S.D. Codified Laws § 21-23-9 — SD Code / Title 21 / Chapter 23 / Section 21-23-9
Time and notice of sale--Order in which items offered--Upset price
Status: in_force

If a sale be ordered the court shall fix the time of sale, prescribe the notice thereof to be given, and in appropriate cases may direct the order in which the several items of property shall be offered for sale, and may fix an upset price upon any or all of the property.

Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.
S.D. Codified Laws § 21-36-5 — SD Code / Title 21 / Chapter 36 / Section 21-36-5
Direction by Governor for institution of proceedings
Status: in_force

If the Governor of this state has reason to believe that any real or personal property has escheated through defect of other heirs, the Governor may direct the attorney general or any state's attorney of any county in which the whole or any part thereof is situated to institute proceedings necessary and proper to protect and enforce the rights of the state with respect thereto.

Source: SL 1909, ch 104, § 2; RC 1919, § 3050; SL 1921, ch 228, § 1; SDC 1939 & Supp 1960, § 37.4202; SL 2023, ch 3, § 29.
S.D. Codified Laws § 21-66-10 — SD Code / Title 21 / Chapter 66 / Section 21-66-10
Admissibility of unresolved asbestos trust claim
Status: in_force

If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered relevant and admissible evidence.

Source: SL 2017, ch 94, § 10.
S.D. Codified Laws § 21-45-39 — SD Code / Title 21 / Chapter 45 / Section 21-45-39
Distribution by referees of proceeds of sale--Payment into court
Status: in_force

The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, wherever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court, or deposited therein, or as directed by the court.

Source: CCivP 1877, § 569; CL 1887, § 5383; RCCivP 1903, § 608; RC 1919, § 2819; SDC 1939 & Supp 1960, § 37.1420.
S.D. Codified Laws § 21-19-15 — SD Code / Title 21 / Chapter 19 / Section 21-19-15
Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption
Status: in_force

Failure to claim absolute exemptions shall not constitute a waiver, and no rights whatsoever shall be acquired through or by any levy on property absolutely exempt. But proceedings may be had as provided by this chapter to reach under levy any part of the debtor's homestead which is in excess of the homestead exemption as provided by law.

Source: SDC 1939 & Supp 1960, § 37.4904.
S.D. Codified Laws § 21-52-30 — SD Code / Title 21 / Chapter 52 / Section 21-52-30
Recording and service of notice by cotenant making redemption--Constructive notice
Status: in_force

The cotenant serving the notice required in § 21-52-29 shall forthwith record the same, with proof of service thereof, in the office of the register of deeds in the county where the judicial sale or foreclosure was made. Such notice shall be served in like manner as a summons in a civil action is served. From the date of recording such notice, all persons shall be presumed to have notice of the fact of such redemption by one or more joint owners.

Source: SL 1949, ch 142, § 14; SDC Supp 1960, § 37.5614 (2).
S.D. Codified Laws § 21-31-9 — SD Code / Title 21 / Chapter 31 / Section 21-31-9
Judgment roll
Status: in_force

A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.

Source: CCivP 1877, § 694; CL 1887, § 5516; RCCivP 1903, § 763; RC 1919, § 3005; SDC 1939 & Supp 1960, § 37.0410.
S.D. Codified Laws § 21-18-11 — SD Code / Title 21 / Chapter 18 / Section 21-18-11
Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee
Status: in_force

Such garnishee summons, affidavit, and garnishment disclosure may be served by certified mail, return receipt requested, or personally by the sheriff of the county where any garnishee or defendant may be found, or by any other person not a party to the action. The person subscribing such garnishee summons may, at his option, by an endorsement thereon fix a time for the service thereof, and the service shall then be made accordingly. The service shall be made and the same returned, with proof of the service, to the person whose name is subscribed thereto, with reasonable diligence. If, after reasonable diligence, service by certified mail or personal service by the sheriff is unsuccessful within the time period provided for in § 21-18-10 , the plaintiff may file an affidavit stating that fact and may serve such garnishee summons, affidavit, and garnishment disclosure on the defendant by mailing a copy of the documents, together with a copy to the garnishee, to the defendant's last known address by registered mail. The garnishee may proceed by complying with either § 21-18-32 or 21-18-33 and, by such compliance, is exonerated from any further liability to any party to the garnishment.

Source: SDC 1939, § 37.2804; SL 1959, ch 238; SL 1988, ch 182, § 4; SL 2009, ch 109, § 1; SL 2016, ch 116, § 7.
S.D. Codified Laws § 21-45-29 — SD Code / Title 21 / Chapter 45 / Section 21-45-29
Estate for life or years set off in part of property not sold
Status: in_force

When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property, not ordered to be sold.

Source: CCivP 1877, § 566; CL 1887, § 5380; RCCivP 1903, § 605; RC 1919, § 2816; SDC 1939 & Supp 1960, § 37.1429.
S.D. Codified Laws § 21-18-28 — SD Code / Title 21 / Chapter 18 / Section 21-18-28
Disclosure of liability when state is garnishee
Status: in_force

In all cases in which the State of South Dakota is made garnishee defendant, it is not necessary for the state to file a formal disclosure, but it is a sufficient disclosure for the state auditor to notify the plaintiff or the plaintiff's attorney stating what amount, if any, is due to the principal defendant at the time of the service of summons in garnishment upon the state auditor. It is the duty of the state auditor to notify the plaintiff or the plaintiff's attorney within the time for making a return in garnishment and the state auditor shall mail a copy of the notice to the clerk of courts of the county in which the action was pending. No taking of issue is permitted on any return or disclosure made by the state auditor.

Source: SL 1927, ch 135, § 2; SDC 1939 & Supp 1960, § 37.2813; SL 2016, ch 116, § 11.
S.D. Codified Laws § 21-36-3 — SD Code / Title 21 / Chapter 36 / Section 21-36-3
Investigation and bringing of action by attorney general
Status: in_force

Upon the receipt of a report pursuant to § 21-36-2 , it shall be the duty of the attorney general to conduct an investigation, and if it appears that there is any property of the estate of the decedent that may escheat to the state, and that any persons who may be asserting their claims to such estate as heirs, devisees, legatees, or otherwise are not lawfully entitled thereto, then it shall be his duty to cause an action to be brought in the name of the state for the recovery of such property or its reduction into the possession of the state.

Source: SL 1909, ch 104, § 2; RC 1919, § 3050; SL 1921, ch 228, § 1; SDC 1939 & Supp 1960, § 37.4202.
S.D. Codified Laws § 21-25A-19 — SD Code / Title 21 / Chapter 25A / Section 21-25A-19
Time for making award--Extension of time
Status: in_force

An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

Source: SL 1971, ch 157, § 8.
S.D. Codified Laws § 21-27-18 — SD Code / Title 21 / Chapter 27 / Section 21-27-18
Admission to bail of applicant in custody under judicial process
Status: in_force

Sections 21-27-19 to 21-27-24 , inclusive, shall control the admission to bail where the application for the writ of habeas corpus is by or in behalf of a person in custody under judicial process.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509.
S.D. Codified Laws § 21-31-2 — SD Code / Title 21 / Chapter 31 / Section 21-31-2
Application for writ on affidavit--Notice to adverse party--Order to show cause
Status: in_force

The application for a writ of certiorari must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.

Source: CCivP 1877, § 686; CL 1887, § 5508; RCCivP 1903, § 755; RC 1919, § 2997; Supreme Court Rule 556, 1939; SDC 1939 & Supp 1960, § 37.0402.
S.D. Codified Laws § 21-22-28 — SD Code / Title 21 / Chapter 22 / Section 21-22-28
Protection of privacy--Sealing and availability of documents
Status: in_force

The privacy of those who have established a court trust or other trust shall be protected in any court proceeding concerning the trust. Upon the filing of any petition, the instrument on which the trust is based, briefs, and the entire court file including a trust's inventory, statement filed by any fiduciary, annual verified report of a fiduciary, final report of a fiduciary, and all petitions relevant to trust administration and all court orders thereon shall be sealed upon filing and may not be made a part of the public record of the proceeding, but are available to the court, to the trustor, to any fiduciary, to any enforcer, to any beneficiary or the beneficiary's representative as provided in chapter 55-18 , to their attorneys, and to such other interested persons as the court may order upon a showing of the need.

Source: SL 1998, ch 282, § 30; SL 2002, ch 100, § 1; SL 2014, ch 226, § 16; SL 2016, ch 231, § 28; SL 2017, ch 204, § 24; SL 2021, ch 207, § 5.
S.D. Codified Laws § 21-23-12 — SD Code / Title 21 / Chapter 23 / Section 21-23-12
Report of sale to court for confirmation--Contents of report
Status: in_force

All sales shall be reported to the court for confirmation. Such reports shall be in writing, shall specify when the property was sold, the name of the purchaser, the terms of sale, if the sale was other than for cash, the amount bid for each item of property, the expense of sale; and such report shall state that the provision of this chapter relative to the sale of such property, and the requirements of the court order, have been complied with.

Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.
S.D. Codified Laws § 21-10-28 — SD Code / Title 21 / Chapter 10 / Section 21-10-28
Use or operation of sport shooting range
Status: in_force

The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. The use or operation of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any local regulation or ordinance pertaining to the normal operation and use of sport shooting ranges. However, if the usage or design of the range results in a significant threat to human life or private habitations, a nuisance is constituted and an injunction may prescribe appropriate relief.

Source: SL 1999, ch 113, § 1; SL 2013, ch 104, § 1, eff. Mar. 21, 2013.
S.D. Codified Laws § 21-58-2 — SD Code / Title 21 / Chapter 58 / Section 21-58-2
Firearms manufacturers, distributors, and sellers not liable for injury caused by firearms
Status: in_force

No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of such firearm by another.

Source: SL 1999, ch 116, § 2.
S.D. Codified Laws § 21-37-4 — SD Code / Title 21 / Chapter 37 / Section 21-37-4
Notice of hearing on change of name of person
Status: in_force

The petitioner shall give notice of the hearing on change of name of a person, stating the time and place and object thereof with the old and proposed names of the petitioner, by publishing the notice once each week for four successive weeks in any legal newspaper of the county of petitioner's residence. In any action where the change of name sought involves a minor child, the petitioner shall also give notice in the same manner as is required for service of a summons pursuant to § 15-6-4 to any parent that is not a party to the petition and whose parental rights have not been terminated.

Source: CCivP 1877, § 735; CL 1887, § 5557; RCCivP 1903, § 804; RC 1919, § 3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, § 37.1002 (2); SL 2015, ch 123, § 1.
S.D. Codified Laws § 21-10-10 — SD Code / Title 21 / Chapter 10 / Section 21-10-10
House of ill fame declared nuisance--Injunction and abatement
Status: in_force

Whoever shall own, lease, establish, maintain, or operate any place for purposes of lewdness, assignation, or prostitution, is guilty of a nuisance and the place, including ground, and all contents are declared a nuisance and shall be enjoined and abated as provided in §§ 21-10-11 to 21-10-20 , inclusive.

Source: SL 1913, ch 123, § 1; RC 1919, § 2078; SDC 1939 & Supp 1960, § 37.4801.
S.D. Codified Laws § 21-41-25 — SD Code / Title 21 / Chapter 41 / Section 21-41-25
Relief from default judgment--Rights of good faith purchaser preserved
Status: in_force

The court may, in its discretion and upon such terms as may be just, at any time within two years after the entry of judgment, relieve a defendant in such action from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow such party to defend the action, but the defense, if successful, shall be without prejudice to the rights of a purchaser or encumbrancer in good faith of the premises from the plaintiff after the entry of such judgment, and before the making of the order permitting such defendant to defend.

Source: SL 1903, ch 194, § 9; SL 1905, ch 81; RC 1919, § 2855; SDC 1939, § 37.1514; SL 1943, ch 138.
S.D. Codified Laws § 21-5-2 — SD Code / Title 21 / Chapter 5 / Section 21-5-2
Causes of action surviving death of defendant
Status: in_force

Actions for wrongful death or personal injury shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death or injury of the injured person.

Source: SDC 1939, § 37.2201 as added by SL 1947, ch 172.
S.D. Codified Laws § 21-10-25 — SD Code / Title 21 / Chapter 10 / Section 21-10-25
Agricultural operation defined
Status: in_force

As used in this chapter, the term, agricultural operation, includes any facility or appurtenance used in the production or commercial processing of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products, or in any agrotourism activity as defined in § 20-9-12 .

Source: SL 1991, ch 183, § 3; SDCL § 21-10-25.3; SL 2023, ch 65, §§ 3, 8.
S.D. Codified Laws § 21-19-29 — SD Code / Title 21 / Chapter 19 / Section 21-19-29
Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor
Status: in_force

If the levy is upon execution, the order shall direct a sale in accordance with this section. If the levy is not upon execution, the order shall provide that if and when execution issues, that such sale shall be made. Such sale shall be of the entire homestead, provided the price offered at such sale exceeds the sum of the homestead exemption set by subdivision 43-45-3(2) plus the costs of sale for the equity of the debtor, and from the purchase price, the officer must pay the amount of such homestead exemption to the debtor, the balance of the sale price to be distributed as provided by law as to execution sales of nonexempt real estate. The order must further provide unless waived by the debtor that sale of the homestead be not had for sixty days, and that at any time prior to the sale the debtor may, at his option, pay to the officer the surplus of the determined valuation of said homestead over and above such homestead exemption plus all encumbrances.

Source: SL 1890, ch 86, § 1; RCCivP 1903, § 345; RC 1919, § 2658; SDC 1939, § 37.4909; SL 1957, ch 186, § 3; SL 1977, ch 185, § 3; SL 1978, ch 156, § 3.
S.D. Codified Laws § 21-66-6 — SD Code / Title 21 / Chapter 66 / Section 21-66-6
Grounds for stay of action
Status: in_force

A court shall stay an asbestos action if the court finds that the plaintiff has failed to make any disclosure required under this chapter within one hundred twenty days before the trial date. If, in any disclosure required under this chapter, a plaintiff identifies a potential asbestos trust claim, the judge may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.

Source: SL 2017, ch 94, § 6.
S.D. Codified Laws § 21-22-31 — SD Code / Title 21 / Chapter 22 / Section 21-22-31
Rules of civil procedure applicable
Status: in_force

A proceeding brought pursuant to this chapter is considered an action for purposes of title 15. Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, apply to all trusts governed by this chapter. If a conflict between chapter 15-6 and title 55, the provisions of title 55 shall be controlling.

Source: SL 2015, ch 240, § 27; SL 2017, ch 204, § 26.
S.D. Codified Laws § 21-18-50 — SD Code / Title 21 / Chapter 18 / Section 21-18-50
Storage and maintenance expenses allowed to garnishee--Possessory lien
Status: in_force

In all cases the garnishee shall be allowed the reasonable cost of the warehousing, storing, care, or keep of the property garnished in the hands of the garnishee. And the garnishee shall have a possessory lien on the property garnished until the same is paid.

Source: SDC 1939, § 37.2826 as added by SL 1947, ch 174.
S.D. Codified Laws § 21-45-21 — SD Code / Title 21 / Chapter 45 / Section 21-45-21
Expenses and fees apportioned among parties
Status: in_force

The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to the action, equitably.

Source: CCivP 1877, § 564; CL 1887, § 5378; RCCivP 1903, § 603; RC 1919, § 2814; SDC 1939 & Supp 1960, § 37.1415.
S.D. Codified Laws § 21-18-44 — SD Code / Title 21 / Chapter 18 / Section 21-18-44
Garnishment proceedings deemed civil action--Procedural rules applicable
Status: in_force

The proceedings against a garnishee shall be deemed an action by the plaintiff against the garnishee and defendant as parties defendant, and all provisions of law relating to proceedings in civil actions at issue, including examination of the parties, amendments, and relief from default or proceedings taken and appeals and all provisions for enforcing judgments, shall be applicable thereto.

Source: SL 1909, ch 156, § 15; RC 1919, § 2468; Supreme Court Rule 590, 1939; SDC 1939 & Supp 1960, § 37.2823.
S.D. Codified Laws § 21-45-15 — SD Code / Title 21 / Chapter 45 / Section 21-45-15
Order directing partition of property--Referees appointed
Status: in_force

Except as provided by § 21-45-28 , upon requisite proof being made, the court must order partition of the property in kind according to the respective rights of the parties, as ascertained by the court, and must designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained. For partition in kind the court must appoint three referees unless the parties file written consent for one, in which case one only shall be appointed and may perform all of the duties required of three.

Source: CCivP 1877, §§ 559, 593; CL 1887, §§ 5373, 5407; RCCivP 1903, §§ 598, 632; RC 1919, §§ 2809, 2843; SDC 1939 & Supp 1960, § 37.1412.
S.D. Codified Laws § 21-32-13 — SD Code / Title 21 / Chapter 32 / Section 21-32-13
Trial of action in Supreme Court
Status: in_force

The trial of such action shall be conducted in accordance with chapter 15-25 and any special rule or order made for trial of the particular case by the Supreme Court.

Source: SL 1890, ch 1, § 3; RCCivP 1903, § 27; RC 1919, § 2111; SDC 1939 & Supp 1960, § 33.0604.
S.D. Codified Laws § 21-26-2 — SD Code / Title 21 / Chapter 26 / Section 21-26-2
Defendant's verified statement--Amount of judgment and authorization included
Status: in_force

A statement in writing must be made, signed by the defendant, and verified by his oath. It must state the amount for which judgment may be entered, and authorize the entry of judgment therefor.

Source: CCivP 1877, § 716, subdiv 1; CL 1887, § 5538, subdiv 1; RCCivP 1903, § 785, subdiv 1; RC 1919, § 3024 (1); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, § 37.0302 (1).
S.D. Codified Laws § 21-49-17 — SD Code / Title 21 / Chapter 49 / Section 21-49-17
Joinder of other persons liable--Judgment and enforcement of judgment as against mortgagor
Status: in_force

If the mortgage debt is secured by the obligation, or other evidence of debt, of any person other than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged property, as well as against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process.

Source: SL 1977, ch 187, § 7.
S.D. Codified Laws § 21-47-1 — SD Code / Title 21 / Chapter 47 / Section 21-47-1
Venue of foreclosure actions--Service outside county on nonresident defendant
Status: in_force

Actions for the foreclosure or satisfaction of mortgages may be brought in the circuit court for the county where the mortgaged real property or some portion thereof is situated, and in case any defendant be not a resident of the county, process may be served on him in any other county within the state.

Source: CCivP 1877, § 616; CL 1887, § 5430; RCCivP 1903, § 655; RC 1919, § 2897; SDC 1939, § 37.2901; SL 1943, ch 139.
S.D. Codified Laws § 21-65-7 — SD Code / Title 21 / Chapter 65 / Section 21-65-7
Hearing on petition--Service of process
Status: in_force

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless the court grants a continuance for good cause. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.

Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.

The court shall exercise its discretion in a manner that protects the vulnerable adult from traumatic confrontation with the respondent.

Hearings shall be recorded.

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing protection order.

Source: SL 2016, ch 120, § 9.
S.D. Codified Laws § 21-25A-16 — SD Code / Title 21 / Chapter 25A / Section 21-25A-16
Right to representation by counsel--Waiver ineffective
Status: in_force

A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective.

Source: SL 1971, ch 157, § 6.
S.D. Codified Laws § 21-47-19 — SD Code / Title 21 / Chapter 47 / Section 21-47-19
Cancellation or endorsement of evidence of debt on application of proceeds of sale
Status: in_force

When the proceeds of sale are sufficient to pay the costs and disbursements and the entire debt adjudged to be due, the officer or person making the sale, or the clerk of the court, shall cancel the note, bond, mortgage, or other evidences of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or evidences shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidences, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidences, so endorsed, shall be attached to and made a part of the return on the execution.

Source: SL 1893, ch 118; RCCivP 1903, § 664; RC 1919, § 2905; SDC 1939 & Supp 1960, § 37.2913.
S.D. Codified Laws § 21-24-3 — SD Code / Title 21 / Chapter 24 / Section 21-24-3
Construction and determination of validity of written instruments, legislative acts, and franchises
Status: in_force

Any person interested under a deed, will, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

Source: SL 1925, ch 214, § 2; SDC 1939 & Supp 1960, § 37.0102.
S.D. Codified Laws § 21-29-5 — SD Code / Title 21 / Chapter 29 / Section 21-29-5
Alternative writ issued without notice--Minimum notice required for peremptory writ
Status: in_force

When the application for writ of mandamus to the court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days.

Source: CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.
S.D. Codified Laws § 21-10-6 — SD Code / Title 21 / Chapter 10 / Section 21-10-6
Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action
Status: in_force

A public nuisance may be abated without civil action by any public body or officer as authorized by law. Any municipality, county, or township may defray the cost of abating a public nuisance by taxing the cost thereof by assessment against the real property on which the nuisance occurred or against the real property abutting or adjoining the unrepaired sidewalk as set forth in § 9-46-2 . If the nuisance abated is an unsafe or dilapidated building, unrepaired sidewalk, junk, trash, debris, or similar nuisance arising from the condition of the property, the municipality, county, or township may commence a civil action against the owner of the real property for its costs of abatement in lieu of taxing the cost by special assessment.

Any private person may abate a public nuisance which is specially injurious to that person or any private nuisance injurious to that person by removing or if necessary destroying that which constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. If a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon the wrongdoer's land, reasonable notice shall be given to the wrongdoer before entering to abate it.

Source: SDC 1939 & Supp 1960, § 37.4707; SL 1981, ch 167; SL 1991, ch 182; SL 2004, ch 145, § 1; SL 2020, ch 30, § 15.
S.D. Codified Laws § 21-45-7 — SD Code / Title 21 / Chapter 45 / Section 21-45-7
Lis pendens notice required--Constructive notice
Status: in_force

Immediately after filing the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of the several counties in which the property is situated, a notice of the pendency of the action, containing the names of the parties, so far as known, the object of the action, and a description of the property to be affected thereby. From the time of filing such notice for record all persons shall be deemed to have notice of the pendency of the action.

Source: CCivP 1877, § 551; CL 1887, § 5365; RCCivP 1903, § 590; RC 1919, § 2801; SDC 1939 & Supp 1960, § 37.1405.