STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

April 24, 1968

Honorable Lloyd Schrag
State Senator, District #13
Marion, South Dakota 57043

OFFICIAL OPINION NO. 67-68 pg. 472

Watershed Districts. Joint Tenants both considered landowners for voting on Watershed Districts.

You have presented the following factual situation to our office for an official opinion:

“Ch. 303, 1965 S. L. defines ‘landowner’ for the purposes of voting on watershed districts.”

You have asked the following question in regard to this statute:

“If a husband and wife are owners of 20 acres or more as joint tenants, would they both be considered as ‘landowners’ and therefore (both) be entitled to vote on a given issue affecting the District?”

The answer to your question is YES.

The statute reads as follows:

“Landowner” means a South Dakota resident owner of not less than ten acres of land, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing and proposed or existing watershed district provided, however, that if land is sold under a contract for deed, which is on record in the office of the register of deeds in the county wherein such land is situated, both the landowner and his individual purchaser of such land, as named in such contract for deed, shall be treated as a landowner.”

Joint tenancy is an estate in land owned by several persons equally. There are special rules pertaining to the creation and inheritance of the property, but they are not pertinent to this opinion.

Since both husband and wife are owners of the land, each is entitled to vote in watershed elections.