South DakotaCourts may adjust land limits when public uses become impractical
South Dakota law lets courts change restrictions on land given for public purposes when changed circumstances make its stated use impossible or impractical.
What it does
When changed circumstances make the land's stated public use impossible or impractical, a court may change its restrictions or allow a sale. Sale money must support the original purpose.
Argument forCourts may adjust land restrictions when changed circumstances make the original use impractical, helping the land continue to serve its stated public purpose.
Argument againstSelling land could end its use at that location, even though the sale money must be reinvested for the purpose named in the original deed.
More detail
A court may change land restrictions or allow the land to be sold. This applies to land conveyed for a benevolent, charitable, educational, religious, or other public purpose. The court must find that the claims in the case are true and that changed circumstances since the land was conveyed make its stated use impossible or impractical. If the court allows a sale, it must require the land to be sold for the highest price obtainable and the money to be reinvested for the original purpose.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 12Signed by the Governor Larry Rhoden on 2026-03-12 H.J. 562Became Law
- Mar 5Delivered to the Governor on 2026-03-05 H.J. 520To Governor
- Mar 4Signed by the President S.J. 470Major
- Mar 3Signed by the Speaker H.J. 492Major
- Mar 2Senate Do Pass , Passed, YEAS 20, NAYS 13 S.J. 430Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Feb 26Senate Deferred to another day , Passed, S.J. 411
- Feb 25Senate Deferred to another day , Passed, S.J. 396
- Feb 24Judiciary Do Pass , Passed, YEAS 6, NAYS 1 S.J. 29Minor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 24Scheduled for hearing
- Feb 3First read in Senate and referred to Senate Judiciary S.J. 170Minor
- Feb 2House of Representatives Do Pass , Passed, YEAS 46, NAYS 19 H.J. 195Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Jan 29Remove from Consent Calendar H.J. 182
- Jan 28Certified uncontested, placed on consent , Passed,
- Vote recorded Do Pass. Result: pass.Lower
- Jan 28Judiciary Do Pass , Passed, YEAS 12, NAYS 0Minor
- Jan 28Scheduled for hearing
- Jan 22First read in House and referred to House Judiciary H.J. 113Introduced
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