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Attorney General Marty Jackley

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OFFICIAL OPINION NO. 75-05, Authority of the South Dakota State Fair Board to grant permission to Beadle County Commissioners to build a permanent building on the state fairgrounds to be used as office space for the county extension office and during the

January 23, 1975

Mr. Kermit Pearson, Manager 
South Dakota State Fair Board
Box 1275
Huron, South Dakota 57350

OFFICIAL OPINION NO. 75-5

Authority of the South Dakota State Fair Board to grant permission to Beadle County Commissioners to build a permanent building on the state fairgrounds to be used as office space for the county extension office and during the fair period house 4-8 exhibits

Dear Mr. Pearson:

You have inquired as to the authority of the State Fair Board to grant per­ mission to Beadle County Commissioners to build a permanent building on the state fairgrounds to be used as office space for the county extension of­fice and during the fair period house 4-H exhibits. You have inquired specifically: "Is action other than approval of the board necessary for this construction?"

SDCL 1-21-6 vests in the State Fair Board supervision and control of the state fairgrounds. § 1-21-7 grants the board power to contract and be con­tracted with, to purchase, hold and sell property. § 1-21-8 gives the board the duty of preserving, protecting the buildings, trees and grounds and other property placed under its care.

These statutes, in my opinion, vest in the Fair Board the discretion to make such use of the fairgrounds as will most adequately serve the state of South Dakota in matters relating to the state fair. It is my opinion therefore that the approval of the board, taking into consideration all aspects of the situa­tion, would be a valid exercise of their discretion.

I call your attention to SDCL 1-24, involving the joint exercise of governmental powers between public agencies and would suggest that before any arrangement is finally entered into, the provisions of this act be complied with, even though, as you state, you are not considering any funding toward this construction project.

This opinion does not go to the question of whether or not it would be per­missible for the Beadle County Commissioners to construct such a project on lands owned by the state of South Dakota, but I would assume the Com­missioners would clear this matter with their state's attorney before pro­ceeding with the project.

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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