10-4-2. Definition of real property for ad valorem taxation purposes.

Real property, for the purposes of ad valorem taxation, includes:

(1)    Land and all rights and privileges thereto belonging;

(2)    Improvements to land and all rights and privileges thereto belonging, consisting of items permanently affixed to and becoming part of the real estate. The term, permanently affixed, refers to the economic life of the improvement rather than perpetuity;

(3)    Mines, minerals, and quarries;

(4)    Buildings and structures which are on foundations, and improvements to buildings and structures including any heating system, air conditioning, ventilation, sanitation, lighting, or plumbing which is part of the building or structure; and

(5)    Mobile homes as defined in subdivision 32-3-1(8) which are on foundations.

For assessment purposes, a structure is anything constructed or erected from an assembly of materials, which requires a permanent location on or in the ground.

For assessment purposes, a building is a structure designed to stand permanently and cover a space of land which is enclosed by walls and is covered with a roof.

Source: SDC 1939, § 57.0312; SL 1974, ch 88, § 3; SL 1987, ch 29, § 3; SL 1992, ch 74, § 1; SL 1997, ch 51, § 1.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.1. Improvements on leased sites taxed as real property--Collection of delinquent taxes.

Buildings and improvements on leased sites are classified for tax purposes and are taxed as real property. Delinquent taxes on these buildings and improvements shall be collected as provided for the collection of taxes on manufactured homes pursuant to chapter 10-22.

Source: SL 1978, ch 72, § 4; SL 1982, ch 87; SL 1992, ch 80, § 12.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.2. Personal property defined for ad valorem taxation.

Personal property for the purpose of ad valorem taxation is all property not included within the definition of real property. Tools, implements, machinery, or equipment used in the business, production, trade, processing, or manufacturing activities are personal property.

Source: SL 1992, ch 74, § 2; SL 1997, ch 51, § 2.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.3. Portable livestock shelters not real property.

Real property as defined in § 10-4-2 does not include portable livestock shelters.

Source: SL 1993, ch 78.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.4. Manufactured homes and mobile homes as real property.

Real property, for the purposes of ad valorem taxation, includes manufactured homes as defined in subdivision 32-3-1(6) and mobile homes as defined in subdivision 32-3-1(8). This section does not apply to any manufactured home in the inventory of any dealer as defined in subdivision 32-7A-1(2).

Source: SL 1997, ch 52, § 1; SL 1998, ch 49, § 1; SL 1999, ch 83, §§ 2, 4, 7, 10; SL 2015, ch 61, § 1.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.5. Transfer or reassignment of manufactured home classed as real property--Affidavit requirement.

Any transfer or reassignment of a manufactured home classified as real property pursuant to § 10-4-2.4 shall be accompanied by an affidavit, issued by the county treasurer of the county in which the manufactured home is assessed, stating the real property taxes that are due and payable at the time of transfer have been paid in full. No title may be transferred unless the real property taxes under §§ 10-9-3 and 10-21-4 are paid.

Source: SL 1997, ch 52, § 2; SL 2018, ch 59, § 1.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.6. Sale of manufactured home or mobile home by licensed dealer--Reporting requirements.

If a manufactured home or mobile home is sold by a licensed manufactured home dealer, the dealer shall complete the manufactured home listing form, as prescribed by the secretary of revenue, and send the completed form to the director of equalization of the county in which the manufactured home was delivered. The form shall be sent within thirty days after the delivery of the manufactured home.

Source: SL 1997, ch 52, § 3; SL 1998, ch 49, § 2; SL 1999, ch 83, §§ 3, 5, 8, 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2015, ch 61, § 2.



SDLRC - Codified Law 10-4-2 - Definition of real property for ad valorem taxation purposes.

10-4-2.7. Manufactured home reclassified as exempt.

If a manufactured home being sold is reclassified as exempt property, in addition to taxes due and payable at the time of the sale, the current year's real property taxes shall be paid at the time of title transfer.

Source: SL 2018, ch 59, § 6.