41-4-1      Acquisition of private property authorized--Condemnation resolution and proceedings.
41-4-1.1      Notice to landowner required prior to purchase of land.
41-4-2      Condemnation costs payable from departmental fund--Vouchers and warrants.
41-4-3      Nonresident small game license fees paid into land acquisition and development fund--Use for game production areas and public shooting areas.
41-4-4      Procedure for timber sales.
41-4-5      Timber sales on sealed bids or at auction--Negotiated small sales.
41-4-6      Publication of notice of timber sales--Contents.
41-4-7      Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement.
41-4-8      State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
41-4-9      Reimbursement of lessees of state-owned land condemned by United States.
41-4-10      Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions.
41-4-11      Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts.
41-4-12      "Hunting guide" defined.
41-4-13      Hunting guide activities barred from certain state-owned or state-managed areas--Violations.

41-4-1. Acquisition of private property authorized--Condemnation resolution and proceedings.

The Department of Game, Fish and Parks may acquire or condemn private property if the property is necessary to carry out the purposes and intent of this title. If the Game, Fish and Parks Commission deems it necessary to take or condemn any private property for such purposes, the commission shall by proper resolution declare such necessity, stating the purpose and extent of the action. The commission shall communicate the resolution to the attorney general, and thereupon the proceedings to take or condemn the property shall be conducted as provided by the laws of this state in the name of the state as plaintiff.

Source: SDC 1939, § 25.0117; SL 2009, ch 206, § 33.

41-4-1.1. Notice to landowner required prior to purchase of land.

Before the Department of Game, Fish and Parks purchases any land pursuant to § 41-2-19, 41-2-21, 41-2-24, 41-4-1, or 41-4-3 the department shall notify the owners of any land, which is located adjacent to the land sought to be purchased by the department, that the department is seeking to purchase such land. The notification shall be by publishing notice of the same once in each legal newspaper of the county in which the property to be purchased is located. The notification shall be made at least thirty days prior to the date of action by the Game, Fish and Parks Commission authorizing the intended purchase. The notice shall include the time and location of the meeting at which the commission's action is expected and instructions for presenting oral and written comments to the commission.

Source: SL 1992, ch 295.

41-4-2. Condemnation costs payable from departmental fund--Vouchers and warrants.

Payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state auditor shall issue warrants upon the state treasurer against such fund upon vouchers duly approved by the Game, Fish and Parks Commission.

Source: SDC 1939, § 25.0118.

41-4-3. Nonresident small game license fees paid into land acquisition and development fund--Use for game production areas and public shooting areas.

Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes:

(1)    To acquire by purchase or lease real property to be used primarily for game production. Such real property shall remain open for public hunting;

(2)    To pay the salary and any necessary expenses of any employee of the Department of Game, Fish and Parks engaged in the acquisition of such real property;

(3)    For improving and maintaining game production areas; and

(4)    For the payment of taxes on public shooting areas.

Not more than twenty-five percent of the land acquisition and development fund, after the payment of taxes, may be used for the administration of the fund or for improving and maintaining game production areas.

Source: SDC 1939, § 25.0302 (3) as added by SL 1941, ch 105; SL 1943, ch 91, § 2; SL 1945, ch 94; SL 1947, ch 104; SL 1947, ch 105; SL 1949, ch 90, § 2; SL 1951, ch 117, § 1; SL 1959, ch 110; SDC Supp 1960, § 25.0302 (2); SL 1961, ch 116, § 2; SL 1987, ch 300, § 1; SL 2009, ch 206, § 34.

41-4-4. Procedure for timber sales.

All timber sold from lands under the jurisdiction of the Department of Game, Fish and Parks shall be sold in the manner provided by §§ 41-4-5 to 41-4-7, inclusive.

Source: SL 1945, ch 90, § 8; SDC Supp 1960, § 25.1309 (3); redesignated § 25.1308 by SL 1966, ch 73, § 2.

41-4-5. Timber sales on sealed bids or at auction--Negotiated small sales.

The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the necessity of public notice.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2.

41-4-6. Publication of notice of timber sales--Contents.

The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate boundaries of the timber sale, the estimated amount of timber to be sold, the time when bids may be filed with the department, and when such bids will be considered if sold on sealed bids, or, if the timber is to be sold by auction, the time and place where the public auction will be held.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1972, ch 28, § 15; SL 2009, ch 206, § 35.

41-4-7. Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement.

No sale may be made under §§ 41-4-4 to 41-4-6, inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks may reject any bids and readvertise the sale if no bid is satisfactory, or if the department believes any agreement has been entered into by the bidders to prevent competition.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1984, ch 276, § 5; SL 2009, ch 206, § 36.

41-4-8. State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.

All state-owned lands, known as public shooting areas, acquired under the provisions of §§ 41-2-19 to 41-2-21, inclusive, or which may hereafter be so acquired, and all state-owned game production lands or areas and controlled hunting areas, are subject to taxation by the local taxing districts within which the lands are severally located for county, township, and school purposes only.

The lands shall be assessed by the directors of equalization in the same manner as other lands are assessed for taxation. The assessments shall be equalized and the lands entered upon the tax lists for taxation in the same manner as other lands are equalized and entered, but in extending the levy of taxes against the lands, the taxing officer may extend only the levies made by the local taxing districts for county, township, and school purposes.

Source: SL 1949, ch 429; SL 1957, ch 100; SDC Supp 1960, § 25.0123; SL 1961, ch 115; SL 2009, ch 206, § 37.

41-4-9. Reimbursement of lessees of state-owned land condemned by United States.

If the United States of America condemns and takes by eminent domain any realty owned by the State of South Dakota that is held and administered by the Department of Game, Fish and Parks and if the department has given leases for the property to private parties before the condemnation and taking, the department may reimburse the private parties whose leasehold interest has been taken to fully compensate the private parties for the loss of their leasehold interest. The department may pay out of such funds paid by the United States of America such amounts to the private parties as are established by the appraised value of the leasehold interest by the United States of America, or any agency of the United States, and are agreed as acceptable by the private parties. Upon receipt of payment, the private parties shall give a release to the State of South Dakota, releasing the state from all further claims for payment for damages to the leasehold interests.

Source: SL 1959, ch 303; SDC Supp 1960, § 25.0106-3; SL 2009, ch 206, § 38.

41-4-10. Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions.

The Department of Game, Fish and Parks may acquire by gift or lease, from willing landowners, the right to maintain unused, terminated, or abandoned section-line rights-of-way as game production areas. This section does not apply to section lines where roads have never been developed. No such interest acquired by the department may prevent a roadway from being reopened to public travel.

Every political subdivision of the state east of the Missouri River having highways or roadways under its jurisdiction may notify the Department of Game, Fish and Parks of any of its developed rights-of-way that are not being maintained as public highways or roads and shall cooperate with the department in acquiring and maintaining such rights-of-way for use as game production areas.

Source: SL 1977, ch 325; SL 2009, ch 206, § 39.

41-4-11. Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts.

Any island or accumulation 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, belonging to the state as provided by § 5-2-4, is under the supervision of the secretary of the Department of Game, Fish and Parks. The secretary shall administer such lands primarily for wildlife habitat or public recreation or both. In addition, the secretary may enter into contracts with persons desiring to take sand, silt, or gravel from such lands upon such terms and conditions and terms of payment to the State of South Dakota as the secretary may determine. No contract may give any person any exclusive privilege thereunder.

Source: SL 1981, ch 296, § 1; SL 1984, ch 273, § 42.

41-4-12. "Hunting guide" defined.

For purposes of this section and § 41-4-13, a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal.

Source: SL 1998, ch 259, § 2.

41-4-13. Hunting guide activities barred from certain state-owned or state-managed areas--Violations.

No person, acting as a hunting guide as defined in § 41-4-12, may guide any hunting activity on state-owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game production area and managed for wildlife purposes, or private land leased or under agreement to the department for the purpose of providing public access, or on highways or other public rights-of-way within this state that otherwise meet the requirements of § 41-9-1.3, except that a hunting guide or employees of a hunting guide may guide a hunting activity on the road right-of-way immediately adjacent to property owned or leased by the hunting guide. A violation of this section is a Class 1 misdemeanor.

Source: SL 1998, ch 259, § 1.