CHAPTER 1-1

STATE SOVEREIGNTY AND JURISDICTION

1-1-1    Territorial extent of sovereignty and jurisdiction--Cessions to United States.

1-1-1.1    Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents--Document content--Agreement authorized.

1-1-2    Federal jurisdiction over previously acquired land--Prior grants confirmed--Reserved jurisdiction to serve process.

1-1-2.1    Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.

1-1-2.2    Vesting and duration of concurrent jurisdiction.

1-1-2.3    Acceptance of retrocession of exclusive federal jurisdiction.

1-1-2.4    Memoranda of agreement.

1-1-2.5    Concurrent federal jurisdiction--Federal Prison Camp.

1-1-3    Consent to land acquisition by United States--Acreage limit.

1-1-4    Jurisdiction of federally acquired land--Tax exemption.

1-1-5    Service of process on federally acquired land.

1-1-6    Consent to federal land acquisitions for conservation purposes--Reserved jurisdiction.

1-1-7    Appraisal and sale of county land to United States for conservation purposes.

1-1-8    Legislative power over federally acquired lands.

1-1-9    Map of federal acquisitions to be filed--Recording of evidence of title.

1-1-10    Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.

1-1-11    1-1-11. Repealed by SL 2006, ch 130, § 1.

1-1-12    Indian country--Assumption of jurisdiction.

1-1-13    Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.

1-1-14    Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.

1-1-15    Prosecution of criminal offenses on Indian lands.

1-1-16    Indian hunting, trapping and fishing rights preserved.

1-1-17    Highways in Indian lands--Acceptance of jurisdiction.

1-1-18    Indian country--Assumption of jurisdiction.

1-1-19    Negotiation and acceptance of federal reimbursement of costs of jurisdiction.

1-1-20    Provisional repeal of prior assumption of jurisdiction of Indian lands.

1-1-21    Governor's proclamation required for assumption of jurisdiction.

1-1-22    Law defined.

1-1-23    Expressions of sovereign will.

1-1-24    Common law and law merchant applied--Evidence of common law.

1-1-25    When order or judgment of tribal court may be recognized in state courts.

1-1-26    Acceptance by state agencies or higher education facilities of matricula consular card as identification.

1-1-27    Legislature to authorize state or state agency transfer of title of real property to the federal government.

1-1-28    Exception to application of provisions of § 1-1-27.

1-1-1. Territorial extent of sovereignty and jurisdiction--Cessions to United States.

The sovereignty and jurisdiction of this state extend to all territory within its established boundaries except as to such places wherein jurisdiction is expressly ceded to the United States by the State Constitution, or wherein jurisdiction has been heretofore or may be hereafter ceded to the United States, with the consent of the people of this state, expressed by their Legislature and the consent of the United States.

Source: SDC 1939, § 55.0101.

1-1-1.1. Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents--Document content--Agreement authorized.

By appropriate executive order, the Governor may accept on behalf of the state retrocession of full or partial jurisdiction, juvenile, criminal, or civil, over any roads, highways, or other lands in federal enclaves, excluding Indian reservations and federal enclaves outside the boundaries of an Indian reservation established for Indian use, within the state where retrocession is offered by appropriate federal authority. Documents concerning the retrocession must be filed in the Office of the Secretary of State and in the office of the register of deeds of the county wherein the lands are located. The documents must:

(1)    State the subject matter for the jurisdiction offer;

(2)    Provide a metes-and-bounds description of the boundary of the jurisdiction offer; and

(3)    Indicate whether the request includes future expansions of land acquired for military purposes.

Upon the establishment of concurrent jurisdiction, any state or local agency may enter into a reciprocal agreement or memorandum of understanding with any agency of the United States for coordination and designation of responsibilities related to the transfer of jurisdiction.

Source: SL 1975, ch 63; SL 2024, ch 3, § 1.

1-1-2. Federal jurisdiction over previously acquired land--Prior grants confirmed--Reserved jurisdiction to serve process.

Jurisdiction of the lands and their appurtenances which have been or may be acquired by the United States through donations from this state or other states or private persons or which may have been acquired by exchange, purchase, or condemnation by the United States for use of the Battle Mountain Sanitarium reserve in Fall River County; Fish Lake in Aurora County; Wind Cave National Park; the Badlands National Monument or park, and for other public purposes of the United States is hereby ceded to the United States and all such prior grants or donations of this state are hereby confirmed; provided however, that all civil or criminal process, issued under the authority of this state or any officer thereof, may be executed on such lands and in the buildings which may be located thereon in the same manner as if jurisdiction had not been ceded.

Source: SDC 1939, § 55.0107.

1-1-2.1. Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.

Concurrent jurisdiction over crimes and offenses under the laws of the State of South Dakota is hereby ceded to the United States over and within all the territory dedicated to national park, national memorial, and national monument purposes included in the tracts of land in South Dakota designated as:

(1)    Mount Rushmore National Memorial;

(2)    Badlands National Park;

(3)    Wind Cave National Park;

(4)    Jewel Cave National Monument.

Source: SL 1980, ch 8, § 1.

1-1-2.2. Vesting and duration of concurrent jurisdiction.

The concurrent jurisdiction ceded by § 1-1-2.1 shall be vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.

Source: SL 1980, ch 8, § 2.

1-1-2.3. Acceptance of retrocession of exclusive federal jurisdiction.

The consent of the state is hereby given to the retrocession of exclusive jurisdiction by the United States over lands owned by the United States within the boundaries of Badlands National Park. The Governor may accept retrocession of jurisdiction for the state.

Source: SL 1980, ch 8, § 3.

1-1-2.4. Memoranda of agreement.

Upon the establishment of concurrent jurisdiction, the appropriate county sheriffs with the approval of the appropriate state's attorneys will develop memoranda of agreement with the park superintendents of the national park service areas in South Dakota.

Source: SL 1980, ch 8, § 4.

1-1-2.5. Concurrent federal jurisdiction--Federal Prison Camp.

Pursuant to § 1-1-1, the people of this State, as expressed by their Legislature, hereby grants, to the United States, concurrent jurisdiction over those lands in Yankton County, South Dakota, known as the Federal Prison Camp. This grant of concurrent jurisdiction shall continue only so long as the United States owns and occupies such lands for such purposes and does not constitute a waiver of any state or local jurisdiction that the state or any local government may choose to exercise concurrently with federal jurisdiction.

Source: SL 1998, ch 4, § 1.

1-1-3. Consent to land acquisition by United States--Acreage limit.

The people of this state by their Legislature consent to the purchase or condemnation, by the United States, in the manner prescribed by law, of any tract of land within this state owned by any natural person or private corporation, required by the United States for any public building, public work, or other public purpose; provided that in the case of public buildings such tract shall not exceed ten acres in extent.

Source: SDC 1939, § 55.0102.

1-1-4. Jurisdiction of federally acquired land--Tax exemption.

Jurisdiction is ceded to the United States over any tract of land acquired under the provisions of § 1-1-3 to continue only so long as the United States shall own and occupy such tract. During that time the same shall be exempt from all taxes, assessments, and other charges levied or imposed under authority of the state.

Source: SDC 1939, § 55.0102.

1-1-5. Service of process on federally acquired land.

The consent and jurisdiction mentioned in §§ 1-1-3 and 1-1-4 are given and ceded upon the express condition that all civil and criminal process, issued from the courts of this state, may be served and executed in and upon any tract of land so acquired by the United States, in the same manner and by the same officers as if such purchase or condemnation had not been made, except insofar as such process may affect the real or personal property of the United States.

Source: SDC 1939, § 55.0102.

1-1-6. Consent to federal land acquisitions for conservation purposes--Reserved jurisdiction.

The consent of the State of South Dakota is hereby given to the acquisition by the United States by purchase, gift, or condemnation with adequate compensation, of such lands in South Dakota as in the opinion of the federal government may be needed for the establishment of national forests, the production of timber, the preserving of the navigability of navigable streams, or to prevent soil erosion, provided that the jurisdiction of South Dakota, both civil and criminal, over persons upon such lands shall not be affected or changed by their permanent reservation and administration for the purposes herein referred to, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State of South Dakota shall not by reason of such reservation and administration lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens, or be absolved for their duties as citizens of the state; and provided, that the State of South Dakota shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases and such criminal process as may issue under the authority of the State of South Dakota against any person charged with the commission of any crime within or without said jurisdiction may be executed thereon in like manner as if this statute did not exist.

Source: SDC 1939, § 55.0103.

1-1-7. Appraisal and sale of county land to United States for conservation purposes.

If any land in county ownership is desired by the United States for any of the purposes referred to in § 1-1-6, the commissioners of the county in which said land is situated may determine and appraise its value, and may submit a copy of said appraisal to the proper agency or officer of the United States. If the willingness of the United States to pay such appraised value is expressed by appropriate action of the authorized agency or officer, the said lands may be advertised and offered for sale in the manner provided by law; and if no acceptable and satisfactory bid in excess of said appraised value is received, the county commissioners may and they are authorized to sell said lands to the United States upon payment of the appraised and agreed value thereof.

Source: SDC 1939, § 55.0103.

1-1-8. Legislative power over federally acquired lands.

Power is hereby conferred upon the Congress of the United States to pass such laws and to make or provide for the making of such rules and regulations of both civil and criminal nature and provide punishment therefor, as in its judgment may be necessary for the administration, control, and protection of such lands as may from time to time be acquired by the United States under the provisions of §§ 1-1-6 and 1-1-7.

Source: SDC 1939, § 55.0103.

1-1-9. Map of federal acquisitions to be filed--Recording of evidence of title.

A map of any land acquired by the United States, under the provisions of this chapter, shall be filed and recorded in the Office of the Secretary of State and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases relating to the transfer of real property.

Source: SDC 1939, § 55.0104.

1-1-10. Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.

For the purpose of making surveys required by or essential to the effect of any acts of the United States Congress or of the Legislature of this state or for the determination of boundaries of real estate, any of the duly authorized officers or agents of the United States or of this state, or any engineer or land surveyor duly qualified or registered under the laws of this state, and the persons necessarily and lawfully employed in making any such survey may enter upon lands within the boundaries of this state for such purposes, but this section shall not be construed as authorizing any unnecessary interference with private rights. Nothing in this section shall be construed to permit any person to enter any shaft, tunnel, stope, or underground workings of any individual person engaged in mining for precious metals without consent of the owner or person in possession of such shaft, tunnel, stope, or underground working.

Nothing herein contained shall exempt any person from payment of actual damages done by him while upon such land.

Source: SDC 1939, § 55.0105.