Changes to Existing Law

26.614.9 26.614.10 101st Legislative Session 1107 2026 South Dakota Legislature House Bill 1107 Introduced by: Representative Stevens Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify restrictions on lands for certain public purposes. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 43-25-18.3 be AMENDED: 3 43-25-18.3. If, upon the hearing in an action pursuant to § 43-25-18.1, it appears 4 to the satisfaction of the court that the allegations in the action are true and that, because 5 of changed conditions or circumstances since the execution of such an instrument of 6 conveyance, it is impossible or impractical to continue to hold or use the lands for the 7 purposes limited in such conveyance and that the religious, educational, charitable, 8 benevolent, or public object of the grantor, as set forth in such conveyance, may be 9 defeated thereby, a decree may be entered authorizing purpose set forth in the 10 instrument, the court may: 11 (1) Enter a decree modifying, in whole or in part, any direction, limitation, or restriction 12 established by the grantor of the instrument, so that the real property may be 13 administered, managed, or pledged in any manner the court determines necessary 14 to effectively accomplish, as near as possible under existing conditions, the general 15 benevolent, charitable, educational, religious, or other public purpose set forth in 16 the instrument; or 17 (2) Authorize the grantee to sell such the lands for the highest price obtainable, and 18 directing direct that the proceeds of the sale of such the lands shall be reinvested 19 in other lands suitable for the use or a manner consistent with the purpose set 20 forth in the original conveyance, subject instrument. 26.614.10 2 1107 HB1107 ENROLLED An Act to any reversionary interest or other 21 interest modify restrictions on lands for certain public purposes. I certify that the attached Act originated in the: House as Bill No. 1107 Chief Clerk of the original conveyance instrument. 22 House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1107 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State