Get Answers to Your Highest Priority South Dakota Legal Questions

Similar to the shareholders of a corporation, the owner of a South Dakota Limited Liability Company (LLC) is generally protected from personal liability for LLC debts and claims.

What this means is that if the business itself can't pay a creditor -- such as a lender or a landlord -- the creditor cannot come after the LLC owner's personal house, car, or other possessions.  In other words, the LLC owner stands to lose only the money that he's invested in the LLC. This advantage is known as "limited liability."

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In South Dakota, property that is transferred into a living trust before death doesn't go through the probate process.

The successor trustee -- the person named to manage the trust after the grantor's death -- simply transfers ownership to the beneficiaries named in the trust. 

No, South Dakota does not have an inheritance tax. The voters of South Dakota repealed the state inheritance tax effective July 1, 2001.

However, you should be aware that a person may be liable for state inheritance taxes imposed by another state if the person (1) changes their residency to a state with an inheritance tax prior to death; or (2) passes away owning real property in a state with an inheritance tax. 

The farm has long been the cornerstone of South Dakota history. None more perhaps than the farms that can be honored as South Dakota Century Farms. The families that own and work these farms have done so for one hundred years or longer.

If your family has retained ownership of a farm or ranch for 100 years or more in South Dakota, and if the farm consists of a minimum of 80 acres of the original farmland, you may be interested in having your farm designated as a Century Farm.

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According to the U.S. Department of Agriculture - National Agricultural Statistics Service (USDA/NASS), the majority of farm operators are between age 45 and 64. This aging trend in the agricultural industry is a growing concern.

In addition, the number of farms in South Dakota has steadily declined from 1982 to 2011. During this same time, the average farm size has increased. The concentration of large farms is an increasing challenge for beginning producers to purchase agricultural land.

The South Dakota Department of Agriculture’s (SDDA) Farm Link Program can assist the beginning farmer/rancher in their endeavor to find access to agricultural production land.

Farm Link began in 1993 and is a free service administered by the South Dakota Department of Agriculture in cooperation with the SDSU Ag Extension Services.

Farm Link creates a directory of beginning farmers and ranchers as well as a directory of current or retiring farmers and ranchers for the purpose of facilitating a skills mentoring and land transition relationship.

By working with established landowners, new and beginning farmer/ranchers can gain access to the land, resources, knowledge, skills, and support they need to make a successful start.

SDDA also offers financing programs to assist farmers, ranchers, and value added agriculture production or processing ventures to purchase land, machinery, equipment, or livestock. The Beginning Farmer bond program allows eligible beginning farm/ranchers to obtain lower interest rate loans for qualified purposes by obtaining loan funds from the proceeds of a tax exempt bond issued by the South Dakota Value Added Finance Authority (VAFA). The bond program also allows a land owner to contract sale land, improvements, breeding livestock, or other depreciable agricultural property to an eligible beginning farm/rancher thereby receiving a federal tax exemption on earned interest. Information and eligibility criteria for the VAFA and SDDA financing programs are available at http://sdda.sd.gov/farming-ranching-agribusiness/financial-assistance-programs/ or contact the Division of Agricultural Development at (605)773-5436.

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If you are a Beginning Farmer or Rancher:

Farm Link matches your interests with the farms and ranches in the Department of Agriculture's database. There is no maximum age definition to be a "beginning" farmer/rancher.

Through the Farm Link Program, the beginning farmer/rancher can benefit by:

• Gaining access to agricultural production land,
• Find help with financing, and
• Learning success tips from experienced landowners.

If you are a Landowner:
Farm Link can help match the characteristics of your farm or ranch with the interests of a beginning farmer or rancher in the Department of Agriculture's database.

Through the Farm Link Program, the landowner can benefit by:

• Ensuring the continuity of the farm/ranch family operation & legacy,
• Bringing fresh energy & strong hands to work on the farm,
• Promoting good land stewardship, and
• Ease the transition into retirement.

A general partnership is formed by default, whenever two people work together on a business in a way that indicates a partnership has been established. Some factors that indicate a partnership formation include: sharing of work, sharing of profits/losses, sharing of business capitalization, and holding the business out as a partnership to the general public. Of course, in addition to a partnership formed by action, a business can also file an official record indicating the formation of a general partnership.

In contrast to a general partnership, a limited partnership may only be formed through specific legal filings. These filings are known as a “certificate of limited partnership” and are filed with the South Dakota Secretary of State's Office. The name of the business organization must contain the words limited partnership, or an abbreviation such as LP. A limited partnership must also contain at least one limited partner and one general partner.

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In South Dakota, a violation of a "Stalking Protection Order" is a Class 1 misdemeanor punishable by up to one year in the county jail, a fine of $2000.00, or both.

In South Dakota, "stalking" is defined as willfully, maliciously, and repeatedly following or harassing another person, making a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or willfully, maliciously, and repeatedly harassing another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.

South Dakota law allows those who do not meet the definition of a "family or household member" to obtain a Stalking Protection Order.  Under this legal device, the Petition must allege either stalking behavior, physical injury as a result of an assault, or a crime of violence.

If your ex-spouse continues making prohibited contact with you, directly or indirectly, at your home, place of work, or any other place, after the Protection Order has been entered, contact 911 or your emergency police number for immediate assistance