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FOX v. KNEIP

No. 12084.

260 N.W.2d 371 (1977)

Lloyd FOX and Howard Jensen, Plaintiffs and Respondents, v. Richard F. KNEIP, George Kane, and Alice Kundert, as members of the Board of School and Public Lands, and George Kane, as Commissioner of School and Public Lands, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 7, 1977.

Rehearing Denied January 18, 1978.

Attorney(s) appearing for the Case

Donn Bennett, of Mueller & Bennett, Belle Fourche, for plaintiffs and respondents.

Doyle E. Estes, Asst. Atty. Gen., Pierre, for defendants and appellants; William J. Janklow, Atty. Gen., Pierre, on the brief.

MORGAN, Justice.

In 1972 the Commissioner of School and Public Lands having noted that by application of the legislative mandated minimum bid formula (SDCL 5-5-10.1 to 10.4) the school and public lands across the state were being leased for about the same amount per acre as the counties were asking the state to pay in lieu of taxes, and having determined that the formula result did not approximate the fair market value of the leases, unilaterally applied a 50% increase...

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