SD Secretary of State ► Elections & Voter Registration ► Past Elections ► 1994 Election Information ► Ballot Questions Tex and Explanations - Amendment A

Constitutional Amendment A

Title:

An amendment to section 9 of Article VIII of the Constitution of the state of South Dakota, relating to the taxation of leased school and public lands.

Explanation:

The Commissioner of School and Public Lands leases state lands to individuals for agricultural purposes. The proposed amendment would allow the Legislature to pass laws requiring a person leasing lands from the Commissioner, to pay property taxes on his/her interest in the leases.

A vote "YES" will allow taxation of private leases on state-owned lands.
A vote "NO" will leave the Constitution unchanged.

Full Text of Constitutional Amendment A:

That section 9, Article VIII of the Constitution of the state of South Dakota be amended to read as follows:

9. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.

Provided, that any lessee of school and public lands shall, at the expiration of a five-year lease, be entitled, at his option, to a new lease for the land included in his original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his lease that such lease will expire.

Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his lease describing the lands for which he desires a new lease, in the same manner as the same is described in his original lease.

The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.

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