This bill clarifies South Dakota's rules on foreign ownership of agricultural land by specifying that foreigners can own up to 160 acres (with some exceptions for land held as collateral for debt) but face no restrictions on leasing land or holding easements. The bill also details what happens when these rules are broken—land owned illegally is forfeited to the state, illegal leases are terminated, and minority owners who violate the rules lose their ownership share plus face additional civil penalties.
This bill does not directly amend codified state law.
The amendment removes the exemption for agricultural land acquired by devise or inheritance from the 160-acre ownership limit for foreign entities, thereby **strengthening** the restriction on foreign agricultural land ownership by closing a loophole that previously allowed foreign persons to own unlimited acreage through inheritance. The amendment also updates the reference to federal law from January 1, 2024 to January 1, 2026 in the reporting requirements section.
Signed by the Governor S.J. 529
Delivered to the Governor S.J. 510
Signed by the Speaker H.J. 543
Signed by the President S.J. 485
House of Representatives Do Pass Passed, YEAS 65, NAYS 2. H.J. 515
Agriculture and Natural Resources Do Pass Passed, YEAS 9, NAYS 0. H.J. 35
Agriculture and Natural Resources Scheduled for hearing H.J. 1
First read in House and referred to House Agriculture and Natural Resources H.J. 53
Senate Do Pass Passed, YEAS 32, NAYS 0. S.J. 60
Agriculture and Natural Resources Certified uncontested, placed on consent S.J. 1
Agriculture and Natural Resources Do Pass Passed, YEAS 7, NAYS 0. S.J. 1
Agriculture and Natural Resources Scheduled for hearing
First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 10
Do Pass
Agriculture and Natural Resources — Do Pass
Do Pass
Agriculture and Natural Resources — Do Pass