South Dakota Codified Laws 54-13-2. Agriculture mediation program–Purposes–Administration
The Department of Agriculture and Natural Resources shall administer an agricultural mediation program to:
(1) Provide mediation to borrowers and creditors seeking to resolve credit disputes;
Terms Used In South Dakota Codified Laws 54-13-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) Provide federal land mediation to individuals or organizations seeking to mediate disputes with federal land management agencies concerning decisions made by those federal agencies; and
(3) Provide oil and gas mediation to individuals or organizations seeking to mediate disputes over surface damages related to oil or gas development.
The secretary of the Department of Agriculture and Natural Resources shall promulgate rules, pursuant to chapter 1-26, necessary for mediation, federal land mediation, and oil and gas mediation including the establishment of fees, training requirements for mediators and ag finance counselors and their certification, mediation request forms, and any other mediation procedures as may be necessary for the prompt and expeditious mediation of agriculture related disputes, including the receipt of funds pursuant to the Agricultural Credit Act of 1987, as of January 1, 2015.
The agricultural mediation program may not, as a condition to mediation, require that any party waive any respective legal or equitable remedies or rights.
Source: SL 1988, ch 384, § 2; SL 1991, ch 394, § 3; SL 2001, ch 259, § 2; SL 2012, ch 236, § 1; SL 2013, ch 241, § 2; SL 2015, ch 203, § 27; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.