Detailed answer — how the law treats co-owned farmland and your main options

Start with basics: identify ownership, titles, and any prior agreements

Before pursuing any formal remedy, collect the deed(s), wills or probate paperwork, farm leases, mortgages, easements, and any written co-ownership agreements. These documents determine ownership shares and may limit remedies (for example, a buy-sell agreement or right-of-first-refusal can control transfers).

Voluntary solutions (usually fastest, cheapest)

• Negotiated sale and split proceeds. All owners agree to sell the property on the open market and split net proceeds according to ownership shares.
• Buyout by one or more co-owners. One or more owners purchase the others’ shares at an agreed price based on an appraisal. You can structure payments over time.
• Divide the land (partition in kind by agreement). If the farm can be physically divided into economically and practically workable pieces, owners may agree to split acreage so each gets their own parcel.
• Mediation or arbitration. Neutral third-party mediators or arbitrators can help reach a settlement on division, buyout formula, or sale terms. Mediation is confidential and often preserves relationships.

Judicial remedies — when negotiation fails

If owners cannot reach agreement, South Dakota law allows an interested owner to ask the court to partition the property. A partition action asks the circuit court in the county where the land is located to divide or sell the property and distribute proceeds. For general statute collections on civil actions and probate matters, see the South Dakota Codified Laws: Title 21 (Civil actions) and Title 29A (Probate and decedents’ estates):
SDCL Title 21 (Civil Actions) and
SDCL Title 29A (Probate).

How a court handles a partition case

Typical outcomes in a partition action:

• Partition in kind (division). The court orders a physical division if it can be done fairly without damaging the value. Courts prefer in-kind divisions when feasible.
• Partition by sale. If a fair physical division is impractical (common with single tracts or farms where splitting hurts value), the court orders the property sold. A commissioner or sheriff often handles the sale and the court divides proceeds after paying liens, costs, and expenses.
• Appraisal and buyout orders. The court may order appraisals and give co-owners a chance to buy out others at court-determined value.

Practical consequences of a judicial partition

• Partition actions can take months to years, depending on complexity and appeals.
• Court costs, appraisal fees, and legal fees will reduce net proceeds.
• The court’s sale process may yield a lower price than a well-managed private sale.

Other legal considerations unique to farmland

• Existing leases and crop seasons. Farm leases or crops in the ground affect timing and who receives rent or crop-share proceeds on sale.
• Government programs and conservation easements. CRP, conservation easements, or USDA program participation can limit buyers and change values.
• Mortgages and liens. Liens must be satisfied from sale proceeds in most partition sales.
• Tax consequences. Selling farmland or transferring interests may trigger capital gains, estate tax, or other tax implications. Consult a tax advisor.

When to hire counsel

If voluntary resolution fails, if ownership is disputed, or if complex issues (liens, leases, federal program constraints, or large estates) exist, consult an attorney familiar with South Dakota real property and probate law. An attorney can file a partition action, seek interim relief (like appointment of a receiver to manage the farm), and present valuation and sale procedures to the court.

Typical process and timeline (example)

Hypothetical: Three heirs own a 160-acre farm equally. One heir wants to sell; others want to keep it. Steps might include:

1. Gather deeds, mortgage statements, lease agreements, and relevant wills.
2. Order one or more appraisals to set market value.
3. Attempt mediation or propose a buyout based on appraisal.
4. If no agreement, file a partition action in the circuit court where the land sits. The court may order appraisals and try to divide the land; if division is impractical, it will order sale and distribution of net proceeds according to shares after paying liens and costs.

Time: negotiated buyout — weeks to months; court partition — several months to 1+ year depending on disputes.

Where to file and resources

Partition actions normally go to the South Dakota circuit court in the county where the land is located. For court information and local filing procedures see the South Dakota Unified Judicial System: ujs.sd.gov. For statutory texts and research, visit the South Dakota Legislature statutes pages above.

Costs and who pays

The court typically orders that sale costs, unpaid property taxes, and reasonable expenses of partition (appraisers, commissioners, advertising, and sometimes attorneys’ fees if equitable) be paid from sale proceeds before dividing the remainder among owners. That reduces each owner’s net share.

Final takeaway

Try voluntary resolution first: appraisal + mediation + buyout or negotiated sale often saves time and cost. If that fails, a partition action in circuit court can force division or sale. Evaluate the economics (value vs. legal costs) before filing. When in doubt, speak with a South Dakota real property attorney to review documents, explain local court practice, and estimate likely outcomes.

Disclaimer: This article is for general information only and does not create an attorney-client relationship. This is not legal advice. Consult a licensed attorney in South Dakota about your specific situation.

Helpful Hints

• Collect deeds, wills, mortgage statements, lease agreements, and any written co-ownership agreements before talking to an attorney.
• Order a current, independent appraisal early to frame realistic buyout or sale expectations.
• Consider mediation—neutral facilitators often preserve value and family relationships at much lower cost than court.
• Ask how existing crop leases, CRP enrollment, or easements affect sale timing and value.
• Remember that a court-ordered sale can be quicker in resolving conflict but often yields lower proceeds because of legal costs and forced-sale conditions.
• Get a tax advisor involved early to estimate capital gains, estate, and other tax impacts of selling or transferring land.
• If one owner is farming the land, discuss fair compensation for labor and improvements during negotiations or ask the court to account for use and improvements in a partition action.