South Dakota Code § 5-5-21

Action to enforce prohibition against subletting--Disposition of proceeds
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Any action to enforce the provisions of §
5-5-20
shall be prosecuted by the state's attorney of the county, if the state's attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The gross amount awarded by the court shall be paid to the commissioner and credited to the same account and in the same manner as the lease rental on the lands is credited.

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