Full question:
I am a German farmer, 37 years old, I live in Germany and farm there. I want to buy some farmland in South Dakota and in about 10 years I want to move over there and spend the rest of my life in South Dakota. Now I read on your homepage that foreigners can not buy more than 160 acres of land and that there are some more restrictions. Is there any way to buy more? I want to buy 320-640 acres in Brown County, South Dakota in the next years. Can other members of my family buy 160 acres each and than give it to me later?
- Category: Real Property
- Subcategory: Foreign Transactions
- Date:
- State: South Dakota
Answer:
The restriction on land ownership applies to non-citizens who are not residents of South Dakota. If a non-citizen resides in South Dakota, they may own property without being subject to this restriction. 'Reside' means to stay somewhere permanently or continuously and refers to one's legal domicile.
According to South Dakota statutes, any person, whether a citizen or an alien, can take, hold, and dispose of property in the state, except as outlined in SD Codified Laws § 43-2A-2. This law states that non-resident aliens cannot acquire more than one hundred sixty acres of agricultural land, with some exceptions for inheritance or security for debt. The restriction does not apply to citizens or those whose land ownership rights are secured by treaty.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.