes, and streams, including all lands to which the state has acquired any right, title or interest for the purpose of water conservation or recreation;
(6) The creation, modification, or vacation of state game refuges, state waterfowl refuges, and state game bird refuges on all public land and on private land with the written consent of the landowner;
(7) The management and improvement of all islands or accumulations of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case;
(8) The appointment, management, bonding, and cancellation of licensing agents;
(9) The gathering, purchasing, distributing, and transferring of all wild animals and fish for population management, stocking purposes, scientific study, and intergovernmental trades;
(10) The form of and the manner and placement of any tags, coupons, or permits necessary for the transportation of any wild animal or fish;
(11) The sale, breeding, raising, and transportation of any nondomestic animal which is not regulated pursuant to § 40-3-26;
(12) The form, procedures for, and content of all license applications authorized under this title;
(13) The form, procedures for, fee, and manner of validation, replacement, or cancellation of all licenses authorized under this title that are not already established by statute;
(14) The devices, weapons, ammunition, traps, tackle, bait, lures, and equipment which may be used to hunt, kill, capture, or locate any wild animal or fish if use of the above items would adversely affect the health, safety, or welfare of people or wildlife resources;
(15) The hunting, fishing, and trapping in the boundary waters of this state;
(16) The release, hunting, and taking of animals and birds on private shooting preserves;
(17) The establishment of, and the opening, closing, modifying, or curtailing of hunting, fishing, and trapping seasons, if the seasons are not established by statute;
(18) The setting of fees for special licenses not covered by statute to manage specific and limited wildlife populations;
(19) The number of persons who may cooperate as a group in the pursuit, hunting, taking, or killing of game birds or game animals;
(20) The acquisition, possession, use, and disposition of raptors;
(21) The acquisition, possession, transportation, sale, and release of bait fish and frogs;
(22) The regulation of, and the acquisition, possession, transportation, sale, and release of fish, from private fish hatcheries;
(23) The regulation of fish houses or other sheltering structures maintained upon the ice of any public waters;
(24) The issuance and cancellation of taxidermist licenses and the acquisition, possession, and disposition of specimens for taxidermy purposes;
(25) The operation of controlled hunting areas;
(26) The conditions under which the commission may authorize the possession, importation, shipment, or transport of an aquatic invasive species within the state;
(27) The conditions under which the commission may authorize the placement of a conveyance into waters within the state without first meeting the requirements of § 41-13A-4;
(28) The requirements and protocols for the cleaning, draining, and drying of a conveyance; and
(29) The standards and procedures for decontaminating a conveyance and for disposing of any organisms and organic material as provided in §§ 41-13A-6 and 41-13A-7.
The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter.
A violation of the substantive provision of any rule authorized by this section is a Class 2 misdemeanor. If the same incident is a violation of statute and of the rules authorized by this section only the penalty authorized for the violation of the statute may be imposed.
Source: SDC 1939, § 25.0106 (1); SL 1957, ch 96; SL 1983, ch 288, § 2; SL 1984, ch 273, § 38; SL 1991, ch 337, § 4; SL 1993, ch 311, § 6; SL 2017 (SS), ch 1, § 19, eff. June 12, 2017; SL 2020, ch 181, § 8, eff. Feb. 26, 2020.
41-2-18.1. Repealed by SL 2012, ch 201, § 1.
41-2-19. Acquisition, management, and improvement of property.
The Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title.
Source: SDC 1939, § 25.0106 (2); SL 1941, ch 104; SL 2009, ch 206, § 11.
41-2-20. Sale of property no longer needed--Procedures.
Any personal property or buildings or fixtures on real estate, acquired pursuant to § 41-2-19, may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful. The property shall be sold according to procedures prescribed by the commissioner of human resources and administration.
Source: SDC 1939, § 25.0106 (2) as added by SL 1941, ch 104; SL 1977, ch 54, § 13; SL 2009, ch 206, § 12; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
41-2-21. Acquisition and development of property for public shooting areas, water conservation, and recreation.
The Department of Game, Fish and Parks may acquire by any means or methods as specified in § 41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop and improve the property for such purposes.
Source: SDC 1939, § 25.0106 (3); SL 1945, ch 92; SL 1947, ch 101; SL 2009, ch 206, § 13.
41-2-21.1. Railroad right-of-way responsibility--Taxation.
The Department of Game, Fish and Parks has the same responsibility for any railroad right-of-way that it acquires as a hiking or biking recreation trail as it bears toward land acquired as a public shooting area. However, the property interest which the department holds in such right-of-way may not be taxed by any local taxing district.
Source: SL 1990, ch 331, § 1.
41-2-22. Operation of controlled hunting areas.
The Department of Game, Fish and Parks may establish and operate controlled hunting areas whenever in the opinion of the Game, Fish and Parks Commission the establishment of such areas is in the best interest of the people of South Dakota.
Source: SL 1959, ch 107; SDC Supp 1960, § 25.0106-1 (5); SL 1984, ch 273, § 39.
41-2-23. Improvement of wildlife habitat--Access lands--State title not required.
The Department of Game, Fish and Parks shall, if directed by the Game, Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access to hunting, and access to fishing or recreation areas on any land, public or private, within the state, notwithstanding the provisions of § 5-14-10. Any land so improved is open to reasonable use by the public.
Source: SDC Supp 1960, § 25.0106-1 (7) as added by SL 1965, ch 108; SL 2009, ch 206, § 14.
41-2-24. Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
The Department of Game, Fish and Parks shall acquire by gift, purchase, lease, or condemnation and shall improve and manage land areas suitable for park purposes in various portions of the state so that a comprehensive state park system may be established. The department may levy and collect service fees for the use of the facilities in the state parks, upon the conditions as provided in this title. The department may issue its negotiable bonds for such purposes, and in such amounts, forms and upon such conditions as provided in this title. The department may cooperate with the United States, with any agency of the United States, and with any other department or public corporation of this state in such park activities.
Source: SL 1945, ch 91, § 5; SL 1959, ch 108, § 1; SDC Supp 1960, § 25.0106-1 (1); SL 1966, ch 68, § 1; SL 2009, ch 206, § 15.
41-2-25. Park and recreational improvements on leased lands.
The Department of Game, Fish and Parks may make capital improvements that the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement, or development of state parks and recreation areas on all land leased by the department. The provisions of § 5-14-10 do not apply to this section.
Source: SDC Supp 1960, § 25.0106-1 (8) as added by SL 1966, ch 68, § 2; SL 2009, ch 206, § 16; SL 2016, ch 206, § 1.
41-2-26. Easements, leases, and permits on property controlled by department--Purposes for which granted.
The Department of Game, Fish and Parks may grant easements, leases, or permits on property that it owns or controls, for public utilities; for agricultural purposes; for electrical power or telephone lines; for towers for radio, television, or radar; for cabin sites; for concessions; and for the development, operation, or management of facilities to service the needs of the public.
Source: SDC Supp 1960, § 25.0106-1 (6) as added by SL 1961, ch 114; SL 1966, ch 68, § 1; SL 2009, ch 206, § 17.
41-2-27. Publicity and advertising activities.
The Department of Game, Fish and Parks shall publicize the game and fish, scenic, recreational, park, health, natural, and other resources of this state in such manner as the department deems most effective to attract tourists and others to this state. The department shall cooperate with any other agency, department, or public corporation of this state for such purpose.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (4); SL 2009, ch 206, § 18.
41-2-29. Sale of forest products or department lands--Disposition of proceeds.
The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (3); SL 1966, ch 68, § 1; SL 1984, ch 276, § 4.
41-2-29.1. Sale of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such real property is no longer needed for game, fish, or parks purposes. Such sale may be made only by the following procedure:
(1) At the full value established by a qualified appraiser employed by the department;
(2) For cash at public auction;
(3) Five days after the last of at least two publications of notice of the sale in at least three daily newspapers of the state. The publications shall disclose all details relative to the sale;
(4) Money received shall be deposited with the state treasurer and credited to the game, fish and parks fund;
(5) Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.
Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98; SL 1972, ch 28, § 14; SL 2009, ch 206, § 19.
41-2-29.2. Trade or exchange of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks, in addition to or as an alternative to the requirements and methods specified in § 41-2-29.1, may trade or exchange real property owned by the state and held by the department if the real property is no longer needed for game, fish or parks purposes or if real property more suitable to department purposes may be obtained by an exchange. The exchange may be made only for other real property of equal value as determined by a qualified appraiser employed by the department. Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.
Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98; SL 2009, ch 206, § 20.
41-2-30. Predatory animal control activities--Cooperation with other agencies.
The Department of Game, Fish and Parks shall engage in predatory animal control activities and cooperate with the United States or any agency of the United States, with other states, or with any other department, agency, or public corporation of this state in the execution of such control activities.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (2); SL 2009, ch 206, § 21.
41-2-31. Acceptance and use of federal grants and other donations.
The Department of Game, Fish and Parks may accept, use, and expend any funds directed to it and provided by any agency of the United States government or provided by any other private or public sources.
Source: SDC Supp 1960, § 25.0106-1 (1) as added by SL 1966, ch 68, § 1; SL 2009, ch 206, § 22.
41-2-33. Appointment of licensing agents.
The Department of Game, Fish and Parks may appoint license issuing agents to issue on behalf of the department any license, permit, or stamp permitted or provided for by this title and § 32-20A-15.1. No conservation officer may be appointed as a license issuing agent. The licensing issuing agents shall remit all license fees collected at the time and in the manner required by rules adopted pursuant to chapter 1-26.
Source: SDC 1939, § 25.0106 (5); SL 1984, ch 273, § 41; SL 1999, ch 210, § 1.
41-2-34. Fees and collections paid into departmental fund.
All moneys collected under any of the game and fish laws of this state including sums paid for licenses or on account of bonds or contracts entered into with any persons, and money due from other sources connected with the game and fish laws of this state, except fines, shall be paid into the state treasury to be credited to the Department of Game, Fish and Parks fund. Excepting receipts from sales of timber on school lands, all sums received from rentals, contracts, licenses, sales of personal property, or any source, except such sums as are derived from or which have accrued through the operation of the Division of Forestry and Parks and Custer State Park, shall be paid into the state treasury and credited to the Department of Game, Fish and Parks fund.
Source: SDC 1939, § 25.0115; SL 1945, ch 36, § 11; SL 1945, ch 91, § 7; SL 1957, ch 99, § 6; SDC Supp 1960, § 25.0115-1.
41-2-34.1. Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
An amount equal to thirty-five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition of land made pursuant to this section may be accomplished through the state's power of eminent domain.
Source: SL 1977, ch 327, § 5; SL 1988, ch 331; SL 1998, ch 252, § 5.
41-2-34.2. Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
The Game, Fish and Parks Commission shall impose a surcharge in the amount of six dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of licenses to take fur-bearing animals, one-day small game licenses, predator/varmint licenses, migratory bird certification permits, youth deer licenses, youth small game licenses, and mentored youth big game licenses authorized by § 41-6-81. Of the revenue from the surcharge for each such license, one dollar shall be deposited in the animal damage control fund established pursuant to § 40-36-10; and five dollars shall be deposited in a special fund known as the South Dakota sportsmen's access and landowner depredation fund, which is hereby established. Money in the fund is continuously appropriated for the purposes set forth in this section. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available to landowners pursuant to procedures and amounts to be established in rules promulgated by the commission pursuant to chapter 1-26 for purposes of providing hunting access on the landowners' land and for wildlife depredation and damage management programs. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available for purposes of acquiring free public hunting access by lease agreement.
Source: SL 1998, ch 253, § 1; SL 2001, ch 229, § 1; SL 2004, ch 261, § 2; SL 2007, ch 240, § 2; SL 2010, ch 207, § 1; SL 2013, ch 208, § 1, eff. Mar. 20, 2013.
41-2-35. Annual appropriation of departmental fund.
All moneys in the Department of Game, Fish and Parks fund are hereby annually appropriated to be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title.
Source: SDC 1939, § 25.0115; SL 1945, ch 36, § 11; SL 1945, ch 91, § 7; SL 1957, ch 99, § 6; SDC Supp 1960, § 25.0115-1.
41-2-35.1. Informational budget--Review.
Notwithstanding any other provisions of law, all funds received by the Department of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects department control over expenditures of any portion of dedicated revenues received by the department.
Source: SL 1979, ch 278, §§ 21, 22; SL 2009, ch 206, § 23.
41-2-36. Audit of departmental books and vouchers.
The books and vouchers of the Department of Game, Fish and Parks are subject to examination by the Department of Legislative Audit at all times.
Source: SDC 1939, § 25.0108; SL 2009, ch 206, § 24.
41-2-38. Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules.
The State of South Dakota accepts from the United States ownership of property pursuant to and as described in Title VI of the Water Resources Development Act of 1999, Public Law 106-53 consisting of property, land, improvements, and recreation areas to be utilized for fish, wildlife, park, and all other recreational uses and purposes. Upon transfer of ownership or interim acquisition of the property by lease or agreement, the Department of Game, Fish and Parks may manage, control, and improve the property on behalf of the state. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to designate areas within the property as a state recreation area, a state nature area, a state lakeside use area, a state recreational trail, a public shooting area, a game production area, a wildlife refuge, a lake and fishing access use area, or a controlled hunting area. Management of the property includes the power to lease any of the property acquired in this section for any agricultural, recreational, or other purposes authorized by law. Any other statutory authority of the commission to promulgate rules shall apply to the property subject to the Water Resource Development Act.
Source: SL 2000, ch 204, § 1.
41-2-39. Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
The Department of Game, Fish and Parks may dispose of surplus lands within the George S. Mickelson Trail by giving them to the respective landowners adjoining the trail as set out in §§ 41-2-39 to 41-2-46, inclusive. The lands described may be disposed of only to those landowners whose lands border or surround the trail, and each landowner may receive only such land as lies within the lot, description, or subdivision owned by the landowner.
Source: SL 1994, ch 326, § 1.
41-2-40. Determination of land as disposable.
No lands may be considered for disposal under §§ 41-2-39 to 41-2-46, inclusive, unless the lands lie outside the fence to be constructed under § 41-17-26. No lands may be disposed of under §§ 41-2-39 to 41-2-46, inclusive, unless the Department of Game, Fish and Parks and the Game, Fish and Parks Commission first determine that the lands are surplus and not needed for present or future development of the trail, nor for other transportation uses.
Source: SL 1994, ch 326, §§ 2 and 7.
41-2-41. State funds not to be expended--Landowner assumption of costs.
No funds belonging to the state may be expended to dispose of lands under §§ 41-2-39 to 41-2-46, inclusive. All costs of disposal, including surveying, drafting of documents, preparation and filing of plats, transfer fees, recording fees, abstract or title insurance costs, and attorney's fees, shall be paid by the landowner.
Source: SL 1994, ch 326, § 3.
41-2-42. Approval of conveyances.
Any conveyance under §§ 41-2-39 to 41-2-46, inclusive, shall be specifically approved by the Burlington Northern Company, formerly known as Burlington Northern, Incorporated.
Source: SL 1994, ch 326, § 4.
41-2-43. Approval by Interstate Commerce Commission.
Any disposal of lands under §§ 41-2-39 to 41-2-46, inclusive, if the lands are located to south of the north line of block 139, original plat of Custer City, South Dakota, shall be approved by the United States Interstate Commerce Commission under the commission's abandonment procedures.
Source: SL 1994, ch 326, § 5.
41-2-44. Landowner agreement--Contents.
Prior to any disposal of lands under §§ 41-2-39 to 41-2-46, inclusive, the landowner shall sign an agreement, setting out that the landowner is receiving the land under the conditions of §§ 41-2-39 to 41-2-46, inclusive, that the landowner will provide a survey and recording of plats fully and accurately describing the land to be conveyed, and that the landowner agrees to assume all expenses that arise as a result of the disposal of the lands.
Source: SL 1994, ch 326, § 6.
41-2-45. Conveyance by quitclaim deed--Execution.
If the determinations required by § 41-2-44 are made, and if all other conditions of §§ 41-2-39 to 41-2-46, inclusive, are met, the Department of Game, Fish and Parks and the Game, Fish and Parks Commission shall, by resolution, request that the Governor and the commissioner of school and public lands convey the affected lands to the surrounding landowner. The conveyance shall be by quitclaim deed, but otherwise shall be executed in the manner provided in § 5-2-11.
Source: SL 1994, ch 326, § 8.
41-2-46. Landowner presentation of proof of ownership--Contents.
Prior to delivery of the quitclaim deed as provided in §§ 41-2-39 to 41-2-46, inclusive, the landowner shall present to the Department of Game, Fish and Parks and to the commissioner of school and public lands satisfactory proof of ownership of the lot, description, or subdivision containing the lands to be conveyed, when the state holds an easement over the lands. If the state holds fee title, the landowner shall present satisfactory proof of ownership of the land bordering or surrounding the right-of-way. This proof shall be made by presentation of an owner's policy of title insurance dated as of the contemplated date of conveyance, or an abstract certified to that date by a licensed and bonded abstractor of the county containing the lands to be conveyed.
Source: SL 1994, ch 326, § 9.
41-2-47. Appraisals of real property by department--Market value defined.
Any appraisal of real property done by or on behalf of the Department of Game, Fish and Parks shall be done by a state certified appraiser to determine the market value of the property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal.
Source: SL 2009, ch 207, § 1.
41-2-48. Conservation officers--Entering private land--Prohibition--Exceptions.
No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter any private land without permission:
(1) If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed on the private land;
(2) To dispatch crippled or distressed wildlife the conservation officer has personally and lawfully observed on the private land; or
(3) To respond to emergency situations, accidents, or other threats to public safety occurring on the private land.
Source: SL 2021, ch 183, § 1.
