STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

May 13, 1974

George D. Kane
Commissioner of School and Public Lands
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-16

No authority for state to pay for are-survey of school land sold.

Dear Mr. Kane:

You have submitted the following factual situation:

A request has been made that the Department of School and Public Lands survey land sold in 1973, to establish quarter corners. Original field notes are available in this office and on request can be provided to the purchasers of said land. No re-surveys have been paid for in the past by this Department. All land sold is described as a legal subdivision and advertised prior to sale as provided by law. The state does not own land adjoining the subdivision in question nor is it interested in buying said land.

You have requested an opinion on the following specific question.

Is the state obligated to pay for a new survey to determine original survey notes in our office?

I find no specific statutory provisions in SDCL 5-9 that would require that the state re-survey state land prior to, during or after a sale of such land. It is my opinion, therefore, that the answer to your specific question is, NO. You are aware, too, that SDCL 5-1-10 to 5-1-12 provides for public inspection and copying of all original field notes, maps, surveys, etc., in the Commissioner's Office.

Respectfully submitted,

Kermit A. Sande
Attorney General