S.D. Admin. R. 74:05:07:19
If the right of use or control of real property not owned by the sponsoring entity is essential to the operation of the facility during the life of the funding agreement, this right must be evidenced by written agreements between the owner or owners of the property and the sponsoring entity or by a final judgment entered by the circuit court in a condemnation action. Lease agreements may not contain provision for restricted use of the facility or forfeiture or cancellation clauses except upon mutual agreement of all the parties to the lease and written approval of the board or its designated representative. Lease agreements must be written for a term at least equal to the normal anticipated life of the project or facility. The board shall approve or disapprove such lease agreements.
S.D. Admin. R. 74:05:07:19
General Authority: SDCL 46A-1-65.
Law Implemented: SDCL 46A-1-61, 46A-1-63.1, 46A-1-64.