ENTITLED An Act to modify restrictions on lands for certain public purposes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 43-25-18.3 be AMENDED:

43-25-18.3. If, upon the hearing in an action pursuant to § 43-25-18.1, it appears to the satisfaction of the court that the allegations in the action are true and that, because of changed conditions or circumstances since the execution of an instrument of conveyance, it is impossible or impractical to continue to hold or use the lands for the purpose set forth in the instrument, the court may:

(1) Enter a decree modifying, in whole or in part, any direction, limitation, or restriction established by the grantor of the instrument, so that the real property may be administered, managed, or pledged in any manner the court determines necessary to effectively accomplish, as near as possible under existing conditions, the general benevolent, charitable, educational, religious, or other public purpose set forth in the instrument; or

(2) Authorize the grantee to sell the lands for the highest price obtainable, and direct that the proceeds of the sale of the lands be reinvested in a manner consistent with the purpose set forth in the original instrument.

An Act to modify restrictions on lands for certain public purposes.