South Dakota Codified Laws 34A-17-2. Definitions
In this chapter:
(1) “Activity and use limitations,” means restrictions or obligations created under this chapter with respect to real property;
Terms Used In South Dakota Codified Laws 34A-17-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) “Agency,” means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created;
(3) “Common interest community,” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;
(4) “Environmental covenant,” means a servitude arising under an environmental response project that imposes activity and use limitations;
(5) “Environmental response project,” means a plan or work performed for environmental remediation of real property and conducted:
(A) Under a federal or state program governing environmental remediation of real property, including chapter 34A-10;
(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(C) Under a state voluntary clean-up program;
(6) “Holder,” means the grantee of an environmental covenant as specified in § 34A-17-3(a);
(7) “Person,” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(8) “Record,” used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(9) “State,” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source: SL 2005, ch 196, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.