State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE BILL NO. 1007
Introduced by: Representatives Schaefer, Cronin, and Peterson and Senators Rhoden and
Frerichs at the request of the Agricultural Land Assessment Implementation
and Oversight Advisory Task Force
FOR AN ACT ENTITLED, An Act to restrict the term of conservation easements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Conservation easement," any nonpossessory interest in real property which is
executed by or on behalf of the owner of the land and is binding upon successive
owners of the land, imposing limitations or affirmative obligations for conservation
purposes or to preserve the historical, architectural, archaeological, or cultural aspects
of real property;
(2) "Conservation purposes," any of the following activities:
(a) Preserving land areas for outdoor recreation by, or the education of, the
general public; or
(b) Protecting a relatively natural habitat of fish, wildlife, or plants or similar
(c) Preserving open space, including farmland and forest land.
Section 2. No conservation easement, as defined by section 1 of this Act, created after
July 1, 2013, may be for a period of more than thirty years.