An Act to require legislative approval for the acquisition, sale, or exchange of real property by the Department of Game, Fish and Parks.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 41-2-19 be AMENDED:

41-2-19. The Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title.

Real property may not be accepted, received, or administered by the department until the attorney general certifies that the real property is free from any legal obligations, and the real property may not be accepted, received, or administered without specific approval by the Legislature.

Section 2. That § 41-2-20 be AMENDED:

41-2-20. Any personal property or buildings or fixtures on real estate, acquired pursuant to § 41-2-19, may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful and obtains the specific approval of the Legislature. The property shall must be sold according to procedures prescribed by the commissioner of the Bureau of Administration.

Section 3. That § 41-2-21 be AMENDED:

41-2-21. The Department of Game, Fish and Parks may acquire by any means or methods as specified in § 41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop and improve the property for such purposes.

Real property may not be accepted, received, or administered by the department until the attorney general certifies that the real property is free from any legal obligations, and the real property may not be accepted, received, or administered without specific approval by the Legislature.

Section 4. That § 41-2-29.1 be AMENDED:

41-2-29.1. The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such the real property is no longer needed for game, fish, or parks purposes and the department obtains the specific approval of the Legislature. Such The sale may be made only by the following procedure:

(1) At the full value established by a qualified appraiser employed by the department;

(2) For cash at public auction;

(3) Five days after the last of at least two publications of notice of the sale in at least three daily newspapers of the state. The publications shall disclose all details relative to the sale;

(4) Money received shall be deposited with the state treasurer and credited to the game, fish and parks fund;

(5) Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.

Section 5. That § 41-2-29.2 be AMENDED:

41-2-29.2. The Department of Game, Fish and Parks, in addition to or as an alternative to the requirements and methods specified in § 41-2-29.1, may trade or exchange real property owned by the state and held by the department if the real property is no longer needed for game, fish or parks purposes or if real property more suitable to department purposes may be obtained by an exchange. The exchange may be made only for other real property of equal value as determined by a qualified appraiser employed by the department. Conveyance shall must be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.

Real property may not be accepted, received, or administered by the department until the attorney general certifies that the real property is free from any legal obligations, and the real property may not be traded, accepted, received, or administered without specific approval by the Legislature.