State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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924U0001
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SENATE BILL NO. 6
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Introduced by: Senators Rhoden, Frerichs, and Sutton and Representatives Peterson, Cronin,
and Schaefer at the request of the Agricultural Land Assessment
Implementation and Oversight Advisory Task Force
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FOR AN ACT ENTITLED, An Act to determine whether factors affecting productivity should
be applied if the actual use of agricultural land does not correspond to the soil classification
standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-6-33.31 be amended to read as follows:
10-6-33.31. Before July first each year, the secretary of revenue shall annually provide each
director of equalization the agricultural income value for each county as computed pursuant to
§ 10-6-33.28. The director of equalization shall annually determine the assessed value of
agricultural land. The assessed value of agricultural land may be adjusted by the following
factors affecting productivity:
(1) The capacity of the land to produce agricultural products as defined in § 10-6-33.2;
and
(2) The location, size, soil survey statistics, terrain, and topographical condition of the
land including the climate, accessibility, and surface obstructions.
Each adjustment shall be documented. The director of equalization may document an
adjustment by using data from sources reasonably related to the adjustment being made. In
addition, the director of equalization may use data from comparable sales of agricultural land
to document the adjustment concerning productivity for any of the factors listed in this section.
If the actual use of agricultural land varies from the land use category specified by soil
classification standards, the property owner may request an examination of the land by the
director of equalization. The director of equalization shall make a determination of whether to
adjust the assessed value of the agricultural land pursuant to the factors listed in subdivision (2).