STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 29, 1971

Ralph Ginn
Commissioner of School and Public Lands
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 71-32

Membership on the Board of Appraisal

Dear Mr. Ginn:

You have submitted the following factual information:

SDCL 13-3-43 reads as follows:

The term of any person serving as county superintendent of schools as of the first Monday of June, 1971 shall terminate and the office shall no longer be in existence; nor shall any person hereafter be nominated or elected under the provisions of Chapter 12-10 for election to the office of county superintendent of schools.

Our rules and regulations governing the sale of school lands, makes reference to the Board of Appraisal consisting of the Commissioner of School and Public Lands, the State Auditor, and the County Superintendent of Schools of the county where the land is located, as provided for in Article VIII, Sec. 4 of the Constitution.

When preparing for sale of schools lands, official notice of a meeting of the Constitutional Board of Appraisal is sent to the board members by the Commissioner of School and Public Lands. Reports of the designation and appraisal and the minutes of the meeting of the Constitutional Board of Appraisal are signed by the Board and filed in this office.

When a request has been made by the Department of Highways, or by a county for property for highway right of way, certain form letters are addressed to the County Superintendent of Schools of the county wherein the land is situated for execution as a member of the Board of Appraisal and returned to this office.

Based on the above information, you have asked the following questions:

1. Who serves on the board of appraisal to appraise all school lands within the several counties and in the selection and designation of such lands as to value and terms of sale?

2. Who serves on the board of appraisal for highway right of way taking from school and endowment lands?

3. Is the Department of School and Public Lands to assume the County Auditor is to replace the County Superintendent of Schools on the board of appraisal for school and endowment lands and address all correspondence pertaining to this duty to the County Auditor?

Article VIII, Sec. 4 of the South Dakota Constitution reads in part as follows:

... The commissioner of school and public lands, the state auditor and the county superintendent of schools of the counties severally, shall constitute boards of appraisal and shall appraise all school lands with in the several counties which they may from time to time select and designate for sale, at their actual value under the terms of sale ...

Article IX, Sec. 5 of the South Dakota Constitution reads in part as follows:

... In each organized county at the first general election held after the admission of the state of South Dakota into the Union, and every two years thereafter, there shall be elected a clerk of the court, sheriff, county auditor, register of deeds, treasurer, state's attorney, and coroner whose terms shall be two years, and there may also be elected a county superintendent of schools, on a nonpolitical ballot, for a term of two years ...

SDCL 5-9-3 reads as follows:

For each county there is hereby created a board of appraisal consisting of the commissioner of school and public lands, the state auditor, and the county superintendent of schools. Whenever the board of school and public lands shall direct the selection of lands in any county to be offered for sale, the board of appraisal shall select the quantity required and designated for sale each tract. Such board of appraisal shall take care to select and designate for sale first the most valuable lands, and shall ascertain all such lands as may be of special and peculiar value other than agricultural and cause the proper subdivision of the same, in order that the highest price may be obtained therefor.

SDCL 13-3-42 reads as follows:

The state board of education is hereby authorized to provide for the necessary educational supervision of the schools and school personnel in the remaining common school districts and the private schools of such county, and the county auditor is hereby authorized and designated to act in such capacity when necessary for all other responsibilities, powers, duties, or activities of the county superintendent of schools of his office as provided in law.

In answer to your question No.1, it is my opinion that since Article VIII, Sec. 4 of the South Dakota Constitution specifically designates the Commissioner of School and Public Lands and the State Auditor and the County Superintendent of Schools of the county to constitute a board of appraisal, no other persons can serve on such board, and since Article IX, Sec. 5 of the South Dakota Constitution provides that it is discretionary whether or not a county superintendent of schools be elected and since SDCL 13-343 eliminates the office of county superintendent of schools as of the first Monday of June, 1971, after such date only the Commissioner of School and Public Lands and the State Auditor will constitute the Board of Appraisal.

In answer to your question No.2, SDCL 31-20-3 reads as follows:

For the purpose of ascertaining the value of the land taken pursuant to sections 31-20-1 and 31-20-2 for any such proposed highway, the state board of appraisal provided for in Article VIII of the state constitution, when directed to do so by the board of school and public lands, shall proceed carefully to inspect and view such lands and appraise the value per acre, at not less than the minimum price fixed by the Constitution, together with any damages the state may sustain by reason of the location of such highway.

Based on the above statute, it is my opinion that the Board of Appraisal provided for in Article VIII of the South Dakota Constitution and referred to in answer to question No. 1, would consist, after the first Monday of June, 1971, of the Commissioner of School and Public Lands and the State Auditor.

In answer to your question No.3, it is my opinion that since SDCL 13-3-42 provides that the county auditor is authorized and designated to act in the capacity of county superintendent of schools, all notices and correspondence sent to and filed with the county superintendent of schools may now be sent to and filed with the county auditor.

Respectfully submitted,

Gordon Mydland
Attorney General