South Dakota Code § 41-2-34.1

Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised
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An amount equal to thirty
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five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition of land made pursuant to this section may be accomplished through the state's power of eminent domain.

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