Section 46A-7A-159 - Procedures for wildlife habitat loss mitigation--Land acquisition. - South Dakota Statutes

46A-7A-159. Procedures for wildlife habitat loss mitigation--Land acquisition. In developing plans for irrigation, landowners shall give primary consideration to avoiding adverse impacts on wildlife habitat. Mitigation plans developed by the district in cooperation with holders of title to district lands shall include evaluation of enhancement opportunities and possible methods of finance and implementation. The district may establish a pooling program through which the use of mitigation lands and mitigation costs may be shared by holders of title to district lands. Mitigation measures on private land shall be described in a recorded document if the land is retained in private ownership. Maximum practicable use shall be made of existing public lands through cooperative programs. Acquisition of private lands for mitigation shall be minimized and, if necessary, shall be from willing sellers. However, acquisition of land for mitigation may be by condemnation if determined to be necessary and in the public interest by the state board.

Source: SL 1985, ch 360, § 159.