CHAPTER 4

(HB 1297)

Legislature must authorize transfers of real property
to the federal government.


         ENTITLED, An Act to  restrict the alienation of public state real property to the federal government.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  Neither the State of South Dakota nor any of its state agencies may transfer title to any real property in this state to the federal government or any federal agency unless the Legislature has granted its explicit authorization by prior legislation.

     Section  2.  The provisions of section 1 of this Act do not apply:

             (1)    If the transfer is the result of an eminent domain proceeding; or

             (2)    If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent domain proceeding would be justified; or

             (3)    If the transfer involves less than forty acres of unimproved land or less than five hundred thousand dollars worth of improved real estate; or

             (4)    If the transfer involves the trade of tracts of land of substantially equal value between the state government or any of its entities and the federal government or any of its entities.

     Signed March 9, 2004.
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