State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

924U0001   SENATE BILL   NO.  6  

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
 

        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).