S.D. Codified Laws § 43-28-15 — SD Code / Title 43 / Chapter 28 / Section 43-28-15
Constructive notice of execution of instrument affecting real property to purchasers or encumbrancers subsequent to recording
Status: in_force

The recording and deposit of an instrument, proved and certified according to the provisions of §§ 18-4-17 to 18-4-20 , inclusive, and §§ 43-28-8 and 43-28-10 , are constructive notice of the execution of such instrument to all purchasers or encumbrancers subsequent to the recording.

Source: CivC 1877, § 674; CL 1887, § 3296; RCivC 1903, § 989; RC 1919, § 595; SDC 1939, § 51.1621.
S.D. Codified Laws § 43-39-12.1 — SD Code / Title 43 / Chapter 39 / Section 43-39-12.1
Abandonment of animal left with veterinarian--Notice to owner--Disposition--Liability
Status: in_force

Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner's agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given the owner or owner's agent at such person's last known address shall be considered to be abandoned and may be turned over to the nearest humane society or disposed of as the licensed veterinarian considers proper. The giving of notice to the owner or the owner's agent, of such animal by the licensed veterinarian as provided in this section shall relieve the licensed veterinarian in whose custody such animal has been placed from any liability for such disposal.

Source: SL 1986, ch 313, § 7.
S.D. Codified Laws § 43-4-25 — SD Code / Title 43 / Chapter 4 / Section 43-4-25
Disposition of proceeds of real estate transfer fee collections--Records of register
Status: in_force

The proceeds of all fees collected under § 43-4-21 shall be remitted on a monthly basis to the credit of the county general fund by the register, who shall obtain a receipt therefor from the county treasurer and keep such records as may be prescribed by the state auditor general.

Source: SL 1968, ch 27, § 4; SL 1972, ch 232, § 2.
S.D. Codified Laws § 43-41B-4 — SD Code / Title 43 / Chapter 41B / Section 43-41B-4
Travelers checks and money orders
Status: in_force

(a) Any sum payable on a travelers check that has been outstanding for more than fifteen years after its issuance is presumed abandoned unless the owner, within fifteen years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.

(b) Any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than three years after its issuance is presumed abandoned unless the owner, within three years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.

(c) A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose a charge and the issuer regularly imposes such charges and does not regularly reverse or otherwise cancel them.

(d) No sum payable on a travelers check, money order, or similar written instrument, other than a third-party bank check, as described in subsections (a) and (b), may be subjected to the custody of this state as unclaimed property unless:

(1) The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this state;

(2) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the travelers check, money order, or similar written instrument was purchased; or

(3) The issuer has its principal place of business in this state, the records of the issuer show the state in which the travelers check, money order, or similar written instrument was purchased and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

(e) Notwithstanding any other provisions of this chapter, subsection (d) applies to sums payable on travelers checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state.

Source: SL 1992, ch 312, § 4; SL 1993, ch 326, § 1; SL 2012, ch 209, § 2.
S.D. Codified Laws § 43-7-2 — SD Code / Title 43 / Chapter 7 / Section 43-7-2
Classification of estates in real property
Status: in_force

Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution.

Source: CivC 1877, § 222; CL 1887, § 2738; RCivC 1903, § 245; RC 1919, § 315; SDC 1939, § 51.0403.
S.D. Codified Laws § 43-19-2 — SD Code / Title 43 / Chapter 19 / Section 43-19-2
Unidentified section corners upon public highways--Location by township board of supervisors
Status: in_force

Whenever section corners upon the public highways cannot be identified the township board of supervisors may, without previous vote of the township meeting, have such corners located by a competent surveyor and cause landmarks similar to those described in § 43-19-1 to be erected at such corners so established.

Source: SL 1890, ch 35, § 4; RPolC 1903, § 1153; RC 1919, § 6143; SDC 1939, § 58.1203.
S.D. Codified Laws § 43-8-8.1 — SD Code / Title 43 / Chapter 8 / Section 43-8-8.1
Estate at will--Commercial property--Termination by notice
Status: in_force

A tenancy or other estate at will for a commercial property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month.

Source: SL 2024, ch 178, § 2.
S.D. Codified Laws § 43-5-9 — SD Code / Title 43 / Chapter 5 / Section 43-5-9
Limitation of actions to void existing instruments
Status: in_force

If no action or proceeding has been instituted by July 1, 1984, to declare void any instrument which existed prior to July 1, 1983, under the provisions of this chapter as it existed prior to July 1, 1983, then all such instruments shall be interpreted under this chapter 43-5 .

Source: SL 1983, ch 304, § 5.
S.D. Codified Laws § 43-34-9 — SD Code / Title 43 / Chapter 34 / Section 43-34-9
Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product
Status: in_force

In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof, in place of the product.

Source: CivC 1877, § 597; CL 1887, § 3220; RCivC 1903, § 913; RC 1919, § 515; SDC 1939, § 51.1206.
S.D. Codified Laws § 43-5-6 — SD Code / Title 43 / Chapter 5 / Section 43-5-6
Distribution according to intent of creator
Status: in_force

If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have not by the terms of the instrument become distributable or vested shall then be distributed as the court having jurisdiction directs, giving effect to the general intent of the creator of the trust or other instrument.

Source: SL 1983, ch 304, § 2.
S.D. Codified Laws § 43-13-19 — SD Code / Title 43 / Chapter 13 / Section 43-13-19
Severance of wind or solar energy rights limited
Status: in_force

No interest in any resource located on a tract of land and associated with the production or potential production of energy from wind or solar power on the tract of land may be severed from the surface estate as defined in § 45-5A-3 , except that such rights may be leased for a period not to exceed fifty years. Any such lease is void if no development of the potential to produce energy from wind or solar power has occurred on the land within five years after the lease began. The payment of the lease shall be on an annual basis.

Source: SL 1996, ch 260, § 4; SL 2017, ch 188, § 4.
S.D. Codified Laws § 43-32-13 — SD Code / Title 43 / Chapter 32 / Section 43-32-13
Modification of lease--Written notice by landlord, effect--Termination by tenant
Status: in_force

In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.

Source: CivC 1877, § 261; CL 1887, § 2777; RCivC 1903, § 284; RC 1919, § 354; SDC 1939, § 38.0417; SL 1980, ch 298.
S.D. Codified Laws § 43-15A-15 — SD Code / Title 43 / Chapter 15A / Section 43-15A-15
Deposit and expenditure of fees
Status: in_force

The fees collected in this chapter shall be deposited and expended according to the rules promulgated pursuant to chapter 1-26 by the Real Estate Commission.

Source: SL 1975, ch 270, § 20; SL 1986, ch 302, § 84.
S.D. Codified Laws § 43-31-11 — SD Code / Title 43 / Chapter 31 / Section 43-31-11
New homestead--Extent of exemption
Status: in_force

The new homestead shall in all cases be exempt to the same extent and in the same manner as the old or former homestead was exempt.

Source: SL 1874-5, ch 37, § 13; PolC 1877, ch 38, § 13; CL 1887, § 2461; RPolC 1903, § 3229; RC 1919, § 464; SDC 1939, § 51.1714; SL 1961, ch 263.
S.D. Codified Laws § 43-11-9 — SD Code / Title 43 / Chapter 11 / Section 43-11-9
Beneficial power defined
Status: in_force

A power is beneficial when no person other than its holder has by the terms of its creation any interest in its execution.

Source: CivC 1877, § 303; CL 1887, § 2819; RCivC 1903, § 326; RC 1919, § 395; SDC 1939, § 59.0408.
S.D. Codified Laws § 43-41B-14 — SD Code / Title 43 / Chapter 41B / Section 43-41B-14
Property held by courts and public agencies
Status: in_force

Intangible property held for the owner by a court, federal, state, or other government, governmental subdivision or agency or entity, public corporation, public authority, or public officer of this state which remains unclaimed by the owner for more than one year after becoming payable or distributable is presumed abandoned.

Source: SL 1992, ch 312, § 13.
S.D. Codified Laws § 43-25-30 — SD Code / Title 43 / Chapter 25 / Section 43-25-30
Easements passed by transfer of real property to which they are attached
Status: in_force

A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.

Source: CivC 1877, § 627; CL 1887, § 3248; RCivC 1903, § 941; RC 1919, § 547; SDC 1939, § 51.1413.
S.D. Codified Laws § 43-28-9 — SD Code / Title 43 / Chapter 28 / Section 43-28-9
Acknowledgment of instrument by married woman
Status: in_force

A conveyance or other instrument executed by a married woman has the same effect as if she were unmarried and may be acknowledged in the same manner.

Source: SL 1881, ch 2, § 2; CL 1887, § 3282; RCivC 1903, § 975; RC 1919, § 581; SDC 1939, § 51.1624.
S.D. Codified Laws § 43-45-1 — SD Code / Title 43 / Chapter 45 / Section 43-45-1
Scope of exemptions of personal property
Status: in_force

Except as hereinafter provided, the property mentioned in this chapter is exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court.

Source: CCivP 1877, § 322; CL 1887, § 5126; RCCivP 1903, § 344; RC 1919, § 2657; SDC 1939, § 51.1801.
S.D. Codified Laws § 43-31-26 — SD Code / Title 43 / Chapter 31 / Section 43-31-26
Recording of certified copy of order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead
Status: in_force

A duly certified copy of such order shall be recorded in the office of the register of deeds of the county where such homestead, or any part thereof, is located.

Source: SDC 1939, § 51.1704.
S.D. Codified Laws § 43-15A-28 — SD Code / Title 43 / Chapter 15A / Section 43-15A-28
Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency
Status: in_force

Any vertical and horizontal property regime established pursuant to former chapter 43-15 , or any condominium established pursuant to chapter 43-15A recorded before January 1, 1992, in the office of the register of deeds of the county in which the land is located, which was in compliance with former chapter 43-15 or chapter 43-15A , respectively, is hereby declared to be valid.

If any person had any vested right in any real property conveyed under either of said chapters, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is located, a notice of the pendency of such action, in accordance with the provision of chapter 15-10 .

Source: SL 1980, ch 294, § 21; SL 1992, ch 307, § 52.
S.D. Codified Laws § 43-17-36 — SD Code / Title 43 / Chapter 17 / Section 43-17-36
Promulgation of rules for safe use of stream
Status: in_force

The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish criteria, standards, and requirements for appropriate gates, switchbacks, or other devices that permit safe use of the stream and passage of boats, canoes, or other vessels, pedestrians, and snowmobiles in accordance with § 43-17-35 .

Source: SL 1990, ch 349, § 2.
S.D. Codified Laws § 43-22-10 — SD Code / Title 43 / Chapter 22 / Section 43-22-10
Use of terms on maps, reports of survey, or other documents--Limitation
Status: in_force

The use of the term, South Dakota state plane coordinate system, on any map, report of survey, or other documents, is limited to coordinates based on the South Dakota state plane coordinate system as defined in this chapter.

Source: SL 1947, ch 231, § 7; SDC Supp 1960, § 18.0307; SL 1988, ch 349, § 8; SL 2022, ch 163, § 7.
S.D. Codified Laws § 43-30-12 — SD Code / Title 43 / Chapter 30 / Section 43-30-12
Exceptions to application of chapter
Status: in_force

This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any life estate or trust created within twenty - three years prior to the date of an affidavit made and recorded as prescribed by § 43-30-7 , right founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitation, or conditions subsequent in any deed.

Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
S.D. Codified Laws § 43-28-2 — SD Code / Title 43 / Chapter 28 / Section 43-28-2
Instruments which may be recorded without acknowledgment or further proof
Status: in_force

The following instruments may be recorded without acknowledgment or further proof:

(1) Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered;

(2) Patents to real estate from the United States and final certificates from the United States land offices, or copies of the same duly certified by the commissioner of the general land office or his successor;

(3) Patents issued by the State of South Dakota or copies of the same duly certified by the commissioner of school and public lands;

(4) Contracts for the sale of lands of the State of South Dakota, or copies of the same duly certified by the commissioner of school and public lands;

(5) Notices of pendency of action signed by attorneys of record in the action in which such notices are entitled;

(6) Affidavits of identity of persons or places as to the homestead character of real estate as provided in § 43-28-4.1 ;

(7) Certificates of discharge of veterans as defined by § 33A-2-1 and of all persons who have served in the military forces of the United States or of any of its allies in any war in which the United States has engaged, or copies of such papers certified or authenticated in the manner prescribed by the statutes of the United States or regulations of the military department thereof;

(8) Affidavits or other recordable documents specifying the labor or improvements, or compliance requirements arising under federal law on mining claims.

Source: CivC 1877, § 647; SL 1879, ch 47, § 1; CL 1887, § 3268; RCivC 1903, § 961; SL 1905, ch 149; RC 1919, § 569; SL 1921, ch 351; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, § 51.1603; SL 1990, ch 351, § 1; SL 1994, ch 338, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 43-25-10 — SD Code / Title 43 / Chapter 25 / Section 43-25-10
Use of word "grant" in conveyance--Implied covenants, action to enforce
Status: in_force

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied unless restrained by express terms contained in such conveyance:

(1) That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;

(2) That such estate is, at the time of the execution of such conveyance, free from encumbrances done, made, or suffered by the grantor, or any person claiming under him.

Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

Source: CivC 1877, § 628; CL 1887, § 3249; RCivC 1903, § 942; RC 1919, § 548; SDC 1939, § 51.1415.
S.D. Codified Laws § 43-46-3 — SD Code / Title 43 / Chapter 46 / Section 43-46-3
Proof of insufficient other property of deceased joint owner to pay debts
Status: in_force

In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in § 43-46-2 , the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at the time of his death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased joint owner's estate within thirty days from the date of his death, there shall be a presumption of evidence that the property standing in the name of decedent at the time of his death was insufficient to pay his debts and obligations.

Source: SL 1969, ch 198 (4); SDCL 30-21A-3; SL 1995, ch 167, § 167.
S.D. Codified Laws § 43-11-50 — SD Code / Title 43 / Chapter 11 / Section 43-11-50
Intention of author of power to be observed--Exception
Status: in_force

With the exceptions contained in §§ 43-11-46 to 43-11-49 , inclusive, the intentions of the author of a power as to the mode, time, and conditions of its execution must be observed, subject to the power of a circuit court to supply a defective execution in the cases provided in §§ 43-11-61 and 43-11-62 .

Source: CivC 1877, § 324; CL 1887, § 2840; RCivC 1903, § 347; RC 1919, § 415; SDC 1939, § 59.0428.
S.D. Codified Laws § 43-11-8 — SD Code / Title 43 / Chapter 11 / Section 43-11-8
Special power defined
Status: in_force

A power is special:

(1) When a person or class of persons is designated, to whom the disposition of property under the power is to be made; or

(2) When it authorizes the alienation or encumbrance, by means of a grant, will, or charge, of only an estate less than a fee.

Source: CivC 1877, § 302; CL 1887, § 2818; RCivC 1903, § 325; RC 1919, § 394; SDC 1939, § 59.0407.
S.D. Codified Laws § 43-39-10 — SD Code / Title 43 / Chapter 39 / Section 43-39-10
Depository for hire--Ordinary care in preservation of deposit
Status: in_force

A depository for hire must use at least ordinary care for the preservation of the the thing deposited.

Source: CivC 1877, § 1058; CL 1887, § 3682; RCivC 1903, § 1377; RC 1919, § 994; SDC 1939, § 60.0102 (17).
S.D. Codified Laws § 43-4-54 — SD Code / Title 43 / Chapter 4 / Section 43-4-54
Effect of failure to record notice of private transfer fee obligation
Status: in_force

If the payee fails to comply fully with § 43-4-52 , the grantor of any real property burdened by the private transfer fee obligation may proceed with the conveyance of any interest in the real property to any grantee and in so doing is deemed to have acted in good faith and is not subject to any obligations under the private transfer fee obligation. In such event, the real property thereafter shall be conveyed free and clear of such transfer fee and private transfer fee obligation.

Source: SL 2011, ch 196, § 9.
S.D. Codified Laws § 43-25-35 — SD Code / Title 43 / Chapter 25 / Section 43-25-35
Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception
Status: in_force

No instrument is to be avoided under § 43-25-34 in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.

Source: CivC 1877, § 677; CL 1887, § 3299; RCivC 1903, § 992; RC 1919, § 598; SDC 1939, § 51.1406.
S.D. Codified Laws § 43-41-11 — SD Code / Title 43 / Chapter 41 / Section 43-41-11
Disposition of certain abandoned, lost or confiscated bicycles
Status: in_force

If any abandoned, lost, or confiscated bicycle is under the control or care of or has been placed in storage by any local government agency or law enforcement agency and if more than ninety days have passed since the bicycle first came in the possession of the local government agency or law enforcement agency, the bicycle may be donated to a charitable organization, veterans organization, or benevolent organization that is nonprofit and recognized as tax - exempt under section 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue Code of 1986 as amended to January 1, 2000, for distribution to the public based on need in a manner to be determined by the charitable, veterans, or benevolent organization.

Source: SL 2000, ch 214, § 1.
S.D. Codified Laws § 43-2-3 — SD Code / Title 43 / Chapter 2 / Section 43-2-3
Wild animals subject to ownership
Status: in_force

Animals, wild by nature, are the subjects of ownership when tamed or taken and held in possession, or disabled and immediately pursued.

Source: CivC 1877, § 161; CL 1887, § 2677; RCivC 1903, § 184; RC 1919, § 254; SDC 1939, § 51.0201.
S.D. Codified Laws § 43-16-6 — SD Code / Title 43 / Chapter 16 / Section 43-16-6
Monument designating point in boundary--Malicious removal as misdemeanor
Status: in_force

Any person who maliciously removes any monument of stone, wood, or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 709, subdiv 1; CL 1887, § 6900, subdiv 1; RPenC 1903, § 730, subdiv 1; RC 1919, § 4337 (1); SDC 1939, § 13.4502 (1); SL 1983, ch 15, § 4.
S.D. Codified Laws § 43-28-16 — SD Code / Title 43 / Chapter 28 / Section 43-28-16
Notice imparted by instruments defectively executed or acknowledged or describing unplatted property prior to December 31, 1988--Rights of purchasers or encumbrancers
Status: in_force

Any instrument affecting real property which was previous to December 31, 1988, copied into the proper book of record kept in the office of any register of deeds shall be deemed to impart after that date, notice of such instrument and its contents to subsequent purchasers and encumbrancers notwithstanding any defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment thereof, or the absence of such certificate of acknowledgment, or the omission of any notarial or corporate seal from such instrument or the absence of any post office address of any grantee, mortgagee, or assignee of mortgagee, from any instrument, and notwithstanding the fact that the property described in such instrument was not platted as required by chapter 43-21 , prior to the recording of such instrument; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers who became such prior to December 31, 1988.

Source: SL 1961, ch 469; SL 1989, ch 30, § 74.
S.D. Codified Laws § 43-28-4 — SD Code / Title 43 / Chapter 28 / Section 43-28-4
Recording of affidavits, orders, appointments, minutes of meetings, and proceedings in bankruptcy to correct instruments affecting title to real property--Use as evidence
Status: in_force

In addition to all other instruments affecting the title to real property which are now eligible for record in the office of a register of deeds in this state, the following mentioned original instruments, together with copies of such other original instruments, records, proceedings, entries, orders, decrees, and appointments as are hereinafter mentioned, or portions thereof or excerpts therefrom, if such copies are duly certified to by the person or officer having the legal custody thereof as being true copies thereof, or of portions thereof or excerpts therefrom, are eligible for record in the office of the register of deeds of the county wherein the real property affected is situated, and shall be indexed against such property, and such record, or a copy thereof duly certified to by the register of deeds, or included as a part of a duly prepared and certified abstract of title to real property affected, shall be received and accepted as prima facie evidence of the facts or matters therein contained or set forth:

(1) Affidavits of publication of notices of sale, affidavits of sale, and every other instrument executed or used in connection with the making of a sale and conveyance of real property by any board, department, officer, or officers of the State of South Dakota, or of any county, township, school district, or municipality of the State of South Dakota;

(2) Affidavits explaining the presence in the deed, mortgage, or other records of any county of any interloping deed, mortgage, or other instrument purporting to have been executed by a person or persons who are not shown of records as having owned any right or title to, interest or estate in or lien upon the real property described in such interloping instrument at the time the same purports to have been executed;

(3) Affidavits explanatory of recitals contained in deeds, mortgages, or other instruments to the effect that the real property described in such instruments is subject to certain mortgages or other liens, when such recitals leave in doubt the amount of the indebtedness or the extent to which the real property in question is affected thereby;

(4) Copies of orders and appointments made by any officer, department, or board of the State of South Dakota, pursuant to law, appointing any appointive officer, agent, or employee of the State of South Dakota, or of any department thereof, and defining the powers and authority of such officer, agent, or employee;

(5) Copies of the original minutes and records of meetings held and official action taken by any board of county commissioners, school board, board of education, township board, county weed and pest board, or governing body of any municipality, within the State of South Dakota, or by the members, officers, or directors of any federal bureau, board, department, or corporation created by, or by authority of, an act of Congress;

(6) Copies of orders and appointments made by any federal bureau, board, department, or officer, pursuant to law, appointing receivers for corporations which have been created or organized by, or by authority of, an act of Congress, and copies of any order or other instrument of record defining the powers and authority of any such receiver;

(7) Copies of letters testamentary, of administration, and of conservatorship, and of orders appointing receivers and trustees, issued by any court, foreign or domestic, when used to show the authority of a personal representative, conservator, receiver, or trustee to execute a satisfaction or assignment of, or to foreclose, a mortgage or other lien against real property; and the officer who certifies to any such copy as being a true copy of the original instrument on file and in his custody may include in his certificate a statement that the original instrument is, or at any given time was, in full force and effect and unrevoked, which statement shall be accepted as prima facie evidence of the facts so recited;

(8) Certified copies of any petition, order, notice, or other document on file in the office of the clerk of any bankruptcy court or any United States district court offered for record by any person.

Source: SL 1949, ch 208, § 1; SDC Supp 1960, § 51.1627; SL 1961, ch 262; SL 1987, ch 317; SL 1993, ch 213, § 234; SL 2005, ch 233, § 1.
S.D. Codified Laws § 43-32-16 — SD Code / Title 43 / Chapter 32 / Section 43-32-16
Tenant receiving notice of adverse proceedings--Duty to inform landlord
Status: in_force

Every tenant who receives notice of any proceeding to recover the real property occupied by him or the possession thereof must immediately inform his landlord of the same and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which he may sustain by reason of any omission to inform him of the notice or to deliver to him, if in writing.

Source: CivC 1877, § 1121; CL 1887, § 3744; RCivC 1903, § 1440; RC 1919, § 1064; SDC 1939, § 38.0418.
S.D. Codified Laws § 43-42-4 — SD Code / Title 43 / Chapter 42 / Section 43-42-4
Accounts receivable--Transfer by assignment in good faith
Status: in_force

Every written assignment made in good faith, whether in the nature of a sale, pledge, or other transfer, of an account receivable or of an amount due or to become due on an open account or on a contract (all hereinafter called "account"), with or without the giving of notice of such assignment to the debtor, shall be valid, legal, and complete at the time of the making of such assignment, and shall be deemed to have been fully perfected at that time. Thereafter, no bona fide purchaser from the assignor, no creditor of any kind of the assignor, and no other assignee or transferee of the assignor, in any event shall have, or be deemed to have acquired, any right in the account so transferred or in the proceeds thereof or in any obligation substituted therefor, superior to the rights therein of the assignee.

Source: SDC 1939, § 51.0803 as added by SL 1945, ch 213.
S.D. Codified Laws § 43-41B-43 — SD Code / Title 43 / Chapter 41B / Section 43-41B-43
Certain gift certificates and closed-loop prepaid cards exempt
Status: in_force

The provisions of this chapter do not apply to any gift certificate or closed-loop prepaid card that has no expiration date and that is not subject to a dormancy, inactivity, or service fee. For purposes of this chapter, a closed-loop prepaid card is an electronic payment device that meets the following conditions:

(1) Is purchased or loaded, or both, on a prepaid basis in exchange for payment for the future purchase or delivery of goods or services; and

(2) Is redeemable upon presentation to a single merchant or an affiliated group of merchants for goods and services.

Source: SL 2011, ch 198, § 1.
S.D. Codified Laws § 43-25-4 — SD Code / Title 43 / Chapter 25 / Section 43-25-4
Words of inheritance or succession not required to transfer fee in real property
Status: in_force

Words of inheritance or succession are not requisite to transfer a fee in real property.

Source: CivC 1877, § 618; CL 1887, § 3241; RCivC 1903, § 934; RC 1919, § 536; SDC 1939, § 51.1312.
S.D. Codified Laws § 43-43-1 — SD Code / Title 43 / Chapter 43 / Section 43-43-1
Products of the mind--Exclusive ownership of author
Status: in_force

The author of any product of the mind, whether it is an invention or a composition in letters or arts or a design with or without delineation or other graphical representation, has an exclusive ownership therein and in the representation or expression thereof which continues so long as the product and the representations or expressions thereof made by him remain in his possession.

Source: CivC 1877, § 570; CL 1887, § 3193; RCivC 1903, § 886; RC 1919, § 484; SDC 1939, § 51.0804.
S.D. Codified Laws § 43-31-21 — SD Code / Title 43 / Chapter 31 / Section 43-31-21
Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead
Status: in_force

Service of such application and order shall be made at least ten days prior to the time fixed for such hearing and shall be made in the same manner as service of a summons in a civil action and shall be made upon the person alleged to be incapacitated, in any case where there has been no appointment of a conservator. If there has been such an appointment, then such service shall be upon the conservator.

Source: SDC 1939, § 51.1705; SL 1993, ch 213, § 238.
S.D. Codified Laws § 43-16-2 — SD Code / Title 43 / Chapter 16 / Section 43-16-2
Coterminous owner--Right to lateral and subjacent support
Status: in_force

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.

Source: CivC 1877, § 268; CL 1887, § 2784; RCivC 1903, § 291; RC 1919, § 361; SDC 1939, § 51.0702.
S.D. Codified Laws § 43-11-24 — SD Code / Title 43 / Chapter 11 / Section 43-11-24
Special and beneficial power to lease void only as to excess term
Status: in_force

A special and beneficial power to make leases of agricultural land for more than ten years or of municipal lots for more than ninety - nine years is void only as to the time beyond ten or ninety - nine years and authorizes leases for those terms or less.

Source: CivC 1877, § 343; CL 1887, § 2859; RCivC 1903, § 366; RC 1919, § 433; SDC 1939, § 59.0446; SL 1992, ch 60, § 2.
S.D. Codified Laws § 43-12-1 — SD Code / Title 43 / Chapter 12 / Section 43-12-1
Covenants running with land defined
Status: in_force

Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land.

Source: CivC 1877, § 819; CL 1887, § 3443; RCivC 1903, § 1136; RC 1919, § 743; SDC 1939, § 51.0423.
S.D. Codified Laws § 43-4-52 — SD Code / Title 43 / Chapter 4 / Section 43-4-52
Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents
Status: in_force

For any private transfer fee obligation imposed prior to July 1, 2011, the receiver of the fee shall, prior to December 31, 2011, record in the office of the register of deeds in the county in which the real property subject to the private transfer fee is located, a separate document that meets all of the following requirements:

(1) The title of the document shall be Notice of Private Transfer Fee Obligation in at least fourteen point boldface type;

(2) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer fee, or such other basis by which the transfer fee is to be calculated;

(3) If the real property is residential property, actual dollar-cost examples of the transfer fee for a home priced at one hundred thousand dollars, two hundred fifty thousand dollars, and five hundred thousand dollars;

(4) The date or circumstances under which the private transfer fee obligation expires, if any;

(5) The purpose for which the funds from the private transfer fee obligation will be used;

(6) The name of the person to which funds are to be paid and specific contact information regarding where the funds are to be sent;

(7) The acknowledged signature of the payee; and

(8) The legal description of the real property burdened by the private transfer fee obligation.

Source: SL 2011, ch 196, § 7.
S.D. Codified Laws § 43-11-22 — SD Code / Title 43 / Chapter 11 / Section 43-11-22
Power of disposition absolute where holder can dispose of entire fee in his lifetime
Status: in_force

Every power of disposition is deemed absolute by means of which the holder is enabled in his lifetime to dispose of the entire fee, in possession or in expectancy, for his own benefit.

Source: CivC 1877, § 340; CL 1887, § 2856; RCivC 1903, § 363; RC 1919, § 430; SDC 1939, § 59.0443.
S.D. Codified Laws § 43-37-2 — SD Code / Title 43 / Chapter 37 / Section 43-37-2
Loan for exchange--Definition
Status: in_force

If the borrower agrees to return at a future time a similar thing instead of the identical thing borrowed, the loan is a loan for exchange.

Source: CivC 1877, § 1087; CL 1887, § 3710; RCivC 1903, § 1406; RC 1919, § 1029; SDC 1939, § 38.0201.
S.D. Codified Laws § 43-37-4 — SD Code / Title 43 / Chapter 37 / Section 43-37-4
Loan for use--Title not transferred--Increase during loan period belongs to lender
Status: in_force

A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the lender.

Source: CivC 1877, § 1075; CL 1887, § 3699; RCivC 1903, § 1395; RC 1919, § 1018; SDC 1939, § 38.0202.
S.D. Codified Laws § 43-15B-4 — SD Code / Title 43 / Chapter 15B / Section 43-15B-4
Fee for registration
Status: in_force

Application for initial registration under § 43-15B-3 shall be accompanied by a fee set by rule promulgated pursuant to chapter 1-26 not to exceed twenty - five dollars per unit. The total fee may not exceed one thousand dollars per time - share project.

Source: SL 1983, ch 273, § 4; SL 1986, ch 302, § 96.
S.D. Codified Laws § 43-45-13 — SD Code / Title 43 / Chapter 45 / Section 43-45-13
Certain federal bankruptcy exemptions not available
Status: in_force

In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically does not authorize. Nothing herein affects the exemptions given to residents of this state by the State Constitution and the South Dakota statutes.

Source: SL 1980, ch 297.
S.D. Codified Laws § 43-25-20 — SD Code / Title 43 / Chapter 25 / Section 43-25-20
Corporate deeds and mortgages--Execution, assignment, and release by officers of corporation--Acknowledgment
Status: in_force

Any officer of a corporation, authorized by the charter or articles of incorporation, the bylaws, or the consent of the stockholders or of the board of directors of such corporation, may execute deeds, mortgages, assignments of mortgage, releases of mortgage, and all other instruments in the name of such corporation and acknowledge the same on behalf of such corporation.

Source: SL 1905, ch 1, § 1; SL 1907, ch 2, § 1; RC 1919, § 544; SDC 1939, § 51.1404.
S.D. Codified Laws § 43-19-12 — SD Code / Title 43 / Chapter 19 / Section 43-19-12
Survey for erection of landmarks in unorganized township--Certificate--Recording
Status: in_force

Sections 43-19-4 and 43-19-5 shall apply to and govern such survey and the certificate thereof and the recording of the surveyor's certificate.

Source: SL 1901, ch 204, § 2; RPolC 1903, § 1157; RC 1919, § 6146; SDC 1939, § 58.1206.
S.D. Codified Laws § 43-15B-2 — SD Code / Title 43 / Chapter 15B / Section 43-15B-2
Restrictions on sales
Status: in_force

No person may sell, convey, present for sale, or advertise any interest in a time - share project unless he complies with the provisions of this chapter.

Source: SL 1983, ch 273, § 2.
S.D. Codified Laws § 43-19-13 — SD Code / Title 43 / Chapter 19 / Section 43-19-13
Levy of taxes for erection of landmarks in unorganized township
Status: in_force

In case any board of county commissioners shall grant any petition presented thereto under this chapter, such board shall ascertain the amount of money requisite for such purpose, and shall add such amount to the other amounts, if any, to be raised for township purposes in any such unorganized township as may be affected by such petition, and such board is empowered and it shall be its duty to make a specific levy of taxes upon all of the real property situated in any such unorganized township in a sufficient amount to pay the cost and expense of such survey and the establishment of such landmarks; such levy to be made at the time of the making of the annual tax levy by such board for the current year.

Source: SL 1901, ch 204, § 4; RPolC 1903, § 1159; RC 1919, § 6148; SDC 1939, § 58.1207.
S.D. Codified Laws § 43-25-1 — SD Code / Title 43 / Chapter 25 / Section 43-25-1
Requisites for transfer of certain estates
Status: in_force

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.

Source: CivC 1877, § 622; CL 1887, § 3245; RCivC 1903, § 938; RC 1919, § 540; SDC 1939, § 51.1401.
S.D. Codified Laws § 43-26-6 — SD Code / Title 43 / Chapter 26 / Section 43-26-6
Subject matter of contract for purchase and sale of realty not transferred--Destruction without fault of purchaser--Taking by eminent domain--Contract unenforceable--Recovery of purchase price
Status: in_force

If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid.

Source: SL 1937, ch 258, § 1; SDC 1939 & Supp 1960, § 37.1807 (1).
S.D. Codified Laws § 43-13-2 — SD Code / Title 43 / Chapter 13 / Section 43-13-2
Easements--Definition--Classification
Status: in_force

The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:

(1) The right of pasturage;

(2) The right of fishing;

(3) The right of taking game;

(4) The right of way;

(5) The right of taking water, wood, minerals, and other things;

(6) The right of transacting business upon land;

(7) The right of conducting lawful sports upon land;

(8) The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

(9) The right of receiving water from or discharging the same upon land;

(10) The right of flooding land;

(11) The right of having water flow without diminution or disturbance of any kind;

(12) The right of using a wall as a party wall;

(13) The right of receiving more than natural support from adjacent land or things affixed thereto;

(14) The right of having the whole of a division fence maintained by a coterminous owner;

(15) The right of having public conveyances stopped, or of stopping the same on land;

(16) The right of burial;

(17) The right of preserving land areas for public recreation, education, or scenic enjoyment;

(18) The right of preserving historically important land area or structures;

(19) The right of preserving natural environmental systems.

Source: CivC 1877, § 244; CL 1887, § 2760; RCivC 1903, § 267; RC 1919, § 337; SDC 1939, § 51.0601; SL 1982, ch 296.
S.D. Codified Laws § 43-8-10 — SD Code / Title 43 / Chapter 8 / Section 43-8-10
Estate at will--Termination by notice--Reentry by landlord or action for possession
Status: in_force

After the notice prescribed by §§ 43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.

Source: CivC 1877, § 241; CL 1887, § 2757; RCivC 1903, § 264; RC 1919, § 334; SDC 1939, § 51.0503.
S.D. Codified Laws § 43-7-6 — SD Code / Title 43 / Chapter 7 / Section 43-7-6
Estate during life of a third person is a freehold
Status: in_force

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.

Source: CivC 1877, § 223; CL 1887, § 2739; RCivC 1903, § 246; RC 1919, § 316; SDC 1939, § 51.0407.
S.D. Codified Laws § 43-11-49 — SD Code / Title 43 / Chapter 11 / Section 43-11-49
Nominal conditions annexed to power disregarded
Status: in_force

Where the conditions annexed to a power are merely nominal and evince no intention of actual benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded in the execution of the power.

Source: CivC 1877, § 323; CL 1887, § 2839; RCivC 1903, § 346; RC 1919, § 414; SDC 1939, § 59.0427.
S.D. Codified Laws § 43-11-53 — SD Code / Title 43 / Chapter 11 / Section 43-11-53
Effect of more extensive disposition or charge than authorized by power
Status: in_force

A disposition or charge by virtue of a power more extensive than was authorized thereby is not therefore void; but every estate or interest so created so far as it is embraced by the terms of the power, is valid.

Source: CivC 1877, § 329; CL 1887, § 2845; RCivC 1903, § 352; RC 1919, § 420; SDC 1939, § 59.0433.
S.D. Codified Laws § 43-21-6 — SD Code / Title 43 / Chapter 21 / Section 43-21-6
Plats of governmental acquisitions filed with director of equalization
Status: in_force

Notwithstanding the provisions of § 43-21-5 , copies of plats filed in accordance therewith shall be furnished to the director of equalization in each county wherein such plat is to be filed within ten days after such filing.

Source: SL 1971, ch 247.
S.D. Codified Laws § 43-41C-1 — SD Code / Title 43 / Chapter 41C / Section 43-41C-1
Property held by a museum or historical society deemed abandoned
Status: in_force

Any property held by a museum or historical society in the state which is held for ten years or more and to which no person has made claim is deemed to be abandoned and becomes the property of the museum or society, if the museum or society has complied with §§ 43-41C-2 and 43-41C-3 .

Source: SL 1993, ch 328, § 1.
S.D. Codified Laws § 43-11-20 — SD Code / Title 43 / Chapter 11 / Section 43-11-20
Effect of absolute power of disposition of estate not limited by a remainder
Status: in_force

In all cases where an absolute power of disposition is given not accompanied by any trust and no remainder is limited on the estate of the holder of the power, he is entitled to an absolute fee.

Source: CivC 1877, § 338; CL 1887, § 2854; RCivC 1903, § 361; RC 1919, § 428; SDC 1939, § 59.0441.
S.D. Codified Laws § 43-41B-24.2 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24.2
Operational expenses not continuously appropriated
Status: in_force

The operational expenses for unclaimed property, including costs in connection with the sale of abandoned property, personnel, costs of mailing and publication, and service charges, must be paid from general appropriations in the general appropriations act.

Source: SL 2024, ch 180, § 3.
S.D. Codified Laws § 43-25-33 — SD Code / Title 43 / Chapter 25 / Section 43-25-33
Execution of power to revoke or modify instrument affecting estate in real property
Status: in_force

Where a person having a power of revocation, within the provisions of § 43-25-32 , is not entitled to execute it until after the time at which he makes such a grant or charge as is described in § 43-25-32 , the power is deemed to be executed as soon as he is entitled to execute it.

Source: CivC 1877, § 679; CL 1887, § 3301; RCivC 1903, § 994; RC 1919, § 600; SDC 1939, § 51.1407.
S.D. Codified Laws § 43-41B-6 — SD Code / Title 43 / Chapter 41B / Section 43-41B-6
Bank deposits and funds in financial organizations
Status: in_force

(a) Any demand, savings, or matured time deposit with a banking or financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless in the case of a matured time deposit, the banking or financial organization has mailed, at least once in three years certified mail requesting a return receipt, to the owner and the receipt has been returned and signed by the addressee, or unless the owner, within three years has:

(1) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest;

(2) Communicated in writing with the banking or financial organization concerning the property;

(3) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;

(4) Owned other property to which paragraph (1), (2), or (3) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent;

(5) Had another relationship with the banking or financial organization concerning which the owner has:

(i) Communicated in writing with the banking or financial organization; or

(ii) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent; or

(6) Received tax reports or regular statements of the deposit by mail from the banking or financial organization regarding the deposit. Receipt of the statement by the owner is presumed if the statement is mailed first class by the banking or financial organization and not returned.

(b) For purposes of subsection (a) property includes any income, increments, interest, or dividends.

(c) A holder may not impose with respect to property described in subsection (a) any charge due to dormancy or inactivity or cease payment of interest unless:

(1) There is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge or cease payment of interest;

(2) For property in excess of two dollars, the holder, no more than three months before the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease, but the notice provided in this section need not be given with respect to charges imposed or interest ceased before July 1, 1993; and

(3) The holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to the property.

(d) Any property described in subsection (a) that is automatically renewable is matured for purposes of subsection (a) upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in § 43-41B-20 , a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.

Source: SL 1992, ch 312, § 6; SL 2002, ch 200, § 1; SL 2012, ch 209, § 4.
S.D. Codified Laws § 43-31-3 — SD Code / Title 43 / Chapter 31 / Section 43-31-3
Homestead containing one or more lots or tracts of land--Contiguous tracts--Use in good faith
Status: in_force

The homestead may contain one or more lots or tracts of land with the buildings thereon and other appurtenances, subject to the limitations contained in this code, but must in no case embrace different lots and tracts unless they are contiguous, or unless they are habitually and in good faith used as part of the same homestead.

Source: SL 1874-5, ch 37, § 7; PolC 1877, ch 38, § 7; CL 1887, § 2455; RPolC 1903, § 3223; RC 1919, § 458; SDC 1939, § 51.1709.
S.D. Codified Laws § 43-8-7 — SD Code / Title 43 / Chapter 8 / Section 43-8-7
Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste
Status: in_force

A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease or for any waste or cause of forfeiture, as his grantor or devisor might have had.

Source: CivC 1877, § 259; CL 1887, § 2775; RCivC 1903, § 282; RC 1919, § 352; SDC 1939, § 38.0407.
S.D. Codified Laws § 43-11-7 — SD Code / Title 43 / Chapter 11 / Section 43-11-7
General power defined
Status: in_force

A power is general when it authorizes the alienation or encumbrance of a fee in the property embraced therein by grant, will, or charge, or any of them in favor of any person whatever.

Source: CivC 1877, § 301; CL 1887, § 2817; RCivC 1903, § 324; RC 1919, § 393; SDC 1939, § 59.0406.
S.D. Codified Laws § 43-44-9 — SD Code / Title 43 / Chapter 44 / Section 43-44-9
Persons benefitted by registration of emblem
Status: in_force

The registration shall be for the benefit of the registrant and his successors, assigns, and persons using the same under his permission or license, express or implied, and according to the laws governing the succession, assignment, and use of personal property generally.

Source: SL 1933, ch 82, § 2; SDC 1939, § 51.0906.
S.D. Codified Laws § 43-17-38 — SD Code / Title 43 / Chapter 17 / Section 43-17-38
Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor
Status: in_force

A gate or opening constructed pursuant to § 43-17-36 is required in any fence that may be constructed across any of the following streams or portions of such streams:

(1) Big Sioux River from the Grant-Codington County boundary to a point five miles north of the Missouri River in Union County;

(2) Turtle creek, from Highway 26 to the James River, located in Spink County;

(3) Elm River, from Elm Lake to the James River, located in Brown County;

(4) Moccasin Creek, from 18th Avenue southwest to 8th Avenue northwest in the City of Aberdeen, located in Brown County;

(5) Flandreau Creek, from the Minnesota state boundary to the Big Sioux River, located in Moody County;

(6) Vermillion River, from Lake Vermillion to the Missouri River;

(7) East fork of the Vermillion River, from Interstate 90 to Lake Vermillion, located in McCook County;

(8) Splitrock Creek, from the Minnesota state boundary to the Big Sioux River, located in Minnehaha County;

(9) Firesteel Creek, that portion located in Davison County;

(10) Little White River, from the Bennett-Todd County boundary to the White River, located in Todd and Mellette Counties;

(11) White River, from the Nebraska state boundary to the Missouri River;

(12) Bad River, from the Stanley-Jones County boundary to the Missouri River, located in Stanley County;

(13) Cheyenne River, from Hat Creek to the Angostura Dam in Fall River County, and from Custer-Fall River County boundary to Highway 44 in Pennington County, and from the confluence of the Belle Fourche-Cheyenne Rivers to the Missouri River;

(14) Moreau River, from Highway 63 to the Missouri River;

(15) Grand River, from Shadehill Reservoir to the Missouri River; and

(16) Redwater River, from Highway 85 to the Belle Fourche River, located in Butte County.

Because the Missouri River, James River, Boise des Sioux River, and the lower five miles of the Big Sioux River have been designated as navigable pursuant to federal law, this chapter does not permit fencing, with or without gates, across the federally-navigable portions of these rivers.

The public's right to the use of such designated streams as public highways pursuant to § 43-17-2 may be impaired if a gate or opening is not provided in each fence across the streams. Construction of a fence in violation of this section is a Class 2 misdemeanor.

The public's interest in or right to use other streams navigable pursuant to § 43-17-34 but not designated pursuant to this section is not impaired or unduly restricted if fences crossing such other navigable streams are not provided with a gate or opening. This does not diminish the public's interest in or right to use streams that are navigable pursuant to § 43-17-34 but that are not designated pursuant to this section.

Source: SL 1992, ch 311, § 1; SL 2016, ch 214, § 3.
S.D. Codified Laws § 43-11-33 — SD Code / Title 43 / Chapter 11 / Section 43-11-33
Liability of power to claims of creditors
Status: in_force

Every special and beneficial power is liable to the claims of creditors in the same manner as other interests that cannot be reached by execution, and the execution of the power may be adjudged for the benefit of the creditors entitled.

Source: CivC 1877, § 348; CL 1887, § 2864; RCivC 1903, § 371; RC 1919, § 438; SDC 1939, § 59.0451.
S.D. Codified Laws § 43-4-28 — SD Code / Title 43 / Chapter 4 / Section 43-4-28
Effective date of application of provisions as to distributions at values determined for federal estate tax purposes
Status: in_force

The provisions of § 43-4-27 shall apply to wills of the kind mentioned of all decedents dying before or after July 1, 1968, and to all trust indentures of the kind mentioned, whether made before or after July 1, 1968, and to the distributions of assets under all such wills or trust indentures, made after July 1, 1968, but it shall not apply to any distributions made prior to July 1, 1968, and shall not impose any liability or obligation upon any fiduciary as a result of any distribution prior to July 1, 1968.

Source: SL 1968, ch 152, § 2.
S.D. Codified Laws § 43-21-5 — SD Code / Title 43 / Chapter 21 / Section 43-21-5
Plats of federal, state, county, and municipality property--Recording--Exemption from law pertaining to filing of private plats for record--Use for descriptive purposes
Status: in_force

Each plat of real property acquired by the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, and the several counties and municipalities of the State of South Dakota and, which plat is subscribed to by the forest engineer of the forest service of the United States Department of Agriculture, an authorized agent of the State Department of Transportation, or any registered land surveyor in the employ of the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, or the several counties or municipalities of the State of South Dakota, shall be entitled to record in the office of the register of deeds, in which such lands or any portion thereof are situated without compliance with the provisions of chapter 11-3 or this chapter, pertaining to the filing of plats for record. Any amendments or vacations of plats filed by the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, or several counties or municipalities of the State of South Dakota may be entitled to record in like manner. All plats filed by the counties subsequent to January 1, 1968 shall be valid and covered by the provisions of this section. No plats filed for record under this section may operate of themselves to transfer title to the property described but such plats are for descriptive purposes only.

Source: SL 1964, ch 98, §§ 1, 2; SL 1966, ch 84; SL 1968, ch 126; SL 1975, ch 269; SL 1988, ch 348.
S.D. Codified Laws § 43-30-16 — SD Code / Title 43 / Chapter 30 / Section 43-30-16
Railroad property conveyances to or by state exempt from plat requirements--Filing map
Status: in_force

Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights - of - way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or which are described by points of beginning and termination, railroad mileposts, railroad engineering survey station numbers, and right - of - way and track maps, are exempt from the provisions of chapter 11-3 and chapter 43-21 . However, copies of right - of - way or track maps describing conveyances of railroad property to or by the South Dakota Railroad Authority, the state or any of its subdivisions, including the conveyance of linear railroad rights - of - way, or any portion thereof, shall be furnished to the director of equalization in each county wherein such conveyances shall be filed of record.

Source: SL 1981, ch 309, § 1.
S.D. Codified Laws § 43-45-4 — SD Code / Title 43 / Chapter 45 / Section 43-45-4
Additional property exemptions--Selection and appraisal
Status: in_force

In addition to the property provided for in §§ 43-45-2 and 43-45-3 , the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed in the aggregate seven thousand dollars in value; and, if not the head of a family, property as aforesaid of the value of five thousand dollars, which is also exempt, and which shall be chosen and appraised as provided by law.

Source: SDC 1939, § 51.1803; SL 1957, ch 267, § 2; SL 1986, ch 361; SL 1990, ch 157, § 8; SL 1991, ch 366, § 1; SL 1998, ch 265, § 1; SL 1998, ch 266, § 1; SL 2013, ch 224, § 2.
S.D. Codified Laws § 43-22-5 — SD Code / Title 43 / Chapter 22 / Section 43-22-5
Zone designations
Status: in_force

The South Dakota state plane coordinate system shall be named in any land description in which it is used, and the zone used shall be specified.

Source: SL 1947, ch 231, § 2; SDC Supp 1960, § 18.0302; SL 1988, ch 349, § 3; SL 2022, ch 163, § 3.
S.D. Codified Laws § 43-5-4 — SD Code / Title 43 / Chapter 5 / Section 43-5-4
Suspension of power to alienate trust as suspension of power of alienation
Status: in_force

The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.

Source: CivC 1877, § 228; CL 1887, § 2744; RCivC 1903, § 251; RC 1919, § 321; SDC 1939, § 51.0412; SL 1983, ch 304, § 8.
S.D. Codified Laws § 43-11-37 — SD Code / Title 43 / Chapter 11 / Section 43-11-37
Validity of release of power to appoint
Status: in_force

It is hereby declared that releases pursuant to § 43-11-36 are in accordance with the public policy of this state and are valid and effectual whether heretofore or hereafter made.

Source: SDC 1939, § 59.0462 as enacted by SL 1945, ch 344.
S.D. Codified Laws § 43-3-8 — SD Code / Title 43 / Chapter 3 / Section 43-3-8
Limitation, condition, or interest--Time of creation
Status: in_force

The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest within the meaning of this code.

Source: CivC 1877, § 216; CL 1887, § 2732; RCivC 1903, § 239; RC 1919, § 309; SDC 1939, § 51.0216.
S.D. Codified Laws § 43-3-7 — SD Code / Title 43 / Chapter 3 / Section 43-3-7
Present or future interest--Time of enjoyment--Right to possession of property
Status: in_force

In respect to the time of enjoyment, an interest in property is either present or future.

A present interest entitles the owner to the immediate possession of the property.

A future interest entitles the owner to the possession of the property only at a future period.

Source: CivC 1877, §§ 180 to 182; CL 1887, §§ 2696 to 2698; RCivC 1903, §§ 203 to 205; RC 1919, §§ 273 to 275; SDC 1939, § 51.0215.
S.D. Codified Laws § 43-41B-24.3 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24.3
Unclaimed property moneys received--General fund contribution limit
Status: in_force

For purposes of § 43-41B-24 , "general fund contribution limit" means an amount equal to the cost of operational expenses for the Unclaimed Property Division in each of the following fiscal years plus:

(1) For fiscal year 2026, $61,384,827;

(2) For fiscal year 2027, $58,000,000;

(3) For fiscal year 2028, $54,000,000;

(4) For fiscal year 2029, $50,000,000;

(5) For fiscal year 2030, $46,000,000;

(6) For fiscal year 2031, $42,000,000;

(7) For fiscal year 2032, $38,000,000;

(8) For fiscal year 2033, $34,000,000;

(9) For fiscal year 2034, $30,000,000; and

(10) For fiscal year 2035 and each fiscal year thereafter, $25,000,000.

Source: SL 2025, ch 184, § 3.
S.D. Codified Laws § 43-4-26 — SD Code / Title 43 / Chapter 4 / Section 43-4-26
Falsification of value of real estate or false claim of exemption as misdemeanor
Status: in_force

No person may intentionally falsify the value of transferred real estate to the register or intentionally claim a transfer to be "exempt from transfer fee" with knowledge that the transfer does not fall within the exemptions provided in this chapter and to pay an insufficient fee or no fee on such transfer as provided in § 43-4-21 . A violation of this section is a Class 1 misdemeanor.

Source: SL 1968, ch 27, § 5; SL 1969, ch 26, § 1; SL 1983, ch 15, § 1; SL 1989, ch 377.
S.D. Codified Laws § 43-11-10 — SD Code / Title 43 / Chapter 11 / Section 43-11-10
Power in trust defined
Status: in_force

A power is in trust when any person or class of persons, other than its holder, has by the terms of its creation an interest in its execution.

Source: CivC 1877, § 304; CL 1887, § 2820; RCivC 1903, § 327; RC 1919, § 396; SDC 1939, § 59.0409.
S.D. Codified Laws § 43-28-17 — SD Code / Title 43 / Chapter 28 / Section 43-28-17
Priority of first recorded conveyance of real property--Conveyance defined
Status: in_force

Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded. The term "conveyance" as used in this section, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to any real property may be affected, except wills and powers of attorney.

Source: CivC 1877, §§ 671, 672; CL 1887, §§ 3293, 3294; RCivC 1903, §§ 986, 987; RC 1919, §§ 592, 593; SDC 1939, § 51.1620; SL 1941, ch 213.
S.D. Codified Laws § 43-11-54 — SD Code / Title 43 / Chapter 11 / Section 43-11-54
Time during which right of alienation suspended by instrument in execution of power
Status: in_force

The period during which the absolute right of alienation may be suspended by an instrument in execution of a power must be computed not from the date of the instrument but from the time of the creation of the power.

Source: CivC 1877, § 330; CL 1887, § 2846; RCivC 1903, § 353; RC 1919, § 421; SDC 1939, § 59.0434.
S.D. Codified Laws § 43-37-9 — SD Code / Title 43 / Chapter 37 / Section 43-37-9
Loan for exchange--Title transferred to borrower--Right to increase during loan period
Status: in_force

A loan for exchange transfers title to the thing and the borrower is entitled to all its increase during the loan period.

Source: CivC 1877, § 1089; CL 1887, § 3712; RCivC 1903, § 1408; RC 1919, § 1031; SDC 1939, § 38.0202.
S.D. Codified Laws § 43-28-18 — SD Code / Title 43 / Chapter 28 / Section 43-28-18
Recording of instrument containing power affecting real property--Instrument of revocation must be recorded in the same office
Status: in_force

No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded in the same office in which the instrument containing the power was recorded.

Source: CivC 1877, § 673; CL 1887, § 3295; RCivC 1903, § 988; RC 1919, § 594; SDC 1939, § 51.1623.
S.D. Codified Laws § 43-15A-11 — SD Code / Title 43 / Chapter 15A / Section 43-15A-11
Fee to accompany notice of intent--Questionnaire--Form and content
Status: in_force

The notice of intention to sell shall be accompanied by a fee of twenty - five dollars for each condominium unit up to a maximum of five hundred dollars and by a verified copy of a questionnaire provided by the commission which has been properly completed by the developer. The questionnaire will be in such form and content as will require full disclosure of all material facts, including, but not limited to:

(1) A full disclosure of rights and privileges to common areas;

(2) The sales price of each unit;

(3) Down payment requirement;

(4) Interest rate on mortgages;

(5) Estimated annual property tax attributable to the condominium;

(6) Estimated annual fire and hazard insurance attributable to condominium; and

(7) The amount to be charged to the purchaser under the maintenance contract and under what circumstances the costs may be raised.

Source: SL 1975, ch 270, § 7; SL 1986, ch 302, § 81.
S.D. Codified Laws § 43-31-17 — SD Code / Title 43 / Chapter 31 / Section 43-31-17
Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action
Status: in_force

A conveyance or encumbrance of a homestead by its owner, if married and both husband and wife are residents of this state, is valid if both husband and wife concur in and sign or execute such conveyance or encumbrance either by joint instrument or by separate instruments. However, for the sole purpose of a spouse of a person in the armed forces making application for a home loan under 38 U.S.C. 1701, et seq., the signature of the spouse alone is sufficient to convey or encumber the homestead if the person in the armed forces is officially declared to be: missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power.

Source: SL 1874-5, ch 51, § 3; PolC 1877, ch 38, § 3; CL 1887, § 2451; SL 1891, ch 77, § 1; RPolC 1903, §§ 3217, 3219; RC 1919, § 451; SL 1921, ch 255; SDC 1939, § 51.1703; SL 1972, ch 234; SL 1983, ch 13, § 24.
S.D. Codified Laws § 43-4-9 — SD Code / Title 43 / Chapter 4 / Section 43-4-9
Constructive delivery of grant--Agreement of parties
Status: in_force

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery.

Source: CivC 1877, § 611, subdiv 1; CL 1887, § 3234, subdiv 1; RCivC 1903, § 927, subdiv 1; RC 1919, § 529 (1); SDC 1939, § 51.1307 (1).
S.D. Codified Laws § 43-35-2 — SD Code / Title 43 / Chapter 35 / Section 43-35-2
Transfer of interest in ship or existing trust--Operation of law--Written instrument
Status: in_force

An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.

Source: CivC 1877, § 634; CL 1887, § 3255; RCivC 1903, § 948; RC 1919, § 556; SDC 1939, § 51.1502.
S.D. Codified Laws § 43-2-8 — SD Code / Title 43 / Chapter 2 / Section 43-2-8
Property owned by state
Status: in_force

The state is the owner of all property lawfully appropriated or dedicated to its own use, and of all property of which there is no other owner.

Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0204.
S.D. Codified Laws § 43-6-1 — SD Code / Title 43 / Chapter 6 / Section 43-6-1
Income of property defined
Status: in_force

The income of property, as the term is used in this title, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property.

Source: CivC 1877, § 215; CL 1887, § 2731; RCivC 1903, § 238; RC 1919, § 308; SDC 1939, § 51.0301.
S.D. Codified Laws § 43-4-18 — SD Code / Title 43 / Chapter 4 / Section 43-4-18
Incidents included with thing transferred
Status: transferred

The transfer of a thing transfers also all its incidents unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself.

Source: CivC 1877, § 620; CL 1887, § 3243; RCivC 1903, § 936; RC 1919, § 538; SDC 1939, § 51.1313.
S.D. Codified Laws § 43-8-9 — SD Code / Title 43 / Chapter 8 / Section 43-8-9
Written notice to terminate estate at will required--Manner of delivery--Posting on premises
Status: in_force

The notice prescribed by § 43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.

Source: CivC 1877, § 240; CL 1887, § 2756; RCivC 1903, § 263; RC 1919, § 333; SDC 1939, § 51.0502.
S.D. Codified Laws § 43-32-14 — SD Code / Title 43 / Chapter 32 / Section 43-32-14
Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms
Status: in_force

If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year.

Source: CivC 1877, § 1118; CL 1887, § 3741; RCivC 1903, § 1437; RC 1919, § 1061; SDC 1939, § 38.0415.
S.D. Codified Laws § 43-32-12 — SD Code / Title 43 / Chapter 32 / Section 43-32-12
Time for payment of rent--Agricultural and wildland--Lodging--Termination of hiring
Status: in_force

When there is no contract or usage to the contrary, the rent of agricultural and wildland is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end of each quarter from the time the hiring takes effect. The rent for a hiring shorter than the periods herein specified is payable at the termination of the hiring.

Source: CivC 1877, § 1120; CL 1887, § 3743; RCivC 1903, § 1439; RC 1919, § 1063; SDC 1939, § 38.0414.
S.D. Codified Laws § 43-29-10 — SD Code / Title 43 / Chapter 29 / Section 43-29-10
Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree
Status: in_force

Where in the chain of title to a municipal lot platted more than twenty years, there is, prior to such platting, any judgment or decree of any court having jurisdiction of the subject matter, it shall be presumed that title to real estate so affected is in accordance with the determination or distribution in such judgment or decree; and it shall not be necessary to show on the abstract of title to such lots any of the proceedings supporting such judgment or decree.

Source: SL 1943, ch 176, § 1; SDC Supp 1960, § 51.16B13 (6); SL 1992, ch 60, § 2.
S.D. Codified Laws § 43-13-13 — SD Code / Title 43 / Chapter 13 / Section 43-13-13
Servitude acquired by enjoyment extinguished by disuse for prescribed period
Status: in_force

A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.

Source: CivC 1877, § 254, subdiv 4; CL 1887, § 2770, subdiv 4; RCivC 1903, § 277, subdiv 4; RC 1919, § 347 (4); SDC 1939, § 51.0609 (4).
S.D. Codified Laws § 43-34-4 — SD Code / Title 43 / Chapter 34 / Section 43-34-4
Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor
Status: in_force

If neither part can be considered the principal within the rule prescribed by § 43-34-3 , the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part.

Source: CivC 1877, § 592; CL 1887, § 3215; RCivC 1903, § 908; RC 1919, § 510; SDC 1939, § 51.1201.
S.D. Codified Laws § 43-15A-16 — SD Code / Title 43 / Chapter 15A / Section 43-15A-16
Public report of examination findings--Status of report
Status: in_force

When the Real Estate Commission makes an examination of any project, it shall make a public report of its findings, which shall contain all material facts available. A public report shall be construed to be neither an approval nor a disapproval of a project.

Source: SL 1975, ch 270, § 11; SL 1986, ch 302, § 85.
S.D. Codified Laws § 43-17-11 — SD Code / Title 43 / Chapter 17 / Section 43-17-11
Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately
Status: in_force

If a stream, navigable or not navigable, forms a new course, abandoning its ancient stream bed, the owners of the land newly occupied take by way of indemnity the ancient stream bed abandoned, each in proportion to the land of which he has been deprived.

Source: CivC 1877, § 589; CL 1887, § 3212; RCivC 1903, § 905; RC 1919, § 503; SDC 1939, § 51.1106.
S.D. Codified Laws § 43-41B-17 — SD Code / Title 43 / Chapter 41B / Section 43-41B-17
Contents of safe deposit box or other safekeeping repository--U.S. savings bonds
Status: in_force

Any tangible and intangible property held in a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than three years after the lease or rental period on the box or other repository has expired, are presumed abandoned. Any United States savings bond included in the contents of a safe deposit box or other repository must be reported and recorded in the unclaimed property database, independently of the box or repository. The savings bonds must be listed using the owner information on the original bond under property type code SC15 United States Government Securities. The savings bonds must be claimable by the person listed on the bond or by that person's heirs.

Source: SL 1992, ch 312, § 16; SL 1993, ch 326, § 3; SL 2012, ch 209, § 9; SL 2019, ch 194, § 1.
S.D. Codified Laws § 43-41-6 — SD Code / Title 43 / Chapter 41 / Section 43-41-6
Compensation of finder--Necessary expenses--Preservation of lost thing--Reward for keeping
Status: in_force

The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.

Source: CivC 1877, § 1067; CL 1887, § 3691; RCivC 1903, § 1387; RC 1919, § 1010; SDC 1939, § 60.0204.
S.D. Codified Laws § 43-11-17 — SD Code / Title 43 / Chapter 11 / Section 43-11-17
Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers
Status: in_force

Where the grantor in any conveyance reserves to himself for his own benefit an absolute power of revocation, such grantor is still to be deemed the absolute owner of the estate conveyed so far as the rights of creditors and purchasers are concerned.

Source: CivC 1877, § 341; CL 1887, § 2857; RCivC 1903, § 364; RC 1919, § 431; SDC 1939, § 59.0444.
S.D. Codified Laws § 43-39-1 — SD Code / Title 43 / Chapter 39 / Section 43-39-1
Kinds and classifications of deposits
Status: in_force

A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§ 43-39-2 to 43-39-7 , inclusive.

Source: CivC 1877, § 1033; CL 1887, § 3657; RCivC 1903, § 1352; RC 1919, § 969; SDC 1939, § 60.0101.
S.D. Codified Laws § 43-17-20 — SD Code / Title 43 / Chapter 17 / Section 43-17-20
Establishment of water marks on lakes--Definition of terms
Status: in_force

Terms used in §§ 43-17-21 to 43-17-26 , inclusive, unless the context otherwise requires, mean:

(1) "Board," the Water Management Board created by § 1-41-15 and further defined in § 1-41-15 .4;

(2) "Ordinary high water mark," the term as defined in decisions rendered by the courts of this state;

(3) "Ordinary low water mark," the term as defined in decisions rendered by the courts of this state.

Source: SL 1978, ch 305, § 1; SL 1981, ch 308, § 1; SL 1985, ch 337, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 43-15A-9 — SD Code / Title 43 / Chapter 15A / Section 43-15A-9
Recording of master deeds and leases--Tax inapplicable to original recordation
Status: in_force

The register of deeds of the county recording any master deed or lease shall receive the sum of seventy-five dollars for the first fifty pages plus two dollars per page for each page or fraction thereof exceeding fifty pages. A master deed or lease shall be recorded in the same manner and subject to the same provisions of law as are deeds. However, no state or local recordation tax upon the value of the property transferred shall apply to the deed or portion thereof recorded solely for the purpose of complying with the provisions of § 43-15A-3 .

Source: SL 1975, ch 270, § 5; SL 2012, ch 51, § 3.
S.D. Codified Laws § 43-15A-25 — SD Code / Title 43 / Chapter 15A / Section 43-15A-25
False statement, fraud, or violation of provisions as misdemeanor
Status: in_force

Any person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any project offered for sale or lease, and a person who, with knowledge that an advertisement, pamphlet, prospectus, or letter concerning a project contains a written statement that is false or fraudulent, issues, circulates, publishes, or distributes the same, or causes the same to be issued, circulated, published, or distributed, or who, in any other respect, violates or fails to comply with the provisions set forth in §§ 43-15A-10 to 43-15A-26 , inclusive, or who in any other respect violates or fails, omits, or neglects to obey, observe, or comply with any order, decision, demand, or requirement of the Real Estate Commission under §§ 43-15A-10 to 43-15A-26 , inclusive, is guilty of a Class 1 misdemeanor.

Source: SL 1975, ch 270, § 18; SL 1983, ch 15, § 3; SL 1986, ch 302, § 92.
S.D. Codified Laws § 43-32-6 — SD Code / Title 43 / Chapter 32 / Section 43-32-6
Obligations of lessor of real property--Tenant's remedies against lessor
Status: in_force

A lessor shall deliver the leased premises to the lessee and secure his quiet enjoyment thereof against all lawful claimants.

If the lessor of residential property unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may sue for injunctive relief, recover possession by suit, or terminate the rental agreement and, in any case, recover from the lessor damages in an amount equal to two months rent and the return of any advance rent and deposit paid to the lessor by the lessee.

Source: SDC 1939, § 38.0404; SL 1976, ch 267, § 1; SL 1982, ch 299.
S.D. Codified Laws § 43-22-6 — SD Code / Title 43 / Chapter 22 / Section 43-22-6
Definition of system
Status: in_force

The official geodetic datums that geodetic coordinates, including latitude, longitude, ellipsoid height, orthometric height, or dynamic height, are referenced within this state, shall be defined for the National Spatial Reference System or its successor.

Source: SL 1947, ch 231, § 5; SDC Supp 1960, § 18.0305 (1); SL 1988, ch 349, § 4; SL 2022, ch 163, § 4.
S.D. Codified Laws § 43-37-6 — SD Code / Title 43 / Chapter 37 / Section 43-37-6
Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extent of exercise--Repairs caused by negligence
Status: in_force

A borrower for use must use great care to preserve the thing lent in safety and good condition. If it is a living animal he must treat it kindly and provide all things necessary and suitable for it. He is bound to have and exercise such skill in the care of the thing lent as he causes the lender to believe he possesses and he must repair all deterioration or injury to the thing arising by his negligence.

Source: CivC 1877, §§ 1076 to 1079; CL 1887, §§ 3700 to 3703; RCivC 1903, §§ 1396 to 1399; RC 1919, §§ 1019 to 1022; SDC 1939, § 38.0206.
S.D. Codified Laws § 43-17-12 — SD Code / Title 43 / Chapter 17 / Section 43-17-12
New arm of stream--Island formed by division belongs to owner of shore
Status: in_force

If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner.

Source: CivC 1877, § 588; CL 1887, § 3211; RCivC 1903, § 904; RC 1919, § 502; SDC 1939, § 51.1109.
S.D. Codified Laws § 43-12-2 — SD Code / Title 43 / Chapter 12 / Section 43-12-2
Classification of covenants running with land
Status: in_force

The only covenants which run with the land are:

(1) Those made for the direct benefit of the property or some part of it, then in existence;

(2) Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;

(3) Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and

(4) All covenants incidental to any of the foregoing covenants.

Source: CivC 1877, §§ 820 to 822; CL 1887, §§ 3444 to 3446; RCivC 1903, §§ 1137 to 1139; RC 1919, §§ 744 to 746; SDC 1939, § 51.0424.
S.D. Codified Laws § 43-21-4.1 — SD Code / Title 43 / Chapter 21 / Section 43-21-4.1
Recording real property described by metes and bounds
Status: in_force

Conveyances describing real property by metes and bounds shall be recorded if a previous conveyance by the same metes and bounds has been made and recorded.

Source: SL 1979, ch 293.
S.D. Codified Laws § 43-28-1 — SD Code / Title 43 / Chapter 28 / Section 43-28-1
Recording of instruments affecting real estate with register of deeds
Status: in_force

Any instrument affecting the title to or possession of real property may be recorded as by law provided.

Instruments entitled to be recorded must be recorded by the register of deeds of the county in which the real property affected thereby is situated.

Source: CivC 1877, §§ 647, 651; SL 1879, ch 47, § 1; CL 1887, §§ 3268, 3272; RCivC 1903, §§ 961, 965; SL 1905, ch 149; RC 1919, §§ 569, 573; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, § 51.1601.
S.D. Codified Laws § 43-26-8 — SD Code / Title 43 / Chapter 26 / Section 43-26-8
Interpretation and construction of risk of loss provisions
Status: in_force

Sections 43-26-5 to 43-26-7 , inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.

Source: SL 1937, ch 258, §§ 2, 3; SDC 1939 & Supp 1960, § 37.1807; SL 1983, ch 13, § 15.
S.D. Codified Laws § 43-2-16 — SD Code / Title 43 / Chapter 2 / Section 43-2-16
Interest in common defined
Status: in_force

An interest in common is one owned by several persons not in joint ownership or partnership.

Source: CivC 1877, § 178; CL 1887, § 2694; RCivC 1903, § 201; RC 1919, § 271; SDC 1939, § 51.0214.
S.D. Codified Laws § 43-4-11 — SD Code / Title 43 / Chapter 4 / Section 43-4-11
Escrow delivery of grant
Status: in_force

A grant may be deposited by the grantor with a third person, to be delivered on the performance of a condition, and on delivery by the depository, it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.

Source: CivC 1877, § 609; CL 1887, § 3232; RCivC 1903, § 925; RC 1919, § 527; SDC 1939, § 51.1306.
S.D. Codified Laws § 43-17-31 — SD Code / Title 43 / Chapter 17 / Section 43-17-31
Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception
Status: in_force

The provisions of §§ 43-17-2 and 43-17-29 notwithstanding, any landowner may deny public access to his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. A landowner who chooses to deny access to his inundated lake property pursuant to this section shall request the Department of Game, Fish and Parks to mark the boundaries of the affected property, and the department shall, upon request, clearly mark the restricted area so that the markings are plainly visible and understandable to a user of the lake. This section does not apply to public highways that are maintained for use by motor vehicles.

Source: SL 1989, ch 379, § 3.
S.D. Codified Laws § 43-31-12 — SD Code / Title 43 / Chapter 31 / Section 43-31-12
Disagreement as to extent of homestead--Determination by circuit court
Status: in_force

When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, it shall be competent for the circuit court in any proper case to determine such question and all questions relating thereto.

Source: SL 1874-5, ch 37, § 14; PolC 1877, ch 38, § 14; CL 1887, § 2462; RPolC 1903, § 3230; RC 1919, § 465; SDC 1939, § 51.1715.
S.D. Codified Laws § 43-18-3 — SD Code / Title 43 / Chapter 18 / Section 43-18-3
Disturbance of monument erected by coast and geodetic survey or geological survey as misdemeanor
Status: in_force

It is a Class 2 misdemeanor to injure, destroy, deface, or remove any monument erected by the United States Coast and Geodetic Survey or the United States Geological Survey.

Source: SL 1919, ch 352; SDC 1939, §§ 18.0203, 18.9903; SL 1983, ch 15, § 7.
S.D. Codified Laws § 43-15B-8 — SD Code / Title 43 / Chapter 15B / Section 43-15B-8
Forfeited registration--Restoration--Fee
Status: in_force

If a time - share project is not renewed by the date set by the commission by rule promulgated pursuant to chapter 1-26 the registration for such project is forfeited. A forfeited registration may be restored within ninety days upon payment of a registration fee set by the commission by rule promulgated pursuant to chapter 1-26 not to exceed twenty - five dollars per unit. The total fee may not exceed two hundred fifty dollars per time - share project.

Source: SL 1986, ch 302, § 100.
S.D. Codified Laws § 43-42-1 — SD Code / Title 43 / Chapter 42 / Section 43-42-1
Thing in action defined
Status: in_force

A thing in action is a right to recover money or other personal property by a judicial proceeding.

Source: CivC 1877, § 360; CL 1887, § 2876; RCivC 1903, § 383; RC 1919, § 471; SDC 1939, § 51.0802.
S.D. Codified Laws § 43-37-12 — SD Code / Title 43 / Chapter 37 / Section 43-37-12
Loan for use or exchange--Indemnification of borrower by lender for damages for defects
Status: in_force

The lender of a thing for use or for exchange must indemnify the borrower for damages caused by defects or vices in it, which he knew at the time of lending and concealed from the borrower.

Source: CivC 1877, §§ 1083, 1091; CL 1887, §§ 3707, 3714; RCivC 1903, §§ 1403, 1410; RC 1919, §§ 1026, 1033; SDC 1939, § 38.0209.
S.D. Codified Laws § 43-28-11 — SD Code / Title 43 / Chapter 28 / Section 43-28-11
Deposit of acknowledged or proved and certified instrument for record as recording--Endorsement of amount of fee
Status: in_force

An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the register's office with the proper officer for record.

The register must in all cases endorse the amount of his fee for the recording on the instrument recorded.

Source: CivC 1877, § 651; CL 1887, § 3272; RCivC 1903, § 965; RC 1919, § 573; SDC 1939, § 51.1601.
S.D. Codified Laws § 43-11-56 — SD Code / Title 43 / Chapter 11 / Section 43-11-56
Discretionary power of trustee as to distribution of estate or fund
Status: in_force

Where the terms of a power import that the estate or fund is to be distributed among several persons designated in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the others.

Source: CivC 1877, § 353; CL 1887, § 2869; RCivC 1903, § 376; RC 1919, § 443; SDC 1939, § 59.0456.
S.D. Codified Laws § 43-25-32 — SD Code / Title 43 / Chapter 25 / Section 43-25-32
Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument
Status: in_force

Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer, for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.

Source: CivC 1877, § 678; CL 1887, § 3300; RCivC 1903, § 993; RC 1919, § 599; SDC 1939, § 51.1407.
S.D. Codified Laws § 43-31-13 — SD Code / Title 43 / Chapter 31 / Section 43-31-13
Possession and occupancy of homestead--Surviving spouse--Minor children
Status: in_force

Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.

Source: SL 1874-5, ch 37, § 15; PolC 1877, ch 38, § 15; CL 1887, § 2463; RPolC 1903, § 3231; RC 1919, § 466; SDC 1939, § 51.1716.
S.D. Codified Laws § 43-8-3 — SD Code / Title 43 / Chapter 8 / Section 43-8-3
Lease for life--Recovery of rent due
Status: in_force

Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.

Source: CivC 1877, § 262; CL 1887, § 2778; RCivC 1903, § 285; RC 1919, § 355; SDC 1939, § 51.0707.
S.D. Codified Laws § 43-32-24.1 — SD Code / Title 43 / Chapter 32 / Section 43-32-24.1
Commercial security deposits
Status: in_force

For the purposes of this section, the term, commercial premises, means any real property for lease that does not consist of residential property, agricultural land, or any quantity of municipal lots. A lessor of commercial premises shall, within sixty days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return any security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof. The lessor may withhold from the deposit only the amounts reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within ninety days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld.

Any lessor of a commercial premises who fails to comply with this section shall forfeit all rights to withhold any portion of the deposit.

The bad faith retention of a deposit or any portion of a deposit by a lessor of commercial premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars.

Source: SL 2019, ch 193, § 1.
S.D. Codified Laws § 43-11-11 — SD Code / Title 43 / Chapter 11 / Section 43-11-11
General power in trust defined
Status: in_force

A general power is in trust when any person or class of persons other than its holder is designated as entitled to the proceeds or the disposition or charge authorized by the power or to any portion of the proceeds or other benefits to result from its execution.

Source: CivC 1877, § 305; CL 1887, § 2821; RCivC 1903, § 328; RC 1919, § 397; SDC 1939, § 59.0410.
S.D. Codified Laws § 43-17-15 — SD Code / Title 43 / Chapter 17 / Section 43-17-15
Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials
Status: in_force

In the event that any owner or owners of land acquired by reliction shall fail or neglect to comply with the provisions of § 43-17-14 within the time therein specified the supervisors of the township or townships, or trustees or city council or commissioners of the municipality where such relicted land or any part thereof is situated, or either of them, may institute an action in the circuit court of the county where such land or any part thereof is situated against the owners of such lands to compel and cause the subdivision of such relicted lands in the proper proportions among the various owners thereof and that the same be surveyed by a competent surveyor, such survey, showing the area and boundaries of such relicted land to which each owner is entitled, to be made and recorded in the office of the register of deeds of the county or counties where any such land or any part thereof is situated.

Source: SL 1903, ch 173, § 2; RC 1919, § 505; SDC 1939, § 51.1111; SL 1992, ch 60, § 2.
S.D. Codified Laws § 43-43-5 — SD Code / Title 43 / Chapter 43 / Section 43-43-5
Subsequent inventor, author, or composer--Identical production--Rights of respective owners
Status: in_force

If the owner of a product of the mind does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior author which right is exclusive to the same extent against all persons except the prior author or those claiming under him.

Source: CivC 1877, § 574; CL 1887, § 3197; RCivC 1903, § 890; RC 1919, § 488; SDC 1939, § 51.0808.
S.D. Codified Laws § 43-41B-11 — SD Code / Title 43 / Chapter 41B / Section 43-41B-11
Property of business associations held in course of dissolution
Status: in_force

Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than one year after the date specified for final distribution is presumed abandoned.

Source: SL 1992, ch 312, § 11.
S.D. Codified Laws § 43-4-49 — SD Code / Title 43 / Chapter 4 / Section 43-4-49
Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable
Status: in_force

Any private transfer fee obligation recorded or entered into in this state after June 30, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state after June 30, 2011, is void and unenforceable. No private transfer fee obligation recorded or entered into in this state before June 30, 2011, is presumed valid and enforceable.

Source: SL 2011, ch 196, § 4.
S.D. Codified Laws § 43-32-31 — SD Code / Title 43 / Chapter 32 / Section 43-32-31
Notice to vacate and remove mobile or manufactured home from leased property
Status: in_force

Any person who leases real property to an owner of a mobile or manufactured home shall, if the property is developed for an alternate use, give no less than ninety days notice to vacate and remove the home from the real property. The provisions of this section do not apply if the notice is based upon a breach of the terms of a lease.

Source: SL 2008, ch 228, § 1.
S.D. Codified Laws § 43-45-17 — SD Code / Title 43 / Chapter 45 / Section 43-45-17
Employee benefit plan defined
Status: in_force

For the purposes of §§ 43-45-16 to 43-45-18 , inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§ 1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in § 401, 403(a), 403(b), 408, 408A, 409, 414, 457, or 501(a) of the Internal Revenue Code, as amended, and in effect as of January 1, 2007. The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. § 1003(b)(1), as amended, and in effect as of January 1, 2007.

Source: SL 1997, ch 250, § 3; SL 2000, ch 215, § 1; SL 2007, ch 252, § 2.
S.D. Codified Laws § 43-40-5 — SD Code / Title 43 / Chapter 40 / Section 43-40-5
Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotel keeper--Limitation as to amount--Exceptions
Status: in_force

The liability of the keeper of any inn or hotel, whether individual, partnership, limited liability company, or corporation, for loss of or injury to personal property placed by any guest under the keeper's care, other than that described in §§ 43-40-1 to 43-40-4 , inclusive, is that of a depository for hire, except that if the loss or injury is caused by fire not intentionally produced by the innkeeper or the innkeeper's servants, the innkeeper is not liable. In no case may the liability exceed the sum of one hundred fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle, or package, and contents, so placed under the innkeeper's care, and all other miscellaneous effects, including wearing apparel and personal belongings, fifty dollars, unless the innkeeper has consented in writing with the guest to assume a greater liability.

Source: SL 1913, ch 237, § 4; RC 1919, § 1001; SDC 1939, § 60.0704; SL 1994, ch 351, § 169.
S.D. Codified Laws § 43-11-14 — SD Code / Title 43 / Chapter 11 / Section 43-11-14
Manner of creating power
Status: in_force

A power may be created only:

(1) By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or

(2) By a devise contained in a will.

Source: CivC 1877, § 309; CL 1887, § 2825; RCivC 1903, § 332; RC 1919, § 401; SDC 1939, § 59.0414.
S.D. Codified Laws § 43-32-25 — SD Code / Title 43 / Chapter 32 / Section 43-32-25
Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor
Status: in_force

The property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.

Source: SL 1976, ch 267, § 7; SL 2008, ch 227, § 1.
S.D. Codified Laws § 43-8-8 — SD Code / Title 43 / Chapter 8 / Section 43-8-8
Estate at will--Residential property--Termination by notice--Extended notice for active military service
Status: in_force

A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by § 43-8-9 unless:

(1) The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or

(2) The landlord has sold the property or the property has passed to the landlord's estate.

For the purposes of this section, an immediate family member is a spouse or minor child.

Source: CivC 1877, § 239; CL 1887, § 2755; RCivC 1903, § 262; RC 1919, § 332; SDC 1939, § 51.0501; SL 2011, ch 197, § 1; SL 2024, ch 178, § 1.
S.D. Codified Laws § 43-32-9 — SD Code / Title 43 / Chapter 32 / Section 43-32-9
Failure of lessor to repair premises--Lessee's remedies
Status: in_force

If within a reasonable time after notice to the lessor of conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair he neglects to do so, the lessee may repair the same himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions.

If the cost of necessary repairs exceeds one month's rent, after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account, written evidence of such action to be provided to the lessor upon deposit, maintained only for the purpose of making repairs until such time as the lessor makes the repairs, at which time the lessee shall release the deposit to the lessor or until sufficient money is accumulated in the account for the lessee to cause the repairs to be made and paid for.

Source: CivC 1877, § 1115; CL 1887, § 3738; RCivC 1903, § 1434; RC 1919, § 1058; SDC 1939, § 38.0410; SL 1976, ch 267, § 5.
S.D. Codified Laws § 43-3-2 — SD Code / Title 43 / Chapter 3 / Section 43-3-2
Effect of conditions precedent or subsequent
Status: in_force

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending of the right.

Source: CivC 1877, § 197; CL 1887, § 2713; RCivC 1903, § 220; RC 1919, § 290; SDC 1939, § 51.0224.
S.D. Codified Laws § 43-5-3 — SD Code / Title 43 / Chapter 5 / Section 43-5-3
Term of years--Suspension of absolute ownership
Status: in_force

The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.

Source: CivC 1877, § 227; CL 1887, § 2743; RCivC 1903, § 250; RC 1919, § 320; SDC 1939, § 51.0411.
S.D. Codified Laws § 43-11-30 — SD Code / Title 43 / Chapter 11 / Section 43-11-30
Power irrevocable unless authorized by instrument creating the power
Status: in_force

Every power, beneficial or in trust, is irrevocable unless an authority to revoke it is given or reserved in the instrument creating the power.

Source: CivC 1877, § 311; CL 1887, § 2827; RCivC 1903, § 334; RC 1919, § 403; SDC 1939, § 59.0416.
S.D. Codified Laws § 43-1-6 — SD Code / Title 43 / Chapter 1 / Section 43-1-6
Law governing real property
Status: in_force

Real property within this state is governed by the law of this state, except where the title is in the United States.

Source: CivC 1877, § 217; CL 1887, § 2733; RCivC 1903, § 240; RC 1919, § 310; SDC 1939, § 51.0401.
S.D. Codified Laws § 43-17-6 — SD Code / Title 43 / Chapter 17 / Section 43-17-6
Surveying and subdividing accretion lands--Permanency of uncontested boundaries
Status: in_force

When any tract of accretion lands shall have been, or may hereafter be, surveyed and subdivided by a licensed surveyor and approved by the circuit court and the boundaries of the various riparian owners have been established and have remained uncontested for a period of six years or more, after final judgment in the court having jurisdiction of the subject matter, such boundaries shall be permanent as long as the title is not lost by erosion or submergence or other laws governing accretion lands.

Source: SL 1941, ch 214, § 1; SDC Supp 1960, § 51.1104-1.
S.D. Codified Laws § 43-39-20 — SD Code / Title 43 / Chapter 39 / Section 43-39-20
Notice to owner of adverse claim
Status: in_force

A depository must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited which may tend to excuse the depository from delivering the thing to him.

Source: CivC 1877, § 1042; CL 1887, § 3666; RCivC 1903, § 1361; RC 1919, § 978; SDC 1939, § 60.0102 (4).
S.D. Codified Laws § 43-25-31 — SD Code / Title 43 / Chapter 25 / Section 43-25-31
Conveyances by owner for life or for years
Status: in_force

A grant, made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.

Source: CivC 1877, § 630; CL 1887, § 3251; RCivC 1903, § 944; RC 1919, § 552; SDC 1939, § 51.1411.
S.D. Codified Laws § 43-2B-8 — SD Code / Title 43 / Chapter 2B / Section 43-2B-8
No cause of action against state--No limitation on penalty or remedy
Status: in_force

Nothing in this chapter:

(1) Creates a cause of action against the state or limits the discretion of the attorney general to decline to bring an action under this chapter; or

(2) Limits any penalty or remedy set forth in chapter 43-2A regarding the ownership or leasing of agricultural land.

Source: SL 2026, ch 177, § 8.
S.D. Codified Laws § 43-6-2 — SD Code / Title 43 / Chapter 6 / Section 43-6-2
Disposition of income from future interests
Status: in_force

Dispositions of the income of property, to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title, in relation to future interests.

Source: CivC 1877, § 204; CL 1887, § 2720; RCivC 1903, § 227; RC 1919, § 297; SDC 1939, § 51.0302.
S.D. Codified Laws § 43-13-16.1 — SD Code / Title 43 / Chapter 13 / Section 43-13-16.1
Solar easement defined
Status: in_force

For purposes of §§ 43-13-17 to 43-13-20.5 , inclusive, the term, solar easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a photovoltaic solar power system to the sun, or an agreement to refrain from developing a photovoltaic solar power system.

Source: SL 2017, ch 188, § 1.
S.D. Codified Laws § 43-11-5 — SD Code / Title 43 / Chapter 11 / Section 43-11-5
Definition of terms--Author of power--Holder of power
Status: in_force

The author of a power as the term is used in this chapter is the person by whom a power is created, whether by grant or devise; and the holder of a power is the person in whom the power is vested, whether by grant, devise, or reservation.

Source: CivC 1877, § 299; CL 1887, § 2815; RCivC 1903, § 322; RC 1919, § 391; SDC 1939, § 59.0404.
S.D. Codified Laws § 43-8-11 — SD Code / Title 43 / Chapter 8 / Section 43-8-11
Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient
Status: in_force

Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by § 43-8-9 .

Source: CivC 1877, § 242; CL 1887, § 2758; RCivC 1903, § 265; RC 1919, § 335; SDC 1939, § 51.0504.
S.D. Codified Laws § 43-9-12 — SD Code / Title 43 / Chapter 9 / Section 43-9-12
Effect of remainder limited on estate for life or for years
Status: in_force

When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years.

Source: CivC 1877, § 237; CL 1887, § 2753; RCivC 1903, § 260; RC 1919, § 330; SDC 1939, § 51.0421.
S.D. Codified Laws § 43-36-3 — SD Code / Title 43 / Chapter 36 / Section 43-36-3
Gift not subject to revocation by giver--Exception--Gift in view of death
Status: in_force

A gift, other than a gift in view of death, cannot be revoked by the giver.

Source: CivC 1877, § 641; CL 1887, § 3262; RCivC 1903, § 955; RC 1919, § 563; SDC 1939, § 51.1508.
S.D. Codified Laws § 43-2A-5 — SD Code / Title 43 / Chapter 2A / Section 43-2A-5
Nonresident alien becoming bona fide resident--Right to acquire agricultural land
Status: in_force

Any foreign person who is or becomes a resident may acquire and hold agricultural land in this state, upon the same terms as a resident of this state, during the continuance of the residency.

If the foreign person ceases to be a resident, the foreign person has three years from the time the residency is terminated to dispose of agricultural land in excess of one hundred sixty acres.

Source: SL 1979, ch 291, § 3; SL 2024, ch 176, § 5.
S.D. Codified Laws § 43-25-24 — SD Code / Title 43 / Chapter 25 / Section 43-25-24
Conveyances by unincorporated association prior to 1979 validated--Presumption as to legal capacity--Vested rights protected
Status: in_force

All conveyances of real property, dated, and recorded in the county where the property is situated, by any unincorporated religious, benevolent, fraternal, charitable, or educational association, prior to January 1, 1992, are, notwithstanding the omission of a resolution directing such conveyance, or the giving of notice of the proposed action thereon, by the said association, its trustees, officers, or members, as provided in § 43-25-22 , validated, legalized, and cured to the extent that such conveyances shall operate to convey to the persons named as grantees therein, all the right, title, and interest of any of said associations, whether such conveyances purport to have been executed by the members, officers, trustees, agents, or directors thereof; provided, however, that nothing appears of record subsequent to any such conveyances purporting to divest such persons, or their immediate or remote grantees, of such purported interest.

In order to effectuate the purposes of the foregoing provisions, it shall be conclusively presumed that all such associations had legal capacity to own such real estate and had the legal right to convey the same.

If any person had any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1959, ch 462; SDC Supp 1960, § 65.0342; SL 1963, ch 463; SL 1969, ch 289; SL 1980, ch 295; SL 1992, ch 307, § 54.
S.D. Codified Laws § 43-2A-6 — SD Code / Title 43 / Chapter 2A / Section 43-2A-6
Violation--Forfeiture to state--Minority interest--Civil penalty--Enforcement--Impact on title--Fractional interest--Appraisal
Status: in_force

Any agricultural land owned in violation of this chapter is forfeited to the state. Any agricultural land lease, or easement, held by a prohibited entity in violation of this chapter, is terminated.

Any agriculture land acquired by devise or descent, wherein a minority owner is in violation of this chapter, is subject to forfeiture of the violating minority owner’s interest share, plus an additional civil penalty in an amount equal to the fair market value of the violating minority owner's interest share.

The attorney general shall enforce the forfeiture or the termination of a lease or easement. A forfeiture or a termination of a lease or easement may not be adjudged unless the action to enforce is brought within three years after evidence of a violation of this chapter is referred to the attorney general, as provided for in § 43-2A-6.1 . No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or interested person.

Any fractional interest in any land forfeited to the state must first be made available to the other equitable owners of the land at fair market value. The attorney general may determine fair market value under this section by an appraisal or a value of two times the assessed taxable valuation of the land.

Source: SL 1979, ch 291, § 6; SL 2024, ch 176, § 6; SL 2026, ch 176, § 2.
S.D. Codified Laws § 43-30-4 — SD Code / Title 43 / Chapter 30 / Section 43-30-4
Filing of notice of claim of interest--Persons authorized to file
Status: in_force

The notice mentioned in § 43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record.

Source: SL 1947, ch 233, § 4; SL 1951, ch 256, § 4; SDC Supp 1960, § 51.16B04.
S.D. Codified Laws § 43-19-1 — SD Code / Title 43 / Chapter 19 / Section 43-19-1
Erection of permanent landmarks by organized township--Monuments of durable material--Size and characteristics--Placement under contract
Status: in_force

Whenever a civil township meeting shall have lawfully ordered the erection of landmarks, the board of supervisors shall procure a sufficient number of monuments of stone, or other durable material, each not less than thirty inches in length and six inches square, flat top, having engraved thereon the characters used and designated in United States government surveys, and shall also contract with a registered land surveyor for the survey of all sections of such township and the erection of such monuments, one at each section corner and one at each external quarter section corner in such township, each to be set two feet in the ground, except in highways, where the top shall be even with or below the surface.

Source: SL 1890, ch 35, § 2; RPolC 1903, § 1151; SL 1909, ch 148; RC 1919, § 6141; SDC 1939, § 58.1201; SL 1974, ch 282, § 7.
S.D. Codified Laws § 43-41B-13 — SD Code / Title 43 / Chapter 41B / Section 43-41B-13
Property held by agents and fiduciaries
Status: in_force

(a) Intangible property and any income or increment derived therefrom held by fiduciaries and agents for the benefit of another person is presumed abandoned unless the owner, within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.

(b) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (a) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.

(c) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise.

(d) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.

Source: SL 1992, ch 312, § 12; SL 2012, ch 209, § 7.
S.D. Codified Laws § 43-15A-21 — SD Code / Title 43 / Chapter 15A / Section 43-15A-21
Receipts kept by developer--Inspection--Duration
Status: in_force

Receipts taken for any public report shall be kept on file in possession of the developer subject to inspection at a reasonable time by the Real Estate Commission or its deputies, for a period of three years from the date the receipt was taken.

Source: SL 1975, ch 270, § 14; SL 1986, ch 302, § 90.
S.D. Codified Laws § 43-45-14 — SD Code / Title 43 / Chapter 45 / Section 43-45-14
Exemption of earnings from garnishment process or levy-Bankruptcy
Status: in_force

For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§ 21-18-51 to 21-18-53 , inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. § 301 et. seq. only, a debtor's claimed exemptions may include earned, but unpaid earnings, whether or not such earnings have been garnished, subject to the limits of § 43-45-4 and provisions of 11 U.S.C. § 547.

Source: SL 1990, ch 157, § 9; SL 2007, ch 251, § 1.
S.D. Codified Laws § 43-4-12 — SD Code / Title 43 / Chapter 4 / Section 43-4-12
Redelivery of grant does not transfer title
Status: in_force

Redelivering a grant of real property to the grantor or canceling it does not operate to retransfer the title.

Source: CivC 1877, § 610; CL 1887, § 3233; RCivC 1903, § 926; RC 1919, § 528; SDC 1939, § 51.1308.
S.D. Codified Laws § 43-28-19 — SD Code / Title 43 / Chapter 28 / Section 43-28-19
Recitals as to marital status, homestead status, or identity of parties in instruments affecting title to real property--Evidentiary effect
Status: in_force

Recitals as to the marital status of parties to the instrument, or as to the homestead status of the property, or as to the identity of parties named in instruments in the chain of title, in any conveyance or other instrument affecting title to real estate in this state, which has been, or hereafter shall be, recorded in the office of the register of deeds for the county in which the land is situated, or the record of the instrument, or a certified copy of the record, shall be prima facie evidence of the truth of such recitals.

Source: SL 1968, ch 198.
S.D. Codified Laws § 43-24-1 — SD Code / Title 43 / Chapter 24 / Section 43-24-1
Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote
Status: in_force

This chapter shall not take effect and be in force in any township in this state where the average assessed valuation of agricultural or farmlands is less than thirty dollars per acre, unless a petition signed by at least ten percent of the legal freeholders of said civil township on or before February first, in any year, shall be submitted to the township board of supervisors by filing the same in the office of the town clerk, requesting such supervisors to submit to the voters of such civil township at the next township election on a separate ballot, the question whether or not this chapter shall be of force and effect in such civil township. Such ballot shall be in the following form: "Yes ____ No ____ for division and partition fence law." If a majority of voters of such township voting on such proposition shall vote in favor of the division and partition fence law, then this chapter shall be in force and effect in such township.

Source: SL 1917, ch 237, § 5; RC 1919, § 10539; SL 1919, ch 205; SDC 1939, § 19.0201.
S.D. Codified Laws § 43-32-33 — SD Code / Title 43 / Chapter 32 / Section 43-32-33
Service animal and disability defined
Status: in_force

For the purposes of §§ 43-32-34 to 43-32-36 , inclusive, the term, service animal, refers to any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal, and the term, disability, is a physical or mental impairment that substantially limits one or more major life activities of a person.

Source: SL 2018, ch 259, § 1.
S.D. Codified Laws § 43-13-7 — SD Code / Title 43 / Chapter 13 / Section 43-13-7
Effect of partition of dominant tenement--Apportionment of burden--Limitation
Status: in_force

In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement.

Source: CivC 1877, § 250; CL 1887, § 2766; RCivC 1903, § 273; RC 1919, § 343; SDC 1939, § 51.0605.
S.D. Codified Laws § 43-2A-4 — SD Code / Title 43 / Chapter 2A / Section 43-2A-4
Aliens acquiring agricultural land by process of law--Time to alienate title
Status: in_force

The prohibitions of § 43-2A-2 do not apply to agricultural lands acquired by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, all agricultural lands so acquired shall be disposed of within three years after acquiring title.

Source: SL 1979, ch 291, § 2.
S.D. Codified Laws § 43-44-10 — SD Code / Title 43 / Chapter 44 / Section 43-44-10
Unauthorized use or wearing of registered emblem--Classification of offense
Status: in_force

It is a petty offense for any person to use any emblem which has been registered under the provisions of this chapter, or one so nearly resembling it as to be calculated to deceive or mislead, unless he is entitled to wear or use it under the constitution, bylaws, rules, or regulations of the lodge, association, or organization registering the emblem. Any person who intentionally wears, exhibits, displays, or uses, for any purpose, the emblem of an association or organization registered under the provisions of this chapter, unless he is entitled to use and wear the same under the constitution, bylaws, rules, or regulations of such association or organization, is guilty of a Class 2 misdemeanor.

Source: SL 1933, ch 82, § 6; SDC 1939, §§ 51.0904, 51.9902; SL 1983, ch 15, § 17.
S.D. Codified Laws § 43-11-2 — SD Code / Title 43 / Chapter 11 / Section 43-11-2
Creation of beneficial power in relation to real property limited
Status: in_force

No beneficial power, general or special, not specified and defined in this chapter can hereafter be created.

Source: CivC 1877, § 349; CL 1887, § 2865; RCivC 1903, § 372; RC 1919, § 439; SDC 1939, § 59.0452.
S.D. Codified Laws § 43-39-29 — SD Code / Title 43 / Chapter 39 / Section 43-39-29
Termination of deposit--Payment of charges to become due
Status: in_force

Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depository in case of the deposit so continuing.

Source: CivC 1877, § 1061; CL 1887, § 3685; RCivC 1903, § 1380; RC 1919, § 997; SDC 1939, § 60.0102 (20).
S.D. Codified Laws § 43-11-15 — SD Code / Title 43 / Chapter 11 / Section 43-11-15
Vesting of power
Status: in_force

A power may be vested in any person.

Source: CivC 1877, § 308; CL 1887, § 2824; RCivC 1903, § 331; RC 1919, § 400; SDC 1939, § 59.0413.
S.D. Codified Laws § 43-15B-3 — SD Code / Title 43 / Chapter 15B / Section 43-15B-3
Registration of projects
Status: in_force

Any time - share project shall be registered annually with the Real Estate Commission.

Source: SL 1983, ch 273, § 3; SL 1986, ch 302, § 95.
S.D. Codified Laws § 43-4-22 — SD Code / Title 43 / Chapter 4 / Section 43-4-22
Exemptions from real estate transfer fee
Status: in_force

The fee imposed by § 43-4-21 does not apply to any transfer of title:

(1) Recorded before July 1, 1968;

(2) By or to the United States of America, this state, or any instrumentality, agency, or political subdivision of either;

(3) Solely in order to provide for or to release security for a debt or obligation;

(4) Which confirms or corrects a deed previously executed and recorded;

(5) Between husband and wife, or parent and child with only nominal actual consideration therefor;

(6) On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;

(7) On partition;

(8) Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred;

(9) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;

(10) Pursuant to decrees of distribution entered in any decedent's estate;

(11) Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person;

(12) Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors;

(13) On cemetery lots and grave sites;

(14) Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person;

(15) Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship;

(16) Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance;

(17) Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment, or separate maintenance;

(18) For which no consideration was given;

(19) Between any limited liability company and its members.

Source: SL 1968, ch 27, § 6; SL 1969, ch 26, §§ 2, 3; SL 1972, ch 232, § 1; SL 1978, ch 304; SL 1980, ch 292; SL 1985, ch 335; SL 1989, ch 376; SL 1990, ch 346; SL 1994, ch 351, § 168.
S.D. Codified Laws § 43-30-10 — SD Code / Title 43 / Chapter 30 / Section 43-30-10
Purpose of chapter--Construction
Status: in_force

This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty - three years prior to the date of an affidavit of possession made and recorded as prescribed by § 43-30-7 , and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claim arises out of or depends upon any act, transaction, event, or omission antedating a period twenty - two years prior to the date of an affidavit made and recorded as prescribed by § 43-30-7 , unless a notice of such claim, as provided in § 43-30-5 , shall have been duly filed for record.

Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
S.D. Codified Laws § 43-22-2 — SD Code / Title 43 / Chapter 22 / Section 43-22-2
Division of state into zones for purpose of system
Status: in_force

For the purposes of this chapter, the South Dakota state plane coordinate system is divided into zones established by the National Geodetic Survey as a component of the National Spatial Reference System. Each zone shall be uniquely and consistently defined within the South Dakota state plane coordinate system.

Source: SL 1947, ch 231, § 1; SDC Supp 1960, § 18.0301; SL 1988, ch 349, § 2; SL 2022, ch 163, § 2.
S.D. Codified Laws § 43-25-18.5 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.5
Court authorized to place conditions on sale proceeds
Status: in_force

As part of the decree or judgment entered in any action commenced under §§ 43-25-18.1 to 43-25-18.6 , inclusive, the court may require that the real property be sold and that the proceeds from the sale be used for similar religious, educational, charitable, benevolent, or public purposes as provided in the original conveyance, and that the condition subsequent contained in the original conveyance attach to the sale proceeds upon such terms and conditions as the court may determine. The court may also require that the sale proceeds be used to purchase other real property or be put to such other uses consistent with the condition subsequent as the court determines.

Source: SL 2005, ch 232, § 5.
S.D. Codified Laws § 43-30-11 — SD Code / Title 43 / Chapter 30 / Section 43-30-11
Claims barred by chapter--Definition
Status: in_force

The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural or corporate or private or governmental.

Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
S.D. Codified Laws § 43-13-20.4 — SD Code / Title 43 / Chapter 13 / Section 43-13-20.4
Waiting period for execution of wind or solar easement or lease
Status: in_force

No wind or solar easement or wind or solar lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner.

Source: SL 2010, ch 213, § 6; SL 2017, ch 188, § 9.
S.D. Codified Laws § 43-43A-3 — SD Code / Title 43 / Chapter 43A / Section 43-43A-3
Sale of recordings without identification of manufacturer and performers as felony
Status: in_force

It is a Class 6 felony for any person to distribute, advertise, circulate, sell, or offer for sale or possess for the purpose of sale, at wholesale or retail, any phonograph record, disc, tape, wire, film, or other article on which sounds have been transferred, unless such phonograph record, disc, tape, wire, film, or other article prominently discloses the actual name and street address of the manufacturer thereof, and the name of the actual performing artist or group. As used in this section, the term "manufacturer" shall not include the manufacturer of the cartridge or casing itself.

Source: SL 1975, ch 172, § 3; SL 1983, ch 15, § 13.
S.D. Codified Laws § 43-17-2 — SD Code / Title 43 / Chapter 17 / Section 43-17-2
Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways
Status: in_force

Unless the grant under which the land is held indicates a different intent, the owner of the upland, if it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low water mark. All navigable rivers and lakes are public highways within fifty feet landward from the water's nearest edge, provided that the outer boundary of such public highway may not expand beyond the ordinary high water mark and may not contract within the ordinary low water mark, and subject to §§ 43-17-29 , 43-17-31 , 43-17-32 , and 43-17-33 .

Source: CivC 1877, § 266; CL 1887, § 2782; RCivC 1903, § 289; RC 1919, § 359; SDC 1939, § 51.0703; SL 1985, ch 337, § 1; SL 1989, ch 379, § 1.
S.D. Codified Laws § 43-31-18 — SD Code / Title 43 / Chapter 31 / Section 43-31-18
Application by spouse of protected person for conveyance or encumbrance by conservator
Status: in_force

If the spouse of a protected person is the owner of a homestead, such spouse may make application to the circuit court for any county where such homestead, or any part thereof, is located for an order directing the conservator of such protected person to join with such spouse in a conveyance or encumbrance of such homestead.

Source: SDC 1939, § 51.1704; SL 1972, ch 233, § 7; SL 1993, ch 213, § 237.
S.D. Codified Laws § 43-2-12 — SD Code / Title 43 / Chapter 2 / Section 43-2-12
Joint tenancy interest--Title created by will or transfer
Status: in_force

A joint tenancy interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants.

Source: CivC 1877, § 176; CL 1887, § 2692; RCivC 1903, § 199; RC 1919, § 269; SDC 1939, § 51.0212; SL 1951, ch 255; SL 1995, ch 167, § 188.
S.D. Codified Laws § 43-19-3 — SD Code / Title 43 / Chapter 19 / Section 43-19-3
Bond of surveyor contracting to erect permanent landmarks for organized township
Status: in_force

The surveyor with whom a contract is made pursuant to § 43-19-1 shall, before the signing and delivery of such contract, give a bond to the township in the sum of one thousand dollars, with sufficient sureties, to be approved by the board, conditioned that he will make a correct and true survey of all the sections in such township, and cause landmarks to be set permanently at the section and quarter section corners as established by the United States survey, and faithfully perform such work and the duties imposed upon him according to law.

Source: SL 1890, ch 35, § 2; RPolC 1903, § 1151; SL 1909, ch 148; RC 1919, § 6141; SDC 1939, § 58.1201.
S.D. Codified Laws § 43-8-5 — SD Code / Title 43 / Chapter 8 / Section 43-8-5
Tenant for years or at will--Restriction of rights by instrument creating tenancy
Status: in_force

A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired or by § 43-8-6 .

Source: CivC 1877, § 258; CL 1887, § 2774; RCivC 1903, § 281; RC 1919, § 351; SDC 1939, § 38.0406.
S.D. Codified Laws § 43-17-32 — SD Code / Title 43 / Chapter 17 / Section 43-17-32
Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions
Status: in_force

Any landowner may deny a state agency the use of his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. Any state agency may allow public access for stated purposes to taxable private property if the landowner has given his permission for such access and use and if all taxes paid by the landowner on the property for the period in which the property is open to public use are reimbursed by the state agency. This section does not apply to public highways that are maintained for use by motor vehicles.

Source: SL 1989, ch 379, § 4.
S.D. Codified Laws § 43-5-1 — SD Code / Title 43 / Chapter 5 / Section 43-5-1
Absolute power of alienation--Suspension--Limitation
Status: in_force

The absolute power of alienation may not be suspended by any limitation or condition whatever for a longer period than during the continuance of the lives of persons in being plus a period of thirty years at the creation of the limitation or condition, except in the single case mentioned in § 43-9-5 relating to contingent fee remainder on a prior fee remainder.

Source: CivC 1877, § 201; CL 1887, § 2717; RCivC 1903, § 224; RC 1919, § 294; SDC 1939, § 51.0231; SL 1983, ch 304, § 6.
S.D. Codified Laws § 43-3-5 — SD Code / Title 43 / Chapter 3 / Section 43-3-5
Conditions restraining alienation--Effect of repugnancy
Status: in_force

Conditions restraining alienation, when repugnant to the interest created, are void.

Source: CivC 1877, § 200; CL 1887, § 2716; RCivC 1903, § 223; RC 1919, § 293; SDC 1939, § 51.0227.
S.D. Codified Laws § 43-11-58 — SD Code / Title 43 / Chapter 11 / Section 43-11-58
Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons
Status: in_force

If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution must be adjudged for the benefit equally of all the persons designated as objects of the trust.

Source: CivC 1877, § 354; CL 1887, § 2870; RCivC 1903, § 377; RC 1919, § 444; SDC 1939, § 59.0457.
S.D. Codified Laws § 43-7-5 — SD Code / Title 43 / Chapter 7 / Section 43-7-5
Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee
Status: in_force

Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.

Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.
S.D. Codified Laws § 43-4-20 — SD Code / Title 43 / Chapter 4 / Section 43-4-20
Definition of terms
Status: in_force

Terms used in §§ 43-4-20 to 43-4-26 , inclusive, mean:

(1) "Consideration," any type of property or thing of legal value, whether delivered in the past, present, or to be delivered in the future. The term includes like-kind exchanges of property;

(2) "Deed," any instrument for the purpose of transferring or conveying the fee title to real property;

(3) "Register," the register of deeds of any county in the State of South Dakota; and

(4) "Value," in the case of any deed not a gift, the amount of the full consideration therefor paid, or to be paid.

Source: SL 1968, ch 27, § 1; SL 1987, ch 314; SL 2007, ch 248, § 1.
S.D. Codified Laws § 43-2-13 — SD Code / Title 43 / Chapter 2 / Section 43-2-13
Conveyance of interest in property to spouse--Joint tenancy created
Status: in_force

Any deed, transfer, or assignment of real or personal property from husband to wife or from wife to husband which conveys an interest in the grantor's lands or personal property and by its terms evinces an intent on the part of the grantor to create a joint tenancy between grantor and grantee shall be held and construed to create such joint tenancy, and any husband and wife who are grantor and grantee in any such deed, transfer, or assignment heretofore given shall hold the property described in such deed, transfer, or assignment as joint tenants.

Source: SDC 1939, § 51.0212 as added by SL 1951, ch 255.
S.D. Codified Laws § 43-41B-32 — SD Code / Title 43 / Chapter 41B / Section 43-41B-32
Retention of records
Status: in_force

(a) Every holder required to file a report under § 43-41B-18 , as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for ten years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (b) or by rule of the administrator.

(b) Any holder that sells in this state its travelers checks, money orders, or other similar written instruments, other than third - party bank checks on which the holder is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable.

Source: SL 1992, ch 312, § 31.
S.D. Codified Laws § 43-32-11 — SD Code / Title 43 / Chapter 32 / Section 43-32-11
Use of premises when leased for particular or specified purpose--Responsibility of lessee--Rescission of contract
Status: in_force

If premises are leased for a particular and specified purpose the tenant must not use the premises for other purposes; and if he does, the landlord may hold him responsible for the safety of the premises during such use, at all events, or he may treat the contract as thereby rescinded.

Source: SDC 1939, § 38.0419.
S.D. Codified Laws § 43-17-14 — SD Code / Title 43 / Chapter 17 / Section 43-17-14
Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey
Status: in_force

It shall be the duty of all owners of land acquired by reliction to cause the same to be apportioned and divided among the various owners entitled thereto and to have the same surveyed, marking each separate tract "Relicted lot No. ____," numbering consecutively, beginning with the number "1," by a registered land surveyor and to cause such survey to show the area of and boundaries of each tract to be recorded in the office of the register of deeds within the county or counties where such land is situated within three months from the appropriation thereof.

Source: SL 1903, ch 173, § 1; RC 1919, § 504; SDC 1939, § 51.1110; SL 1974, ch 282, § 6.
S.D. Codified Laws § 43-41B-21 — SD Code / Title 43 / Chapter 41B / Section 43-41B-21
Custody by state--Holder relieved from liability--Reimbursement of holder paying claim--Reclaiming for owner--Defense of holder--Payment of safe deposit box or repository charges
Status: in_force

(a) Upon the payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the administrator in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to the property.

(b) A holder who has paid money to the administrator pursuant to this chapter may make payment to any person appearing to the holder to be entitled to payment and, upon filing proof of payment and proof that the payee was entitled thereto, the administrator shall promptly reimburse the holder for the payment without imposing any fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a travelers check or money order, the holder must be reimbursed under this subsection upon filing proof that the instrument was duly presented and that payment was made to a person who appeared to the holder to be entitled to payment. The holder must be reimbursed for payment made under this subsection even if the payment was made to a person whose claim was barred under subsection 43-41B-30(a).

(c) A holder who has delivered property (including a certificate of any interest in a business association) other than money to the administrator pursuant to this chapter may reclaim the property if still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the owner has claimed the property from the holder.

(d) The administrator may accept the holder's affidavit as sufficient proof of the facts that entitle the holder to recover money and property under this section.

(e) If the holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim.

(f) For the purposes of this section, "good faith" means:

(1) Payment or delivery was made in a reasonable attempt to comply with this chapter;

(2) The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of this chapter; and

(3) There is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry.

(g) Property removed from a safe deposit box or other safekeeping repository is received by the administrator subject to the holder's right under this subsection to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges when the charges do not exceed the value of the property. The administrator shall reimburse or pay the holder out of the proceeds remaining after deducting the administrator's selling cost.

Source: SL 1992, ch 312, § 20.
S.D. Codified Laws § 43-41-9 — SD Code / Title 43 / Chapter 41 / Section 43-41-9
Manner of selling thing found by finder
Status: in_force

A sale under the provisions of § 43-41-8 must be made in the same manner as the sale of a thing pledged.

Source: CivC 1877, § 1070; CL 1887, § 3694; RCivC 1903, § 1390; RC 1919, § 1013; SDC 1939, § 60.0207.
S.D. Codified Laws § 43-15A-3 — SD Code / Title 43 / Chapter 15A / Section 43-15A-3
Establishment of condominium project--Master deed or lease
Status: in_force

Whenever a developer, the sole owner, or the co - owners of a building or buildings expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by § 43-15A-4 , their desire to submit their property to the formation of a condominium established by this chapter, there shall be thereby established a condominium project.

Source: SL 1975, ch 270, § 2.
S.D. Codified Laws § 43-11-40 — SD Code / Title 43 / Chapter 11 / Section 43-11-40
Married woman's capacity to execute a power
Status: in_force

A married woman may execute a power during her marriage without the concurrence of her husband unless otherwise prescribed by the terms of the power.

Source: CivC 1877, § 315; CL 1887, § 2831; RCivC 1903, § 338; RC 1919, § 407; SDC 1939, § 59.0420.
S.D. Codified Laws § 43-21-2 — SD Code / Title 43 / Chapter 21 / Section 43-21-2
Refusal or neglect to comply with law requiring plat and survey--Auditor to make and record plat
Status: in_force

If the owner of any parcel or lot of land that has been divided as set forth in § 43-21-1 shall refuse or neglect to cause such plat and survey to be made and recorded within thirty days after written request by the county auditor at the direction of the board of county commissioners then said auditor shall cause such plat to be made from the records of the register of deeds or from an actual survey of the land when necessary and shall have the same recorded.

Source: SL 1895, ch 154, § 3; RPolC 1903, § 985; RC 1919, § 5815; SDC 1939, § 51.1405; SL 1945, ch 214.
S.D. Codified Laws § 43-15B-6 — SD Code / Title 43 / Chapter 15B / Section 43-15B-6
Rules
Status: in_force

The Real Estate Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter.

Source: SL 1983, ch 273, § 6; SL 1986, ch 302, § 98.
S.D. Codified Laws § 43-3-10 — SD Code / Title 43 / Chapter 3 / Section 43-3-10
Vested future interest defined
Status: in_force

A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest.

Source: CivC 1877, § 186; CL 1887, § 2702; RCivC 1903, § 209; RC 1919, § 279; SDC 1939, § 51.0217.
S.D. Codified Laws § 43-41B-3 — SD Code / Title 43 / Chapter 41B / Section 43-41B-3
General rules for taking custody of intangible unclaimed property
Status: in_force

Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under §§ 43-41B-2 and 43-41B-5 to 43-41B-17 , inclusive, are satisfied and:

(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:

(i) The last known address of the person entitled to the property is in this state;

(ii) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property; or

(iii) The holder originating or issuing the intangible property is incorporated, organized, created or constructively located in this state;

(4) The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;

(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or

(6) The transaction out of which the property arose occurred in this state, and

(i)(A) The last known address of the apparent owner or other person entitled to the property is unknown; or

(B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

(ii) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

Source: SL 1992, ch 312, § 3.
S.D. Codified Laws § 43-18-9 — SD Code / Title 43 / Chapter 18 / Section 43-18-9
Record of field notes and plats--Matters required to be shown
Status: in_force

The record of the field notes and plats shall show distinctly of what piece of land it is a survey, at whose request it was made, what owners were notified and present, the date of the survey, the names of the chainmen, and that they were approved and sworn by the surveyor, when so required by law. The courses shall be taken according to the true meridian, and the variation of the magnetic needle therefrom shall be noted, and also when any material change therein shall occur.

Source: PolC 1877, ch 21, § 101; CL 1887, § 693; RPolC 1903, § 925; RC 1919, § 5992; SDC 1939, § 12.1205.
S.D. Codified Laws § 43-22-8 — SD Code / Title 43 / Chapter 22 / Section 43-22-8
Plane coordinate values--X and Easting--Y and Northing--Definitions
Status: in_force

The plane coordinate values of a point on the earth's surface, to be used to express the geographic position or location of such point in the appropriate zone of the South Dakota state plane coordinate system, consist of two distances, expressed in feet and decimals of a foot or meters and decimals of a meter. If the values are expressed in feet, a definition of one foot equals 0.3048 meter exactly is used as the standard foot for the South Dakota state plane coordinate system. One of the two distances, to be known as the east or x-coordinate, gives the distance east of the y-axis; the other, to be known as the north or y-coordinate, gives the distance north of the x-axis. The y-axis of any zone is parallel with the central meridian of that zone. The x-axis of any zone is at the right angles to the central meridian of that zone. Height is the coordinate value of the vertical elements of the National Spatial Reference System expressed as feet or meters and identified as ellipsoid height or orthometric height.

Source: SL 1947, ch 231, § 3; SDC Supp 1960, § 18.0303; SL 1988, ch 349, § 6; SL 1991, ch 364; SL 2022, ch 163, § 5.
S.D. Codified Laws § 43-15A-18 — SD Code / Title 43 / Chapter 15A / Section 43-15A-18
Supplementary report on investigations made after final or substitute report issued--True copy to purchasers
Status: in_force

If, after a final or substitute public report has been issued, the Real Estate Commission decides to conduct further inquiries or investigations in order to protect the general public in its real estate transactions, the commission may issue a supplementary public report describing the findings thereof. Upon the issuance of a supplementary public report, the developer shall issue a true copy thereof to all purchasers.

Source: SL 1975, ch 270, § 15; SL 1986, ch 302, § 87.
S.D. Codified Laws § 43-4-14 — SD Code / Title 43 / Chapter 4 / Section 43-4-14
Construction of grant--Limitations--Operative words
Status: in_force

A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.

If the operative words of a grant are doubtful, recourse may be had to its recitals to assist construction.

Source: CivC 1877, §§ 613, 614; CL 1887, §§ 3236, 3237; RCivC 1903, §§ 929, 930; RC 1919, §§ 531, 532; SDC 1939, § 51.1309.
S.D. Codified Laws § 43-41B-7 — SD Code / Title 43 / Chapter 41B / Section 43-41B-7
Funds owing under life insurance
Status: in_force

(a) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than three years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, but property described in subsection (c)(2) is presumed abandoned if unclaimed for more than three years.

(b) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the company.

(c) For purposes of this chapter, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the company is matured and the proceeds due and payable if:

(1) The company knows that the insured or annuitant has died; or

(2)(i) The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based;

(ii) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subparagraph (i); and

(iii) Neither the insured nor any other person appearing to have an interest in the policy within the preceding three years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company.

(d) For purposes of this chapter, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under subsection (a) if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.

(e) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured or owner that an automatic premium loan provision or other nonforfeiture provision has been exercised and the notice, given to an insured or owner whose last known address according to the records of the company is in this state, is undeliverable, the company shall make a reasonable search to ascertain the policyholder's correct address to which the notice must be mailed.

(f) Notwithstanding any other provision of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.

(g) Commencing on July 1, 1994, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state must request the following information:

(1) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class;

(2) The address of each beneficiary; and

(3) The relationship of each beneficiary to the insured.

Source: SL 1992, ch 312, § 7; SL 2012, ch 209, § 5.
S.D. Codified Laws § 43-17-28 — SD Code / Title 43 / Chapter 17 / Section 43-17-28
Persons who may request board determination--Jurisdiction of courts
Status: in_force

The Water Management Board shall determine any ordinary high or low water mark upon receiving a written request from an owner or lessee of real property riparian to a public lake, from twenty - five electors of the state or from a person seeking to develop, with approval by the Department of Game, Fish and Parks, the bed of a public lake for wildlife management purposes. The provisions of this section do not diminish the jurisdiction of the courts of this state otherwise to determine any ordinary high or low water mark in appropriate proceedings.

Source: SL 1985, ch 337, § 6.
S.D. Codified Laws § 43-2-15 — SD Code / Title 43 / Chapter 2 / Section 43-2-15
Partnership interest defined
Status: in_force

A partnership interest is one owned by several persons, in partnership, for partnership purposes.

Source: CivC 1877, § 177; CL 1887, § 2693; RCivC 1903, § 200; RC 1919, § 270; SDC 1939, § 51.0213.
S.D. Codified Laws § 43-17-10 — SD Code / Title 43 / Chapter 17 / Section 43-17-10
Title to land by avulsion--Reclamation by original owner of part of land carried away
Status: in_force

If a river or stream, navigable or not navigable, carries away by sudden violence a considerable and distinguishable part of a bank and bears it to the opposite bank or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof.

Source: CivC 1877, § 585; CL 1887, § 3208; RCivC 1903, § 901; RC 1919, § 499; SDC 1939, § 51.1105.
S.D. Codified Laws § 43-33-3 — SD Code / Title 43 / Chapter 33 / Section 43-33-3
Removal of property affixed to demised premises--Rights of tenant--Exception
Status: in_force

A tenant may remove from the demised premises any time during the continuance of his term, anything affixed thereto for purpose of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.

Source: CivC 1877, § 583; CL 1887, § 3206; RCivC 1903, § 899; RC 1919, § 497; SDC 1939, § 51.1103.
S.D. Codified Laws § 43-13-20.3 — SD Code / Title 43 / Chapter 13 / Section 43-13-20.3
Additional contents of wind or solar easement documents
Status: in_force

In addition to any other requirements of law, the filing required pursuant to § 43-13-17 shall include:

(1) The names and addresses of the parties;

(2) A legal description of the real property involved;

(3) Description of property rights conveyed;

(4) Term of the wind or solar easement;

(5) Description of any restrictions placed on the property for essential services as defined in § 43-13-20 ; and

(6) In the case of a third party acquisition, the name and address of the party for which the wind or solar easement is acquired.

Source: SL 2010, ch 213, § 5; SL 2017, ch 188, § 8.
S.D. Codified Laws § 43-20-11 — SD Code / Title 43 / Chapter 20 / Section 43-20-11
Filing fees--Exemption of surveys by United States
Status: in_force

All filings relative to official cadastral surveys of the Bureau of Land Management of the United States of America performed by authorized personnel shall be exempt from filing fees.

Source: SL 1967, ch 58, § 11.
S.D. Codified Laws § 43-39-13 — SD Code / Title 43 / Chapter 39 / Section 43-39-13
Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception
Status: in_force

A depository may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.

Source: CivC 1877, § 1047; CL 1887, § 3671; RCivC 1903, § 1366; RC 1919, § 983; SDC 1939, § 60.0102 (9).
S.D. Codified Laws § 43-11-28 — SD Code / Title 43 / Chapter 11 / Section 43-11-28
Effects on the power of a lien by mortgage
Status: in_force

The effects on the power of a lien by mortgage such as is mentioned in § 43-11-27 are:

(1) That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and

(2) That any subsequent estate created by the owner in the execution of the power becomes subject to the mortgage in the same manner as if in terms embraced therein.

Source: CivC 1877, § 347; CL 1887, § 2863; RCivC 1903, § 370; RC 1919, § 437; SDC 1939, § 59.0450.
S.D. Codified Laws § 43-39-12 — SD Code / Title 43 / Chapter 39 / Section 43-39-12
Depository of living animals--Food and shelter--Kind treatment
Status: in_force

A depository of living animals must provide them with suitable food and shelter and treat them kindly.

Source: CivC 1877, § 1046; CL 1887, § 3670; RCivC 1903, § 1365; RC 1919, § 982; SDC 1939, § 60.0102 (8).
S.D. Codified Laws § 43-22-12.1 — SD Code / Title 43 / Chapter 22 / Section 43-22-12.1
Description of location on system of plane coordinates
Status: in_force

For purposes of describing the location of any survey station or land boundary corner in the state, it is a complete, legal, and satisfactory description of the location to give the position of the survey station or land boundary corner on the system of plane coordinates defined in this chapter. Whenever coordinates based on the South Dakota state plane coordinate system are used to describe any tract of land that in the same document is also described by reference to any subdivision, line, or corner of the United States Public Lands Survey, the description by coordinates must be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record, and in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States Public Lands Survey prevails over the description by coordinates.

Source: SL 1988, ch 349, § 11; SL 2022, ch 163, § 9.
S.D. Codified Laws § 43-44-8 — SD Code / Title 43 / Chapter 44 / Section 43-44-8
Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected
Status: in_force

Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the emblem registered, but it shall not affect the rights of any prior owner or proprietor of the emblem, who has established rights therein by prior, open, notorious, and exclusive use, and upon which prior use the said registered emblem is an infringement, counterfeit, or imitation, calculated to mislead or deceive.

Source: SDC 1939, § 51.0906.
S.D. Codified Laws § 43-29-9 — SD Code / Title 43 / Chapter 29 / Section 43-29-9
"Record" as used in marketable title provisions construed
Status: in_force

Except where used in the sense of recording, wherever the word "record" is used in §§ 43-29-7 and 43-29-8 , it shall be construed to mean the records in the office of the register of deeds of the county in which the real estate affected is situated.

Source: SL 1943, ch 176, § 2; SL 1945, ch 215, § 2.
S.D. Codified Laws § 43-39-9 — SD Code / Title 43 / Chapter 39 / Section 43-39-9
Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditor relationship
Status: in_force

A deposit for exchange transfers to the depository the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.

Source: CivC 1877, § 1073; CL 1887, § 3697; RCivC 1903, § 1393; RC 1919, § 1016; SDC 1939, § 60.0102 (21).
S.D. Codified Laws § 43-45-2 — SD Code / Title 43 / Chapter 45 / Section 43-45-2
Property absolutely exempt
Status: in_force

The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law:

(1) All family pictures;

(2) A pew or other sitting in any house of worship;

(3) A lot or lots in any burial ground;

(4) The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;

(5) All wearing apparel and clothing of the debtor and his family;

(6) The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;

(7) All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;

(8) Any health aids professionally prescribed to the debtor or to a dependant of the debtor;

(9) Any court ordered domestic support award of alimony, maintenance, or support of the debtor which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month.

Source: CCivP 1877, § 323; CL 1887, § 5127; SL 1890, ch 86, § 1; RCCivP 1903, § 345; RC 1919, § 2658; SDC 1939, § 51.1802; SL 1993, ch 329; SL 2013, ch 224, § 1; SL 2014, ch 211, § 1.
S.D. Codified Laws § 43-13-4 — SD Code / Title 43 / Chapter 13 / Section 43-13-4
Creation of servitude--Vested estate in servient tenement necessary
Status: in_force

A servitude can be created only by one who has a vested estate in the servient tenement.

Source: CivC 1877, § 247; CL 1887, § 2763; RCivC 1903, § 270; RC 1919, § 340; SDC 1939, § 51.0604.
S.D. Codified Laws § 43-2A-6.1 — SD Code / Title 43 / Chapter 2A / Section 43-2A-6.1
Violation--Investigation--Subpoena power
Status: in_force

The Department of Agriculture and Natural Resources shall refer evidence of noncompliance to the attorney general, who shall investigate the evidence for violations of this chapter. The attorney general may bring an action pursuant to title 15 to enforce this chapter.

After the attorney general commences an enforcement action, the attorney general may, in addition to any authority granted under §§ 15-6-28.2 to 15-6-28.4 , inclusive, subpoena from a subject foreign entity, foreign government, foreign person, or prohibited entity:

(1) Real property titles;

(2) Deeds;

(3) Real estate transaction documents;

(4) Financing or financial documents related to the ownership or financing of the agricultural land transaction;

(5) Documents depicting the identity of any party to the agricultural land transaction; and

(6) Any other information necessary to demonstrate a violation of § 43-2A-2 .

Source: SL 2024, ch 176, § 7.
S.D. Codified Laws § 43-30A-1 — SD Code / Title 43 / Chapter 30A / Section 43-30A-1
"Mineral interest" defined
Status: in_force

In this chapter, unless context otherwise requires, the term, "mineral interest," includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, exception, reservation, or otherwise, owned by a person other than the owner of the surface estate.

Source: SL 1985, ch 338, § 1.
S.D. Codified Laws § 43-24-8 — SD Code / Title 43 / Chapter 24 / Section 43-24-8
Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages
Status: in_force

If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in § 43-24-7 , the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206; SL 1990, ch 350, § 4.
S.D. Codified Laws § 43-17-17 — SD Code / Title 43 / Chapter 17 / Section 43-17-17
Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts
Status: in_force

The commissioners appointed pursuant to § 43-17-16 shall make their report in writing, including an accurate plat and survey of such relicted land marking each separate tract "Relicted lot No. ____" numbered consecutively, beginning with the number "1," and file the same with the clerk of courts within ninety days from the date of the order of the court appointing them.

Source: SL 1903, ch 173, § 3; RC 1919, § 506; SDC 1939, § 51.1112.
S.D. Codified Laws § 43-42-5 — SD Code / Title 43 / Chapter 42 / Section 43-42-5
Debtor unaware of assignment--Acquittance by good faith payment to assignor, creditor, subsequent purchaser, or other assignee or transferee
Status: in_force

In any case where, acting without knowledge of an assignment described by § 43-42-4 , the debtor in good faith pays all or part of such account to the assignor, or to such creditor, subsequent purchaser, or other assignee or transferee, such payment shall be acquittance to the debtor to the extent thereof, and such assignor, creditor, subsequent purchaser, or other assignee or transferee shall be a trustee of any sums so paid and shall be accountable and liable to the prior assignee therefor.

Source: SDC 1939, § 51.0803 as added by SL 1945, ch 213.
S.D. Codified Laws § 43-31-4 — SD Code / Title 43 / Chapter 31 / Section 43-31-4
Limited area of homestead--Mineral lands
Status: in_force

If within a town plat the homestead must not exceed one acre in extent, and if not within a town plat, it must not embrace in the aggregate more than one hundred sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States, relating to mineral lands, then the area of the homestead, if within a town plat, shall not exceed one acre, and if without a town plat it must not exceed forty acres, if title thereto has been acquired as a placer claim, but if the title has been acquired under the laws of Congress as a lode mining claim, the area of such homestead shall not exceed five acres.

Source: SL 1874-5, ch 37, § 8; PolC 1877, ch 38, § 8; SL 1885, ch 65, § 2; CL 1887, § 2456; RPolC 1903, § 3224; SL 1909, ch 136; RC 1919, § 459; SDC 1939, § 51.1710.
S.D. Codified Laws § 43-2-14 — SD Code / Title 43 / Chapter 2 / Section 43-2-14
Conveyance to two or more grantees creating joint tenancy
Status: in_force

Any deed, transfer, or assignment of real or personal property to two or more grantees, including any deed in which a grantor is also a grantee, which, by the method of describing such grantees or by the language of the granting habendum clause therein evinces an intent to create a joint tenancy in grantees shall be held and construed to create such joint tenancy.

Source: SDC 1939, § 51.0212 as added by SL 1951, ch 255.
S.D. Codified Laws § 43-41-2 — SD Code / Title 43 / Chapter 41 / Section 43-41-2
Duty of person finding lost personal property other than domestic animal--Advertisement and appraisement
Status: in_force

Whenever any person finds any lost personal property, other than a domestic animal, under circumstances which give him knowledge or means of inquiry as to the true owner, he shall forthwith make all reasonable efforts to ascertain and notify such owner; and when such efforts do not result in the discovery of the true owner or when the circumstances do not give him such knowledge or means of inquiry, he shall cause such lost personal property to be advertised, appraised, and otherwise dealt with as provided in chapter 40-29 in the case of an estray.

Source: PolC 1877, ch 34, §§ 17, 21; CL 1887, §§ 2306, 2310; RPolC 1903, §§ 2972, 2976; RC 1919, § 8180; SDC 1939, § 40.1401.
S.D. Codified Laws § 43-28-21 — SD Code / Title 43 / Chapter 28 / Section 43-28-21
Mailing address of grantee required for recording real estate conveyance
Status: in_force

Every grantee who has a real estate conveyance recorded shall, at the time such conveyance is presented for recording, provide the register of deeds with his current legal mailing address.

Source: SL 1982, ch 298, § 1.
S.D. Codified Laws § 43-23-5 — SD Code / Title 43 / Chapter 23 / Section 43-23-5
Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand
Status: in_force

If any owner of any land who is liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 neglects or refuses to so erect and maintain one - half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon the delinquent owner a notice in writing demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one - half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.

Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104; SL 1988, ch 350, § 3; SL 1990, ch 350, § 1.
S.D. Codified Laws § 43-43A-1 — SD Code / Title 43 / Chapter 43A / Section 43-43A-1
Owner defined
Status: in_force

The term "owner," as used in this chapter, shall mean any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master wire, master film, or other device used for reproducing recorded sounds on phonograph records, discs, tapes, wires, films, or other articles on which sound is recorded.

Source: SL 1975, ch 172, § 1.
S.D. Codified Laws § 43-18-5 — SD Code / Title 43 / Chapter 18 / Section 43-18-5
Restoration, relocation, or referencing of survey corner
Status: in_force

Any registered land surveyor may restore, relocate, or reference a survey corner if same is recorded as provided by statute.

Source: SL 1893, ch 157, § 12; RPolC 1903, § 134; RC 1919, § 8203; SDC 1939, § 18.0202; SL 1970, ch 214, § 41.
S.D. Codified Laws § 43-41C-3 — SD Code / Title 43 / Chapter 41C / Section 43-41C-3
Notice requirements for abandoned property held by a museum or historical society
Status: in_force

The published notice required by § 43-41C-2 shall contain:

(1) The name and last known address, if any, of the last known owner of property;

(2) A description of the property; and

(3) A statement that if proof of claim is not presented by the owner to the museum or society and if the owner's right to receive the property is not established to the museum's or society's satisfaction within sixty - five days from the date of the second published notice, the property shall be deemed abandoned and shall become the property of the museum or society.

Source: SL 1993, ch 328, § 3.
S.D. Codified Laws § 43-44-6 — SD Code / Title 43 / Chapter 44 / Section 43-44-6
Fee for registration, alteration, or cancellation of certificate--Assignment and other fees
Status: in_force

The fee of the secretary of state for filing the application and issuing certificate of registration, alteration, or cancellation shall be seventy-five dollars.

The fee for filing any assignment or other transfer of registration shall be ten dollars.

The fee for searches, certified copies, and other official acts of the secretary of state, required under the provisions of this chapter, shall be the same as provided by law for similar services except as otherwise specifically provided in this chapter.

Source: SDC 1939, § 51.0905; SL 2003, ch 8, § 11; SL 2009, ch 4, § 11.
S.D. Codified Laws § 43-41B-15 — SD Code / Title 43 / Chapter 41B / Section 43-41B-15
Gift certificates and credit memos
Status: in_force

(a) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned.

(b) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.

Source: SL 1992, ch 312, § 14; SL 2012, ch 209, § 8.
S.D. Codified Laws § 43-43-4 — SD Code / Title 43 / Chapter 43 / Section 43-43-4
Publication by owner of product of mind--Reproduction rights
Status: in_force

If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person without responsibility to the owner so far as the law of this state is concerned.

Source: CivC 1877, § 573; CL 1887, § 3196; RCivC 1903, § 889; RC 1919, § 487; SDC 1939, § 51.0807.
S.D. Codified Laws § 43-15A-5 — SD Code / Title 43 / Chapter 15A / Section 43-15A-5
Common areas defined
Status: in_force

"Common areas," as used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, includes:

(1) The land whether fee simple or leased, on which the building or buildings stand;

(2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits and communication ways;

(3) The basements, flat roofs, yards, gardens, recreation facilities, and parking areas, unless otherwise provided or stipulated;

(4) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

(5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps, and the like;

(6) The elevators, garbage incinerators, and in general all devices or installations existing for common use; and

(7) All other elements of the property rationally of common use or necessary to its existence, upkeep, and safety.

Source: SL 1975, ch 270, § 1 (6).
S.D. Codified Laws § 43-11-39 — SD Code / Title 43 / Chapter 11 / Section 43-11-39
Capacity to execute a power
Status: in_force

A power cannot be executed by any person not capable of disposing of real property.

Source: CivC 1877, § 314; CL 1887, § 2830; RCivC 1903, § 337; RC 1919, § 406; SDC 1939, § 59.0419.
S.D. Codified Laws § 43-25-26 — SD Code / Title 43 / Chapter 25 / Section 43-25-26
Recording of grant of estate in real property--Acknowledgment or proof by subscribing witness required
Status: in_force

The execution of a grant of an estate in real property, other than an estate at will or for a term not exceeding one year, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved by a subscribing witness, or as otherwise provided in §§ 43-28-8 and 43-28-10 .

Source: CivC 1877, § 623; CL 1887, § 3246; RCivC 1903, § 939; RC 1919, § 541; SDC 1939, § 51.1402.
S.D. Codified Laws § 43-30-8.2 — SD Code / Title 43 / Chapter 30 / Section 43-30-8.2
Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration
Status: in_force

Notwithstanding the provisions of § 43-30-12 , an affidavit filed pursuant to § 43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate register of deeds. Such recording shall be valid for ten years and may be rerecorded. This section shall only apply to a condition subsequent in a deed whereby the use or sale of alcoholic beverages, in any manner, would work a forfeiture and automatic reverter of the title of real property containing that condition subsequent to the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns; or would give rise to the right of reentry by the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns, for breach of that condition subsequent.

Source: SL 1976, ch 266, §§ 1, 3.
S.D. Codified Laws § 43-43B-1 — SD Code / Title 43 / Chapter 43B / Section 43-43B-1
Unlawful uses of computer system
Status: in_force

A person is guilty of unlawful use of a computer system, software, or data if the person:

(1) Knowingly obtains the use of, accesses or exceeds authorized access to, a computer system, or any part thereof, without the consent of the owner;

(2) Knowingly obtains the use of, accesses, or exceeds authorized access to, a computer system, or any part thereof, without the consent of the owner, and the access or use includes access to confidential data or material;

(3) Knowingly copies or obtains information from a computer system, or compromises any security controls for the computer system, or uses or discloses to another, or attempts to use or disclose to another, the numbers, codes, passwords, or other means of access to a computer system without the consent of the owner;

(4) Knowingly disrupts, denies, or inhibits access to software or data without the consent of the owner;

(5) Knowingly disrupts, denies, or inhibits access to a computer system, without consent of the owner;

(6) Knowingly modifies, changes, or alters software or data, without the consent of the owner;

(7) Knowingly obtains use of, alters, accesses, or exceeds authorized access to, destroys, disables, or inhibits access to a computer system, as part of a deception for the purpose of obtaining money, property, or services from the owner of a computer system, or any third party;

(8) Knowingly destroys or disables a computer system, without consent of the owner; or

(9) Knowingly destroys or disables software or computer data, without consent of the owner.

Source: SL 1982, ch 300, § 3; SL 1984, ch 282, § 1; SL 2002, ch 109, § 27.
S.D. Codified Laws § 43-2-2 — SD Code / Title 43 / Chapter 2 / Section 43-2-2
Property and rights subject to ownership
Status: in_force

There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, computer programs, trade marks, service marks, marks and signs, and of rights created or granted by statute.

Source: CivC 1877, § 160; CL 1887, § 2676; RCivC 1903, § 183; RC 1919, § 253; SDC 1939, § 51.0201; SL 1980, ch 264, § 21; SL 1982, ch 300, § 1.
S.D. Codified Laws § 43-16-4 — SD Code / Title 43 / Chapter 16 / Section 43-16-4
Ownership of tree on land determined by the location of its trunk
Status: in_force

Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another.

Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

Source: CivC 1877, §§ 269, 270; CL 1887, §§ 2785, 2786; RCivC 1903, §§ 292, 293; RC 1919, §§ 362, 363; SDC 1939, § 51.0705.
S.D. Codified Laws § 43-32-36 — SD Code / Title 43 / Chapter 32 / Section 43-32-36
Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages
Status: in_force

If a person is found to have knowingly made a false claim of having a disability that requires the use of a service animal or assistance animal or of knowingly providing fraudulent supporting documentation in connection with such a claim, a lessor may evict a lessee and the lessor is entitled to a damage fee, not to exceed one thousand dollars, from a lessee if the lessee provides fraudulent disability documentation indicating a disability requiring the use of a service animal or assistance animal.

Source: SL 2018, ch 259, § 4.
S.D. Codified Laws § 43-30-6 — SD Code / Title 43 / Chapter 30 / Section 43-30-6
Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices
Status: in_force

The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices of lis pendens.

Source: SL 1947, ch 233, § 6; SL 1951, ch 256, § 6; SDC Supp 1960, § 51.16B06.
S.D. Codified Laws § 43-25-14 — SD Code / Title 43 / Chapter 25 / Section 43-25-14
Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise
Status: in_force

The heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.

Source: CivC 1877, § 633; CL 1887, § 3254; RCivC 1903, § 947; RC 1919, § 555; SDC 1939, § 51.1414 (1).
S.D. Codified Laws § 43-17-9 — SD Code / Title 43 / Chapter 17 / Section 43-17-9
Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line
Status: in_force

In the event additional lands shall thereafter become attached to such accretion land and subdivision of same, the outer boundary of the first surveyed accretion land shall be substituted and treated as though it were the original government meander line, and the new and additional accreted land shall be apportioned as in the original subdivision of the first accretion. Provided, however, that in the determination of the boundary line to be used, the circuit court shall determine as to whether or not the outer boundary line shall be substituted for the original government meander line, and said court shall determine the method of apportionment of such additional accreted land.

Source: SL 1941, ch 214, § 1; SDC Supp 1960, § 51.1104-1.
S.D. Codified Laws § 43-30A-7 — SD Code / Title 43 / Chapter 30A / Section 43-30A-7
Waiver of provisions
Status: in_force

The provisions of this chapter may not be waived until the expiration of the twenty - three - year period provided in § 43-30A-2 .

Source: SL 1985, ch 338, § 7.
S.D. Codified Laws § 43-9-7 — SD Code / Title 43 / Chapter 9 / Section 43-9-7
Remainder upon successive estates for life
Status: in_force

No remainder can be created upon successive estates for life, provided for in § 43-9-6 , unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term.

Source: CivC 1877, § 232; CL 1887, § 2748; RCivC 1903, § 255; RC 1919, § 325; SDC 1939, § 51.0416.
S.D. Codified Laws § 43-30-1 — SD Code / Title 43 / Chapter 30 / Section 43-30-1
Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions
Status: in_force

Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty - two years or longer, and is in possession of such land, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the provisions of this chapter, instruments which have been recorded less than twenty - two years, and any encumbrances of record not barred by the statute of limitations.

Source: SL 1947, ch 233, § 1; SL 1951, ch 256, § 1; SL 1957, ch 266, § 1; SDC Supp 1960, § 51.16B01.
S.D. Codified Laws § 43-20-4 — SD Code / Title 43 / Chapter 20 / Section 43-20-4
Corner records which may be filed
Status: in_force

A surveyor may file such corner record as to any property corner, property controlling corner, reference monument, or accessory to a corner.

Source: SL 1967, ch 58, § 5.