This bill modifies South Dakota law to allow courts to change or remove restrictions on donated land when those restrictions become impractical due to changing circumstances. Courts can now either modify how the land is used (while still serving its original charitable or public purpose) or authorize its sale with proceeds reinvested according to the donor's original intent.
The amendment simplified the language in the law governing how courts can modify restrictions on charitable and public lands by removing redundant phrases and archaic terms (like "such" and "shall"), while also clarifying that proceeds from land sales must be reinvested "in a manner consistent with the purpose" rather than specifically "in other lands suitable for the use"—NARROWING the court's flexibility in how sale proceeds must be deployed. The substantive change weakens the original flexibility by making reinvestment requirements less tied to the specific use originally contemplated and more tied to the general purpose instead.
Signed by the Governor H.J. 562
Delivered to the Governor H.J. 520
Signed by the President S.J. 470
Signed by the Speaker H.J. 492
Senate Do Pass Passed, YEAS 20, NAYS 13. S.J. 430
Senate Deferred to another day S.J. 411
Senate Deferred to another day S.J. 396
Judiciary Do Pass Passed, YEAS 6, NAYS 1. S.J. 29
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 170
House of Representatives Do Pass Passed, YEAS 46, NAYS 19. H.J. 195
House of Representatives Remove from Consent Calendar H.J. 182
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 12, NAYS 0.
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 113
Prime sponsor · Rep.
R
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass