An Act to modify provisions related to the annexation of unplatted territory or agricultural land.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 9-4-5 be AMENDED:
9-4-5.
No such resolution
describing unplatted territory
therein,
or describing a parcel or contiguous parcels owned by a common
landowner that are greater than twenty acres and used for
agricultural purposes,
may be adopted
until it has been approved by the board of county commissioners of
the county wherein such unplatted territory is situate
without the consent of the landowner.
For the purposes of this section,
the
term "unplatted
territory
is"
means any land
which
that has not
been platted by a duly recorded plat
or any agricultural land as defined in 10-6-110.
For the purposes of this section, land is used for agricultural purposes if:
(1) At least fifty percent of the land is devoted, for intended profit, to:
(a) The raising and harvesting of crops, timber, or fruit trees;
(b) The rearing, feeding, or management of farm livestock, poultry, fish, or nursery stock;
(c) The production of bees and apiary products; or
(d) Horticulture; or
(2) The land is woodland, wasteland, or pastureland and is held and operated in conjunction with land used for one of the purposes set forth in subsections (1)(a) to (1)(d), inclusive, of this Act, and is under the same ownership.