SD SB40

Prohibited entities cannot own, lease, or hold easements on agricultural land in South Dakota, with limited exceptions for agricultural research leases (up to 320 acres) and contract livestock feeding operations

Foreign entities, governments, and persons (excluding prohibited entities) are limited to owning no more than 160 acres of agricultural land, though land held as security for debt is exempt

Agricultural land owned in violation is forfeited to the state, and violating leases/easements are terminated; enforcement actions must be brought within three years of evidence being referred to the attorney general

Persons required to file reports with USDA under the Agricultural Foreign Investment Disclosure Act must also file copies with the South Dakota Department of Agriculture and Natural Resources

Failure to file required reports may result in civil penalties up to 10% of the fair market value of the agricultural land interest, deposited into the state general fund