STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 6, 1970

Bernard Linn, Commissioner
Department of School and Public Lands
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 70-9

Chapter 33, Session Laws of 1969 now found at §5-5-10.4 1969, setting minimum annual rental per acre

Dear Mr. Linn:

We have your request for an official opinion on the following:

"Beginning on March 2, 1970, the Department of School and Public Lands will offer for grazing lease approximately 70,000 acres of Common School, Indemnity, and Endowment Lands in 45 counties of the state.

"The lease lists indicate the minimum amount per acre for which the land can be offered for lease.

"Section 4 of Chapter 33 reads as follows:

'The Board of School and Public Lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the Board of School and Public Lands.'

"In fixing the minimum annual rental per acre, the following formula shall be used:

"The rental rate shall be multiplied by twelve (12) times the animal-unit-month carrying capacity of each section of land or portion thereof divided by the number of acres of such section or portion thereof . . ."

"The question is this: Does this formula set the rate at which the land must be offered? In other words, does it set both the minimum and the maximum at the same figure, or does the Board of School and Public Lands have the power to offer the land for lease at a rate higher than the minimum established by the formula?"

Webster's International Dictionary defines the word "minimum" when used as an adjective as, "lowest or least attainable." Words and phrases under the word "minimum" cites many cases to the same effect. One of these, Mennen Co. v.  Krauss Co. 37 F. Supp. 161, defines minimum as follows, "minimum means of the smallest possible amount or degree; least, smallest." We are of the opinion that the formula does not set the rate at which the land must be offered. It sets the very smallest rate at which the land must be offered. If the word minimum was left out of the statute then it would be mandatory that the amount arrived at by the use of the formula would be the annual rental, or on the other hand, if the statute contained the wording "minimum and maximum annual rental rate per acre" then it would be mandatory that the amount arrived at by the formula be used.

Respectfully submitted,

Gordon Mydland
Attorney General