South Dakota

South Dakota ranchers lose property tax suit

Published

3 years ago

June 5, 2022

South Dakota ranchers lose property tax suit

Meade County ranchers who sued the county over what they consider are excessive property taxes, lately discovered that they misplaced their case.

On Could 13, 2022, Decide Eric J. Strawn decided that the property taxes the appellants paid had been neither unconstitutional, nor was the information utilized incorrectly by the county. The decide identified that lots of the problems with concern would require legislative motion.

Invoice Kluck, of Mud Butte, South Dakota, was one of many appellants, underneath his ranch names Echo Farm and Cattle LLC, Sulphur Camp and Cattle Creek. The others had been Deb Nachtigall, Trask Actual Property, LP, and Jon Jordan. Kluck mentioned it looks like suing the state would have made extra sense since it’s state regulation that governs the style by which the county board of equalization assesses taxes, however on this case, suing the state was not an choice.

Tax formulation

He additionally mentioned that he realizes the County should comply with a protocol set forth in state regulation to find out taxes, however that the state has wiggle room to enhance its formulation as a result of a lot of their methodology is completed by way of guidelines and pointers and isn’t essentially set in codified regulation.

Meade County chief deputy states legal professional Ken Chleborad mentioned that the county maintains that “The legislature tells us what we have now to do. We’re informed what knowledge to make use of, and that’s the information we use. We apply it in a selected mathematical manner and it produces a selected end result.”

The ranchers consider the courtroom failed to contemplate a number of of their factors. Considered one of their major claims was that, though the state property tax, since 2008, has been thought of a “production-based” tax, it really shouldn’t be tied to manufacturing, they are saying. Kluck provides the instance that, in 1991, manufacturing worth of Meade County ag property was $60 per acre on common. In 2021, it was $416 per acre. “This is a rise of six to seven occasions. Did anybody’s manufacturing enhance this a lot?” he asks rhetorically. State statistics confirmed a 500-550 pound calf to be valued at $80.68 cwt in 1991, whereas in in 2021, the worth was $161.15 cwt, or solely about twice as a lot, far much less of a rise than the “manufacturing worth” of ag land.

Soil varieties

One other grievance is the truth that the state makes use of soil varieties as a part of the formulation to find out property taxes, and in some circumstances, then assumes the property proprietor ought to make the most of the “highest and greatest use” of the soil, relatively than utilizing his or her judgement of what works greatest on their operation. For instance among the “crop rated” soil shouldn’t be in a location the place it may be cropped, or is simply too small of a parcel to be cropped, or is in any other case unsuitable for cropping. Due to this fact the soil is used to provide grass, however is taxed at a better “crop” fee.

The state has a formulation it makes use of to find out the typical “manufacturing worth” of ag land in every county, which takes under consideration soil kind. Then the county makes use of soil kind when figuring out every landowners’ tax evaluation. “It’s such a nightmare for assessors,” mentioned Kluck. “I may need extra crop rated soils than my neighbor, nevertheless it won’t produce any extra. Nevertheless it’s assessed in another way.”

It was argued within the legislature this spring, and has been identified by ranchers together with Kluck that one level of rivalry is the “kind 4” soil which is taken into account for tax functions to be a “crop rated” soil, however in lots of circumstances shouldn’t be farmable.

Knowledge

Together with this, the ranchers within the swimsuit mentioned that correct knowledge is commonly unavailable or troublesome to acquire, and in these circumstances, the information that’s used is skewed or inaccurate. Kluck provides the instance that Meade County boasts about 2,100,000 acres of ag property. About 700,000 are crop rated, however solely about 300,000 are “cropped.” Most of those “cropped” soils are in perennial haycrops similar to alfalfa or tame grass, mentioned Kluck. In response to state statistics, solely about 30,000 of those acres are irrigated. But, “yields from the irrigated hay are utilized to the final accounting for cropped acres,” mentioned Kluck. In drought years similar to 2012 and 2021, when dryland yields had been little to nothing, the irrigated acres grow to be the one figures reported, which tremendously skews “manufacturing” knowledge for all “cropland” acres, he mentioned. “In 2012, a really dry yr, statistics confirmed spring wheat yields at 50 bu/acre, as a result of the one wheat reported was on irrigated soil. Please do not forget that crop yields are being utilized to about 400,000 crop rated soils which are in native grass or have returned to grass.”

Ag use gross sales

The swimsuit claimed that some gross sales being thought of “ag use gross sales,” that are affecting the worth of ag land, should not really ag gross sales. “In our testimony, we identified one property that offered for $16,900 per acre was thought of an ‘ag sale,’” mentioned Kluck. “I put property up for public sale that didn’t obtain a $525/acre common bid, nevertheless it was later deemed by the county to be valued at $1,100 per acre. Adjoining property offered for $469 per acre.”

Kluck mentioned he and the ranchers additionally argued that the regulation permits the state Division of Income to make use of AUMs, rental charges, and calf costs or a mixture, to determine grass rated soil’s worth. “Years in the past, NRCS helped me decide the suitable AUMs (animal models monthly) or carrying capability for my ranch. This may be an applicable technique to decide a production-based tax.”

State regulation says that NRCS knowledge will probably be used to find out manufacturing for every county (10-6-33.32). However within the trial, a witness for the state testified that NRCS knowledge couldn’t be used, mentioned Kluck.

Manufacturing

“One other side of ag manufacturing that the regulation doesn’t tackle is an general decline in manufacturing countywide,” Kluck mentioned. “NASS knowledge exhibits that in western South Dakota, dairy cow numbers have dropped from 70,000 in 1991 to 49 head in 2021 sheep numbers are about 1/3 what they had been in 1991, and hog numbers are about 1/10 of 1991 figures. Whole cattle numbers are down not less than 10 p.c, and precise cropped acres in Meade County are additionally down. All of this thought of, do you assume that on this 30-year interval, our manufacturing has elevated six to seven occasions? May confiscatory taxes be a part of the explanation for this decline? Do you assume the courtroom was biased to the county and state? We simply should not have the manufacturing to pay these taxes.”

One different necessary level Kluck mentioned the courtroom didn’t appear to take into accounts when making its ruling was the testimony of certainly one of its personal witnesses. “Dr. Elliott, the state agribusiness specialist underneath South Dakota State College extension, testified as a witness for the state. He testified that in his examine, commissioned by the South Dakota legislature, he discovered that Meade County assessments are 48 p.c increased than the statistics would assist, however this truth was not talked about within the courtroom’s findings.

Chleborad identified that within the decide’s “conclusions of regulation,” Decide Strawn mentioned, “The standard of knowledge from Dr. Elliott, NASS, or from another entity raised by appellants as statistically calculated, unverified, and in any other case inaccurate is a matter to be addressed with the legislature. The legislature has made no effort to direct Dr. Elliott or SDSU of their work, by statute, or by way of administrative guidelines. The legislature has mandated using these sources and the legislature can change that mandate.”

Tax Job Drive

As well as, rulings by the tax job drive are to be reviewed by the foundations and evaluation committee, and Jon Jordan testified that this isn’t taking place. This was additionally not talked about within the courtroom’s findings.

The decide in the end ordered that “the choice of the Meade County Board of Equalization relating to the assessed worth of the topic property is affirmed in all respects.”

Fall River County

Joe Falkenburg, chairman of the Fall River County Fee mentioned his fee lately accredited a decision asking Governor Noem to contemplate some adjustments to tax regulation. The decision is under.

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South Dakota

Noem’s former opponent heading back to Pierre as she prepares to leave • South Dakota Searchlight

Published

18 minutes ago

January 9, 2025

Press Room

Noem’s former opponent heading back to Pierre as she prepares to leave • South Dakota Searchlight

SIOUX FALLS — Three years ago, Kristi Noem kept her job in Pierre, and Jamie Smith left. Now the situation is reversed.

Kind of like Smith predicted.

“Everyone knew she had national ambitions,” he said Wednesday.

Smith, a Democrat, gave up his legislative seat in 2022 and ran against Noem, a Republican, who wound up winning a second term as governor.

Now Noem is preparing to leave South Dakota for Washington, D.C., where she is nominated to serve as secretary of Homeland Security under President-elect Donald Trump. Her nomination hearing is scheduled for next Wednesday.

Smith, meanwhile, won a state Senate seat in a Sioux Falls district during November’s election. He’ll go back to Pierre on Tuesday for the start of the annual legislative session, where he’ll serve as Senate assistant minority leader.

Addressing members of Change Agents at a Sioux Falls library, Smith acknowledged the challenges he and the other Democrats face in the Legislature. They’re outnumbered 96-9 by Republicans.

“We are very limited in what we can do this year, with the number of Democrats that we have in the Legislature,” Smith said. “We are essentially left playing defense.”

Democrats lose ground in Legislature, but pick up seat in longtime Republican district

Members of Change Agents, formed in 2021, say they support pragmatic candidates and oppose extremist rhetoric and policies. Founders include former Sioux Falls Mayor Rick Knobe, financial planner Mike Huber and entrepreneur Craig Brown.

After the meeting, Smith told South Dakota Searchlight why he came back to politics.

“Because I truly believe that I have the skills to try and help people,” he said. “I do believe that one person can make a difference for the people of South Dakota.”

Smith said finding ways to build relationships across the aisle will be crucial for Democrats this session, like the one he said he built with incoming Senate President Pro Tempore Chris Karr, R-Sioux Falls, based partly on a simple starting point.

“We share a birthday,” Smith said.

Outlining his priorities, Smith said he plans to introduce a bill that would end incarceration for drug ingestion in South Dakota. South Dakota’s ingestion law is the only one in the nation that allows prosecutors to charge people with felony drug possession for a failed drug test.

Instead, he advocates for expanding treatment programs and diversion efforts, calling incarceration for ingestion punitive and ineffective.

Smith also addressed his desire to amend the state’s abortion ban, his opposition to Noem’s $4 million proposal to fund private and homeschool education, and his resistance to raising sales taxes as a means of lowering property taxes.

South Dakota’s near-total abortion ban allows an exception only to save the life of the mother and lacks clear definitions, said Smith, who called the ban “cruel and unusual.”

“We need to stop it,” he said.

Smith said women’s health care is a top priority for Democrats, but they don’t currently have a bill to increase access to abortion. He said some members want to introduce bills to expand exceptions beyond the life of the mother, while others are arguing for a broader abortion access ballot measure. Voters rejected an abortion-rights measure in November.

Smith also criticized a proposal from some Republicans to reduce property taxes by increasing sales taxes, calling it a potentially unfair shift that could disproportionately impact low-income people.

Smith attacked Noem’s $4 million plan for education savings accounts, calling it a voucher program that would divert public dollars to private schools and homeschoolers. Smith said the program would lack accountability, because alternative schools and homeschoolers are not required to follow the same transparency, testing and other standards as public schools.

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South Dakota

Court documents reveal more details about the Yankton man accused of murder

Published

8 hours ago

January 8, 2025

Press Room

Court documents reveal more details about the Yankton man accused of murder

YANKTON S.D. (KTIV) -Court documents are now revealing more details about the man accused of murdering his girlfriend, last week.

In December of 2021, 32-year-old Craig Allen Nichols Jr. of Yankton, South Dakota was charged with four counts of felony aggravated assault and four counts of simple assault in Minnehaha County.

Craig Allen Nichols Jr. was arrested on several charges related to a death in Yankton, S.D.(Yankton County Sheriff)

Documents say Nichols reportedly used a taser to assault another man, resulting in injury. Nichols was found not guilty by reason of insanity in June of 2023 and then committed to the Human Services Center, located in Yankton, for treatment.

Records report Nichols was released from the center in August of 2024.

As previously reported, Nichols is charged with second-degree murder, first-degree manslaughter, and two counts of contempt of court, after he was taken into custody by Yankton officials and accused of murdering 41-year-old Heather Bodden on Thursday, January 2.

The investigation began after three women told police they found Heather Bodden’s body inside the East Meadow Apartments at 1001 Memory Lane.

As of now, the case remains under investigation.

A GoFundMe has been started for Bodden, which can be found online.

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South Dakota

College football QB transfer tracker: South Dakota State QB Mark Gronowski commits to Iowa

Published

16 hours ago

January 8, 2025

Press Room

College football QB transfer tracker: South Dakota State QB Mark Gronowski commits to Iowa

It’s both transfer season and bowl season in college football.

The poor timing of the sport’s calendar means that players need to enter the transfer portal immediately after the end of the season to enroll at a new school for the second semester. That means players across the country have to leave their current teams before a bowl game to find a new school. And that coaches have to both prepare their current players for a bowl game while also recruiting transfers for the 2025 season.

Here’s our tracker of notable QB transfers across college football ahead of the 2025 season.

SDSU’s Mark Gronowski commits to Iowa

Iowa has landed a top transfer quarterback.

Former South Dakota State QB Mark Gronowski told ESPN that he’s committing to the Hawkeyes for his final season of eligibility. Gronowski entered the transfer portal after coach Jimmy Rogers became the head coach at Washington State following SDSU’s FCS semifinal loss to national champion North Dakota State.

Gronowski has been one of the best players at the FCS level over the past three seasons. In 2024, he was 206-of-338 passing for 2,721 yards and threw 23 TDs with seven interceptions. He also rushed for 10 touchdowns. In his career, Gronowski has thrown for 93 TDs to just 20 interceptions and has also rushed for 37 scores.

Iowa has been looking for an upgrade at quarterback in recent seasons. The team added former Michigan QB Cade McNamara ahead of the 2023 season, but McNamara suffered a season-ending knee injury a season ago and also dealt with injuries during the 2024 season before entering the transfer portal again for a potential seventh season of college football.

Overall, Iowa quarterbacks McNamara, Brendan Sullivan and Jackson Stratton were 163-of-260 passing for 1,711 yards and 10 TDs with eight interceptions during the 2024 season. The Hawkeyes finished the season 8-5 after losing to Missouri in the Music City Bowl.

Malachi Nelson transferring to UTEP

Former five-star recruit Malachi Nelson is heading to UTEP.

Per ESPN, the former USC and Boise State quarterback will continue his college career with the Miners. Nelson was the No. 2 QB at Boise State this season after transferring from USC following his freshman season in 2023.

Through two seasons of college football, Nelson has played in four games. He threw three passes in one game at USC and was 12-of-17 for 128 yards and a pick in three games at Boise State. He’ll have three more years of eligibility remaining.

When he signed with USC, Nelson was the No. 4 pro style QB in the class of 2023 and the No. 14 player in the country.

Dequan Finn transferring to Miami (Ohio)

Dequan Finn is heading back to the MAC.

The former Toledo star is transferring to Miami (Ohio) after spending the 2024 season at Baylor. Finn was the 2023 MAC player of the year with the Rockets as he was 201-of-317 passing for 2,657 yards and 22 TDs along with 563 rushing yards and seven scores on the ground.

However, he played in just three games at Baylor in 2024 as Sawyer Robertson emerged as the team’s starting quarterback during the season. In limited playing time at Baylor, Finn was 23-of-43 passing for 307 yards and three touchdowns and two interceptions. He also rushed 21 times for 66 yards and two scores.

Finn will be in his seventh season of college football in 2025. He has an extra season of eligibility because of the COVID-19 pandemic and also played in just three games in 2019 and reportedly applied for a medical waiver for the 2025 season.

Beau Pribula to Missouri

After leaving Penn State ahead of the College Football Playoff, Beau Pribula has found his new home.

Pribula is set to transfer to Missouri, according to multiple reports on Sunday night. Pribula served as Drew Allar’s backup quarterback this season at Penn State, though Pribula announced that he was going to transfer away before the Nittany Lions’ blowout win over SMU in the first round of the playoffs. Allar announced he will return to Penn State next season, too.

Pribula will have two years of eligibility remaining at Missouri, where he’ll likely replace Brady Cook. Pribula, a former four-star recruit, went 26-of-35 for 275 yards with five touchdowns and an interception this season. He had 242 rushing yards and four touchdowns on 38 carries, too. Missouri also has Drew Pyne, who backed up Cook this past season, on its roster.

The Tigers went 9-3 this season, the fifth under coach Eli Drinkwitz. They will wrap up their season against Iowa in the TransPerfect Music City Bowl on Dec. 30.

Michigan adds Fresno State’s Mikey Keene

Michigan was looking for a veteran quarterback who might provide a one-year bridge to five-star recruit Bryce Underwood. The Wolverines found one with Fresno State transfer Mikey Keene, who has one more year of eligibility.

As a two-year starter for the Bulldogs, Keene threw for 5,868 yards and 42 touchdowns, completing 68.7% of his passes. He is also familiar with Michigan’s new offensive coordinator Chip Lindsey, whom he played under at UCF in 2022.

Michigan’s QB play has major room for improvement after the 2024 season. The Wolverines ranked near the worst in the nation in passing offense, averaging 133.6 yards per game and 5.5 yards per attempt.

Davis Warren threw for 1,126 yards, six touchdowns and nine interceptions in eight games, while Alex Orji and Jack Tuttle also started games last season. Orji has entered the transfer portal while Tuttle retired from football due to injury. Warren has a fifth year of eligibility remaining and could return. Redshirt freshman Jadyn Davis will also be in the QB mix with Underwood and Keene.

Fernando Mendoza to Indiana

After a huge season at Cal, Fernando Mendoza is headed to the Big Ten.

Mendoza committed to play at Indiana next season, according to ESPN’s Pete Thamel. Mendoza, who was one of the top quarterbacks available in the portal this offseason, threw for 3,004 yards and 16 touchdowns at Cal. His younger brother is a freshman quarterback at Indiana, too.

The Hoosiers are coming off of their best season in school history. They won a program high 11 games and reached the College Football Playoff, though they fell to Notre Dame in the opening round. Kurtis Rourke led the Hoosiers in his final college season, and he racked up 3,042 yards with 29 touchdowns and five interceptions.

Maalik Murphy transferring to Oregon State

Former Texas and Duke quarterback Maalik Murphy is heading west.

Murphy committed to Oregon State on Thursday according to multiple reports. He joins the Beavers after one season in Durham following his transfer from Texas.

Murphy was 254-of-421 passing for 2,933 yards and 26 TDs with 12 interceptions in 2024. He spent the 2023 season as Texas’ No. 2 quarterback and started in Quinn Ewers’ absence when Ewers suffered a shoulder injury. However, due to the timing of the transfer portal, he left the Longhorns before the College Football Playoff.

Murphy will have two seasons of eligibility with the Beavers. Oregon State went 5-7 in 2024 as three different quarterbacks played in at least five games.

After Murphy entered the transfer portal at the end of the season, Duke moved quickly to secure a commitment from Tulane’s Darian Mensah.

Liberty’s Kaidon Salter heads to Colorado

One of the most productive QBs in college football during the 2023 season is heading to Colorado.

Liberty’s Kaidon Salter committed to Colorado on Wednesday for his final season of eligibility. Salter had 44 total touchdowns in 2023 as Liberty went undefeated and won Conference USA before losing to Oregon in the Fiesta Bowl. Salter returned to Liberty for the 2024 season after he briefly entered the portal following the Fiesta Bowl loss.

Billy Edwards commits to Wisconsin

Former Maryland QB Billy Edwards said Monday that he was heading to Wisconsin. Edwards was 273-of-420 passing for 2,881 yards and 15 TDs with nine interceptions over 11 games in 2024. He also rushed for 148 yards and five touchdowns. Edwards appeared in 15 games over his first two seasons at Maryland before becoming the team’s primary QB in 2024.

Wisconsin is undergoing an overhaul at the QB position as the team made a coordinator change at the end of the season. QBs Braedyn Locke and Tyler Van Dyke have entered the transfer portal already. Locke was the team’s starter for most of the season after Van Dyke suffered a torn ACL against Alabama.

Wazzu QB John Mateer enters portal

Washington State QB John Mateer was one of the most dynamic players in college football in 2024. He’ll be playing at a new school in 2025.

Mateer is entering the portal after leading college football with 44 total TDs. He threw for 29 scores and rushed for 15 others as he had at least one passing TD and one rushing TD in 10 of Washington State’s 12 games.

Penn State QB Beau Pribula leaves team before playoff

The Nittany Lions will have a new backup behind Drew Allar for the College Football Playoff.

No. 2 QB Beau Pribula announced Sunday that he was entering the transfer portal ahead of the postseason. Pribula lamented the timing of his announcement because of college football’s calendar, and his sentiments were backed up by coach James Franklin, who said he supported his QB’s decision to find a new school.

Pribula’s decision to transfer came a day before Allar announced he will return to Penn State for the 2025 season.

Pribula saw significant playing time in 2024 behind Allar. He was 26-of-35 passing for 275 yards and five TDs and rushed 38 times for 242 yards and four scores while appearing in all 13 of PSU’s games.

Miller Moss will spend final season at Louisville

The Louisville Cardinals will likely have a one-year transfer starting at quarterback for a second straight season.

Former USC QB Miller Moss committed to the Cardinals on Saturday. Moss was USC’s starter for much of the season in 2024 before he was replaced by Jayden Maiava. Moss was 233-of-362 passing for 2,555 yards with 18 TDs and nine interceptions across nine games.

The Cardinals and coach Jeff Brohm got an up-close look at what Moss can do in the Holiday Bowl at the end of the 2023 season. With Caleb Williams opting out for the NFL Draft, Moss started the game and was 23-of-33 for 372 yards and six TDs.

Tyler Shough spent the 2024 season as Louisville’s starter after stints at Oregon and Texas Tech. In his seventh season of college football, Shough has completed 63% of his passes and thrown for 23 TDs and just six interceptions.

Ex-Stanford QB Ashton Daniels joins Jackson Arnold at Auburn

Auburn added a second starting QB in less than a week on Monday when Stanford’s Ashton Daniels committed to the Tigers. In 11 games in 2024, Daniels was 170-of-271 passing for 1,700 yards and 10 TDs with 12 interceptions. He also was the Cardinal’s leading rusher with 148 carries for 669 yards and three TDs.

Daniels has appeared in 33 games over his Stanford career and is 366-of-602 passing for 3,986 yards. His commitment came days after former Oklahoma QB Jackson Arnold committed to Auburn. The Tigers will have a new starter in 2025 after Payton Thorne is out of eligibility and Hank Brown transferred to Iowa.

Utah adds New Mexico QB Devon Dampier and OC

Dual-threat QB Devon Dampier is heading to Utah.

The Utes got a commitment from Dampier on Dec. 11 after the Utes hired former New Mexico offensive coordinator Jason Beck to call plays.

Dampier thrived under Beck in 2024 as one of the most underrated players in college football. Dampier was 226-of-390 passing for 2,768 yards and 12 touchdowns and 12 interceptions. He also rushed 155 times for 1,166 yards and 19 scores. He was the only player to rush for over 1,000 yards while throwing for over 2,500 yards this season.

Dampier is set to be the presumptive starter for the Utes as they attempt to rebound from a poor 2024. QB Isaac Wilson was the team’s primary starter after Cam Rising’s multiple injuries. Wilson was briefly in the transfer portal before recommitting to Utah.

Thomas Castellanos goes to Florida State

After an ignominious end to his Boston College career, Thomas Castellanos is heading to Florida State.

The former BC QB entered the transfer portal at the end of the season after he lost his starting job in November. Through eight games in 2024, Castellanos threw for 1,366 yards and 18 TDs.

But Castellanos’ season was effectively over after Grayson James replaced him in a win over Syracuse. Castellanos stepped away from the team after BC coach Bill O’Brien announced that James would remain the team’s primary QB and announced he was heading into the portal a short time later.

Texas A&M QB Conner Weigman heads to Houston

Conner Weigman decided to stay in Texas after transferring from Texas A&M.

The former Aggies starter committed to Houston after putting his name in the portal. Weigman was the team’s starting quarterback but lost his job to Marcel Reed during the Aggies’ comeback win over LSU.

A former four-star recruit, Weigman has dealt with injuries during each of the past two seasons. He missed time in 2024 because of a shoulder injury and played in just four games in 2023 before a foot injury sidelined him for the rest of the season.

Maalik Murphy transfers from Duke, Darian Mensah commits

Duke effectively made an early transfer portal QB trade once the 2024 season ended.

Starter Maalik Murphy entered the portal after one season with the Blue Devils. Just days after Murphy said he was transferring, Duke added former Tulane QB Darian Mensah.

Mensah was one of the top-rated QBs in the portal since he announced he was leaving Tulane two days after the AAC title game. He threw for over 2,723 yards and 22 TDs as a redshirt freshman in 2024.

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