South Dakota § 5-5-31 Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.

South Dakota Statutes

§ 5-5-31 — Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.

South Dakota § 5-5-31

Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Ch. 5-5AGRICULTURAL AND GRAZING LEASES OF SCHOOL AND PUBLIC LANDS

This text of South Dakota § 5-5-31 (Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 5-5-31 (2026).

Text

Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate a person to represent the owner, the new lessee or purchaser shall nominate a person to represent the lessee or purchaser, and the two nominees shall nominate a person to serve on the board. The county auditor shall appoint these three persons as a board. The commissioner of school and public lands shall provide the board with an itemized list of each permitted improvement. Each improvement shall be appraised based on the original cost basis less any depreciation as determined by the board. The original cost of th

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Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate a person to represent the owner, the new lessee or purchaser shall nominate a person to represent the lessee or purchaser, and the two nominees shall nominate a person to serve on the board. The county auditor shall appoint these three persons as a board. The commissioner of school and public lands shall provide the board with an itemized list of each permitted improvement. Each improvement shall be appraised based on the original cost basis less any depreciation as determined by the board. The original cost of the improvement may include only the actual out-of-pocket expenses paid by the lessee for the improvement. The original cost may not include the amount of any grant, subsidy, or contribution toward the expense of the improvement from another source. The board shall file with the county auditor an itemized report of the appraisal, signed by at least two members of the board. The county auditor shall keep a record of the appraisement. The board shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal. The members of the board are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of the board's duties or responsibilities. Nothing in this section may be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.