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43-4-21. Imposition and amount of real estate transfer fee. A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.
But the Fifth Amendment places two strict limits on eminent domain. First, private property can be taken only for ?public use,? or public works projects, like roads and bridges. Second, even if a property is taken for a public use, the owner must be paid ?just compensation.?
Eminent domain is the right of governments like the United States to usurp private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
In South Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
A contract for deed is a contract where the seller remains the legal owner of the property and the buyer makes monthly payments to the seller to buy the house. The seller remains the legal owner of the property until the contract is paid.