2011 South Dakota Code
Title 43 PROPERTY
Chapter 25. Deeds And Conveyances
§43-25-18.1 Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose.

43-25-18.1. Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose. Notwithstanding the provisions of §§ 43-25-18 and 43-30-12, whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, or public purpose, with a condition subsequent annexed in the instrument of conveyance that in event the lands shall, at any time, cease to be held or used for the purpose set forth in such conveyance, title shall revert to the grantor or devisor or the heirs, and it appears in the judgment of the officers, trustees, or governing body of the grantee named in such conveyance that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for the purpose mentioned in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor or devisor, as set forth in such conveyance, may be prevented or defeated thereby, the grantee may file an action in the circuit court of the county in which the lands are situated, setting forth a correct description of such lands and the terms and conditions under which the lands are to be held or used, together with a comprehensive statement of the changed conditions and circumstances which render it impossible or impractical to continue to hold or use the lands for the purpose stated in the conveyance.

Source: SL 2005, ch 232, § 1.