43-2A-6. Violation--Forfeiture to state--Enforcement--Impact on title.

Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated.

The attorney general shall enforce the forfeiture or the termination of a lease or easement. A forfeiture or a termination of a lease or easement may not be adjudged unless the action to enforce is brought within three years after evidence of a violation of this chapter is referred to the attorney general, as provided for in § 43-2A-6.1. No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or interested person.

Source: SL 1979, ch 291, § 6; SL 2024, ch 176, § 6.



SDLRC - Codified Law 43-2A-6 - Violation--Forfeiture to state--Enforcement--Impact on title.

43-2A-6.1. Violation--Investigation--Subpoena power.

The Department of Agriculture and Natural Resources shall refer evidence of noncompliance to the attorney general, who shall investigate the evidence for violations of this chapter. The attorney general may bring an action pursuant to title 15 to enforce this chapter.

After the attorney general commences an enforcement action, the attorney general may, in addition to any authority granted under §§ 15-6-28.2 to 15-6-28.4, inclusive, subpoena from a subject foreign entity, foreign government, foreign person, or prohibited entity:

(1)    Real property titles;

(2)    Deeds;

(3)    Real estate transaction documents;

(4)    Financing or financial documents related to the ownership or financing of the agricultural land transaction;

(5)    Documents depicting the identity of any party to the agricultural land transaction; and

(6)    Any other information necessary to demonstrate a violation of § 43-2A-2.

Source: SL 2024, ch 176, § 7.



SDLRC - Codified Law 43-2A-6 - Violation--Forfeiture to state--Enforcement--Impact on title.

43-2A-6.2. Violation--Burden of proof.

The attorney general shall prove any violation of § 43-2A-2 by a preponderance of the evidence.

Source: SL 2024, ch 176, § 8.



SDLRC - Codified Law 43-2A-6 - Violation--Forfeiture to state--Enforcement--Impact on title.

43-2A-6.3. Violation--Appeal.

A foreign entity, foreign government, foreign person, or prohibited entity, whose agricultural land interest was forfeited by an enforcement action brought by the attorney general, may appeal within thirty days of the judgment, pursuant to chapter 15-26A.

Source: SL 2024, ch 176, § 9.