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

465U0028   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 ecosystem; or
            (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.