S.D. Codified Laws § 47-22-68.8
Judicial determination that required restrictions would be contrary to charter
Sections 47-22-68.2 to 47-22-68.7 , inclusive, shall not apply to any corporation to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of any instrument described in § 47-22-68.2 and that such instrument may not properly be changed to conform to §§ 47-22-68.2 to 47-22-68.7 , inclusive.
Source: SL 1972, ch 244, § 3.