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Enacted

South Dakota House Bill 1107 authorizes courts to modify restrictions on restricted public-purpose lands

Original title: modify restrictions on lands for certain public purposes.

Last action · March 12, 2026: Signed by the GovernorSponsors: Mike Stevens and 4 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

South Dakota House Bill 1107 allows courts to modify deed restrictions or authorize land sales for restricted public-purpose properties when changed conditions make original terms impractical. The measure applies to real property held for benevolent, charitable, educational, religious, or other public purposes.

Why it matters

Property owners and organizations holding restricted land gain legal pathways to repurpose or sell assets when original grantor limitations become unworkable due to changed circumstances.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Property grantees

Grantees holding restricted lands gain legal authority to petition courts for property sales or restriction modifications.

Directly affected

Charitable, educational, and religious organizations

Organizations managing restricted assets gain flexibility to administer or reinvest property when original conditions change.

Key Facts

  • Courts may enter a decree modifying deed directions, limitations, or restrictions if changed conditions make original property uses impossible or impractical.
  • Modified property management must effectively accomplish the original benevolent, charitable, educational, religious, or public purpose as closely as possible.
  • Courts may authorize grantees to sell restricted lands for the highest obtainable price.
  • Sales proceeds from restricted lands must be reinvested in a manner consistent with the original instrument's purpose.
Show all 5 facts
  • The law amends South Dakota Codified Law § 43-25-18.3.

Frequently Asked Questions

What happens if a property can no longer be used for its originally intended charitable purpose?
A court may modify the restrictions on the property or authorize its sale so proceeds can be reinvested consistently with the original purpose.
Who decides whether property restrictions can be changed?
A court determines whether changed conditions make it impossible or impractical to hold or use the lands for the purpose set forth in the instrument.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

16 actions
  1. Mar 12, 2026HouseEnrolled
    Signed by the Governor
  2. Mar 5, 2026HouseEnrolled
    Delivered to the Governor
  3. Mar 4, 2026Senate
    Signed by the President
  4. Mar 3, 2026House
    Signed by the Speaker
  5. Mar 2, 2026SenateFloor
    Do Pass
  6. Feb 26, 2026Senate
    Deferred to another day
Show 10 earlier actions
  1. Feb 25, 2026Senate
    Deferred to another day
  2. Feb 24, 2026SenateCommittee
    Do Pass
  3. Feb 24, 2026Senate
    Scheduled for hearing
  4. Feb 3, 2026SenateIntroduced
    First read in Senate and referred to
  5. Feb 2, 2026HouseFloor
    Do Pass
  6. Jan 29, 2026House
    Remove from Consent Calendar
  7. Jan 28, 2026House
    Certified uncontested, placed on consent
  8. Jan 28, 2026HouseCommittee
    Do Pass
  9. Jan 28, 2026House
    Scheduled for hearing
  10. Jan 22, 2026HouseIntroduced
    First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Motion succeededHouse2/2/2026South Dakota LegislatureOfficial roll call ↗

Do Pass

Total

70

Yes
46
No
19
Present
0
Not voting
0
Abstain
0
Other positions
5

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Chief Clerk, South Dakota Legislature
PersonChief Clerk“Legislative official certifying the origin of the bill”Map →
OrganizationSouth Dakota Legislature“The legislative body passing House Bill 1107”Map →

Sources

Open source document

sdlegislature.gov

Analysis Score

0–100
  • Significance45
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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