S.D. Codified Laws § 43-17-16 — SD Code / Title 43 / Chapter 17 / Section 43-17-16
Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands
Status: in_force

The circuit court may upon the trial of any action under § 43-17-15 ascertain and determine by its judgment the owners of the relicted land and cause the same to be surveyed and shall appoint three competent disinterested persons, one of whom shall be a competent surveyor, to divide and survey such relicted lands so as to show the boundaries and area of the amount of such relicted lands to which each owner is entitled in accordance with the directions and judgment of said court.

Source: SL 1903, ch 173, § 3; RC 1919, § 506; SDC 1939, § 51.1112.
S.D. Codified Laws § 43-30A-5 — SD Code / Title 43 / Chapter 30A / Section 43-30A-5
Circumstances in which failure to record statement does not cause abandonment
Status: in_force

Failure to record the statement of claim within the time period provided in § 43-30A-4 does not cause a mineral interest to be abandoned if the record owner of the mineral interest records a statement of claim pursuant to § 43-30A-4 within sixty days after completion of the publication of the notice of lapse pursuant to § 43-30A-6 .

Source: SL 1985, ch 338, § 5; SL 2013, ch 222, § 3; SL 2016, ch 215, § 4.
S.D. Codified Laws § 43-32-6.1 — SD Code / Title 43 / Chapter 32 / Section 43-32-6.1
Maximum security deposit for residential premises--Larger deposit by mutual agreement
Status: in_force

Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.

Source: SL 1976, ch 267, § 2.
S.D. Codified Laws § 43-25-16 — SD Code / Title 43 / Chapter 25 / Section 43-25-16
Condition precedent in grant of real property--Performance necessary to pass estate
Status: in_force

An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.

Source: CivC 1877, § 633, subdiv 3; CL 1887, § 3254, subdiv 3; RCivC 1903, § 947, subdiv 3; RC 1919, § 555 (3); SDC 1939, § 51.1414 (3).
S.D. Codified Laws § 43-30B-3 — SD Code / Title 43 / Chapter 30B / Section 43-30B-3
Declaration of trust in favor of unlocated or unidentified mineral owner--Appointment of trustee
Status: in_force

If the court determines the petitioner meets the burdens provided for in § 43-30B-2 , the court shall declare a trust in favor of the unlocated or unidentified mineral owner, shall appoint the county treasurer or another person or entity as trustee of the trust, and shall authorize the trustee to execute and deliver a mineral lease, a ratification, a division order, or any other related document or instrument on such terms and conditions as the court may approve. The county treasurer may decline to act as the trustee and in such event the court shall appoint an alternate trustee. The court may issue other appropriate orders upon request of the petitioner or trustee.

Source: SL 2013, ch 223, § 3; SL 2017, ch 189, § 3.
S.D. Codified Laws § 43-17-40 — SD Code / Title 43 / Chapter 17 / Section 43-17-40
Responsibility for construction and maintenance of gate or opening
Status: in_force

The responsibility for construction and maintenance of any gate or opening required pursuant to §§ 43-17-35 and 43-17-36 in a fence across a stream that is navigable pursuant to § 43-17-34 shall be shared equally among those persons who caused the fence to be constructed. Any liability arising from the construction of a fence across a stream that is navigable pursuant to § 43-17-34 shall be borne by those persons who caused the fence to be constructed.

Source: SL 1992, ch 311, § 3.
S.D. Codified Laws § 43-32-20 — SD Code / Title 43 / Chapter 32 / Section 43-32-20
Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan
Status: in_force

Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease or for recovery of the possession, he has against the assignees of the lessee for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan and is not accompanied by possession of the premises.

Source: CivC 1877, § 260; CL 1887, § 2776; RCivC 1903, § 283; RC 1919, § 353; SDC 1939, § 38.0408.
S.D. Codified Laws § 43-15A-23 — SD Code / Title 43 / Chapter 15A / Section 43-15A-23
Deposits held in escrow until delivery of deed
Status: in_force

Any deposit made with a reservation to purchase or a contract to purchase shall be held in escrow in a separate fund for such deposits designated as such until the deed for which a deposit was made is delivered to the depositor.

Source: SL 1975, ch 270, § 12.
S.D. Codified Laws § 43-30-7 — SD Code / Title 43 / Chapter 30 / Section 43-30-7
Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property
Status: in_force

For the purpose of this chapter, the fact of possession of real property referred to in § 43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is upon the date thereof in possession of the real property. The register of deeds shall record such affidavit or affidavits at length in miscellaneous records of his county. No such affidavits of possession may be filed as to any lands before the expiration of twenty - three years from recording of deed of conveyance or other instrument of conveyance under which title is claimed, or before one year after July 1, 1957, whichever event is the latest in point of time, to any land as to which claim under the provisions of § 43-30-5 has been filed. The legal description of the real property contained in affidavits of possession for railroad property and linear railroad rights - of - way acquired by the South Dakota Railroad Authority, the state, or any of its subdivisions may be made by reference to and incorporation of filing information of previous conveyances and other documents of title filed of record in the county where the real property is located.

Source: SL 1947, ch 233, § 7; SL 1951, ch 256, § 7; SL 1957, ch 266, § 4; SDC Supp 1960, § 51.16B07; SL 1981, ch 309, § 2.
S.D. Codified Laws § 43-3-18 — SD Code / Title 43 / Chapter 3 / Section 43-3-18
Future interest unaffected by act of owner of intermediate or precedent interest
Status: in_force

No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by § 43-3-19 , or where a forfeiture is imposed by statute as a penalty for the violation thereof.

Source: CivC 1877, § 213; CL 1887, § 2729; RCivC 1903, § 236; RC 1919, § 306; SDC 1939, § 51.0230.
S.D. Codified Laws § 43-31-29 — SD Code / Title 43 / Chapter 31 / Section 43-31-29
Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions
Status: in_force

The homestead shall be liable for taxes accruing thereon, and if certified and recorded as hereinbefore directed, shall be liable only for such taxes, and may be sold to pay the same except as provided in §§ 10-23-7 , 43-31-1 , or 43-45-3 .

Source: SL 1874-5, ch 37, § 4; PolC 1877, ch 38, § 4; CL 1887, § 2452; RPolC 1903, § 3220; RC 1919, § 454; SDC 1939, § 51.1706; SL 1980, ch 296, § 4.
S.D. Codified Laws § 43-28-20 — SD Code / Title 43 / Chapter 28 / Section 43-28-20
Record of death of person deceased twelve years or more as evidence of death and date of death--Requirements and effect of recording
Status: in_force

In all cases in which any person has been deceased for twelve years or more, a copy of the record of the death of such decedent, duly certified by any officer who is required by the laws of the state or country in which such record is made to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which any real estate affected is situated. The record of such certified copy shall be prima facie evidence of the death of such person; and the date of such death. In order to identify the property affected by the death of such person, the person causing said certificate to be recorded shall attach thereto an affidavit setting out the legal description of the property involved. This section shall not be treated or construed as exclusive of any other remedy authorized by law or rule of court but shall be cumulative to such other remedy.

Source: SL 1969, ch 277, §§ 1, 2.
S.D. Codified Laws § 43-39-15 — SD Code / Title 43 / Chapter 39 / Section 43-39-15
Sale of thing in danger of perishing
Status: in_force

If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor.

Source: CivC 1877, § 1049; CL 1887, § 3673; RCivC 1903, § 1368; RC 1919, § 985; SDC 1939, § 60.0102 (11).
S.D. Codified Laws § 43-4-15 — SD Code / Title 43 / Chapter 4 / Section 43-4-15
Irreconcilable parts of grant--Prevailing part
Status: in_force

If several parts of a grant are absolutely irreconcilable, the former part prevails.

Source: CivC 1877, § 616; CL 1887, § 3239; RCivC 1903, § 932; RC 1919, § 534; SDC 1939, § 51.1309.
S.D. Codified Laws § 43-2-9 — SD Code / Title 43 / Chapter 2 / Section 43-2-9
Right of individual to take, hold, and dispose of property
Status: in_force

Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in § 43-2A-2 .

Source: CivC 1877, § 170; CL 1887, § 2686; SL 1890, ch 123; RCivC 1903, § 193; RC 1919, § 263; SDC 1939, § 51.0205; SL 1979, ch 291, § 8.
S.D. Codified Laws § 43-24-4 — SD Code / Title 43 / Chapter 24 / Section 43-24-4
Duty of owner of adjoining land to build half of local option partition fence
Status: in_force

Unless otherwise agreed upon each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built.

Source: SL 1917, ch 237, § 2; RC 1919, § 10536; SDC 1939, § 19.0205.
S.D. Codified Laws § 43-32-32 — SD Code / Title 43 / Chapter 32 / Section 43-32-32
Reasonable notice of landlord's intent to enter--Contents
Status: in_force

Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease. The notice shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. The notice shall also specify a means for which the tenant may request to reschedule the entry.

Source: SL 2014, ch 191, § 4.
S.D. Codified Laws § 43-15A-19 — SD Code / Title 43 / Chapter 15A / Section 43-15A-19
Copy of reports issued to prospective purchaser before binding contract for sale--Time to read copy--Receipt
Status: in_force

No developer may enter into a binding contract or agreement for the sale of any unit in a condominium project until a true copy of the Real Estate Commission's final or substitute public report thereon with all supplementary public reports, if any, has been issued and given to the prospective purchaser who has been given no less than ten days to read same, and, his receipt taken therefor.

Source: SL 1975, ch 270, § 14; SL 1986, ch 302, § 88.