This bill amends South Dakota law to restrict the ability of property owners to impose contracts or declarations that prohibit the use of commercial property for healthcare services in specific areas. The amendment to section 11-5-3 clarifies that such contracts or declarations can be enforced by any person with an interest in the affected property or by the municipality where the property is located. Additionally, it establishes that any contract or declaration that violates the new provisions is not enforceable.

The new section added to chapter 11-5 explicitly states that property owners in municipalities or townships with populations of less than three thousand, or in areas designated as medically underserved, cannot restrict the use of their commercial property for healthcare services. The bill defines "healthcare service" broadly to include any service provided by accredited or licensed facilities or practitioners aimed at addressing health-related conditions. This legislation aims to enhance access to healthcare services in underserved areas by preventing restrictive property agreements.

Statutes affected:
Introduced, 01/21/2026: 11-5-3