reglab/housing_qa huggingface dataset:
SD Codified L § 21-41-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.

21-41-12. Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property to be affected thereby. From the time of filing the notice for record all persons shall be deemed to have notice of the pendency of the action. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value. Source: SL 1903, ch 194, §7; SL 1905, ch 81; RC 1919, §2853; SDC 1939 & Supp 1960, §37.1513; SL 1981, ch 45, §17.
SD Codified L § 21-41-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-13 - Disclaimer by defendant to avoid costs.

21-41-13. Disclaimer by defendant to avoid costs.If the defendant in an action to determine adverse claims disclaim in his answer any interest or estate in the property or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs except as provided in §21-41-3. Source: CCivP 1877, §636; CL 1887, §5450; RCCivP 1903, §676; RC 1919, §2866; SDC 1939 & Supp 1960, §37.1523.
SD Codified L § 21-41-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.

21-41-14. Contents of defendant's answer--Counterclaim permitted.The defendant in his answer must set forth fully and particularly the origin, nature, and extent of his claim to the property; and may set forth his rights in the property as a counterclaim and demand affirmative relief. Source: SL 1903, ch 194, §3; SL 1905, ch 81; RC 1919, §2848; Supreme Court Rule 581, 1939; SDC 1939 & Supp 1960, §37.1507.
SD Codified L § 21-41-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-15 - Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.

21-41-15. Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.Any counterclaim filed pursuant to §21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actions, and the value of the land aside from the value of the improvements thereon, and the separate value of the improvements, must be specifically found by the verdict of the jury, the report of the referee, or the findings of the court. Source: CCivP 1877, §§642, 643; CL 1887, §§5456, 5457; RCCivP 1903, §§682, 683; RC 1919, §§2858, 2859; Supreme Court Rules 583, 584, 1939; SDC 1939 & Supp 1960, §§37.1517, 37.1518.
SD Codified L § 21-41-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-16 - Judgment on counterclaim for improvements--Payment for land on default by plaintiff.

21-41-16. Judgment on counterclaim for improvements--Payment for land on default by plaintiff.The judgment of the court upon such findings, if in favor of the plaintiff for the recovery of the real property, and in favor of the defendant for the counterclaim, shall require such plaintiff to pay to the defendant the value of the improvements as determined by such findings, within sixty days from the rendition of such judgment less the amount of the damages, if any recovered, for withholding the land and for waste committed upon said land by the defendant; and until such payment, or tender and deposit in the office of the clerk of courts in which such action is pending, no execution or other process shall issue in such action to dispossess such defendant, his heirs, or assigns; and in default of such payment by the plaintiff, the defendant shall pay to the plaintiff the value of said land as determined by such findings, and the damages, if any recovered, for withholding the same and for waste committed upon said land by him. Source: CCivP 1877, §644; CL 1887, §5458; SL 1893, ch 68; RCCivP 1903, §684; RC 1919, §2860; SDC 1939 & Supp 1960, §37.1519.
SD Codified L § 21-41-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-17 - Enforcement against property of claim against deceased defendant.

21-41-17. Enforcement against property of claim against deceased defendant.Any creditor of any deceased person, made a party defendant to an action brought pursuant to §21-41-1, may set forth in his answer, his claim against such decedent, and if the amount and validity of such claim be established upon the trial and it be also established that the estate of said decedent has never been administered and that the premises involved in the action are subject to the payment of such claim, such claimant may have judgment in the action for the amount of his claim and taxable costs against the premises involved in the action, and unless the same shall be paid by the plaintiff or some other party to the action having the right to pay the same within such time as shall be prescribed by the judgment of the court, said premises may be sold to pay the same, upon the notice and in the manner provided by law for sales of real property on execution. Source: SL 1903, ch 194, §8; SL 1905, ch 81; RC 1919, §2854; SDC 1939 & Supp 1960, §37.1506.
SD Codified L § 21-41-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.

21-41-18. Jurisdiction of court to determine rights in decedents' estates.The court shall have jurisdiction in such action to determine who are the heirs at law, devisees, and legatees of any deceased person who had in his lifetime any interest in or lien or encumbrance on the premises involved between themselves, as well as with respect to the rights of the plaintiff, and to make an adjudication upon the rights of such heirs, devisees and legatees and of all creditors of such deceased persons in and to such premises, which shall be valid and binding upon them and upon all the world, and if such heirs at law, devisees, and legatees of such deceased person and the creditors of such deceased person and the unknown defendants in said action, or any of them, shall fail to appear in such action and set forth and assert their interest in or claim to the premises involved, they shall be by the judgment and decree of the court forever barred and enjoined from thereafter claiming or asserting any title or interest in or lien or encumbrance upon or claim to the premises involved in the action. Source: SL 1903, ch 194, §4; SL 1905, ch 81; RC 1919, §2849; SDC 1939 & Supp 1960, §37.1508.
SD Codified L § 21-41-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.

21-41-19. Jurisdiction of decedent's estate from time of publication of summons.From the time of the publication of the summons, as directed in §§21-41-8 and 21-41-9, the circuit court shall have jurisdiction of the estate of any deceased person described in §21-41-18, to make final settlement thereof, so far as may be necessary to a complete determination of the title to the premises involved, or of the interest or lien of any party or parties therein. Source: SL 1903, ch 194, §4; SL 1905, ch 81; RC 1919, §2849; SDC 1939 & Supp 1960, §37.1508.
SD Codified L § 21-41-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.

21-41-22. Allowance of plaintiff's claim for improvements--Value alleged in complaint.In an action brought to determine adverse claims to real estate, under the provisions of this chapter, affecting real estate upon which permanent improvements have been made by a plaintiff, or those under whom he claims, holding under color of title adversely to the claim of a defendant or intervenor, in good faith, if such plaintiff is unsuccessful, the value of such improvements must be allowed as a claim in favor of such plaintiff. In order to be entitled to maintain such claim, said plaintiff, either in his original complaint, or by amended complaint, must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. In such case, said action shall proceed as provided in §21-41-15. Source: SL 1949, ch 140, §2; SDC Supp 1960, §37.1516-1.
SD Codified L § 21-41-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-23 - Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.

21-41-23. Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.The judgment of the court upon findings pursuant to §21-41-22, if in favor of the defendant or intervenor, for the recovery of the real property, and in favor of the plaintiff or intervenor for the value of such improvements, shall require the person found entitled to recover said real property to pay to the person entitled to recover for such improvements the value of the improvements as determined by such findings, within sixty days from the rendition of such judgment, less the amount of the damages, if any, recovered, for withholding the land, and for waste committed upon said land by the party adjudged entitled to recover the value of such improvements; and until such payment, or a tender of deposit in the office of the clerk of courts in which such action is pending, no execution or other process shall issue in such action to dispossess the person entitled to the value of such improvements, his heirs or assigns; and in default of such payment by the person entitled to recover said real property, the person entitled to the value of the improvements shall pay to the person entitled to recover the real property the value of said land as determined by such findings, and the damages, if any, recovered, for withholding same and for waste committed upon said land by him. Source: SL 1949, ch 140, §3; SDC Supp 1960, §37.1516-2.
SD Codified L § 21-41-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 41 - Actions To Quiet Title To Real Property|Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.

21-41-24. Bond required to indemnify against defenses permitted after judgment.Before the entry of judgment in such action, the plaintiff must execute a bond of indemnity to the defendants in the action who shall be served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct, conditioned that if any defendant shall be permitted to defend after judgment, as provided in §21-41-25, and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action. Provided, however, that personal service of the summons and complaint outside of this state, in the manner provided by the laws of this state, shall, for the purposes of this section, be deemed personal service and not service by publication. Source: SL 1903, ch 194, §9; SL 1905, ch 81; RC 1919, §2855; SDC 1939, §37.1514; SL 1943, ch 138.
SD Codified L § 21-42-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-1 - Tax purchasers entitled to bring action--Purpose of action.

21-42-1. Tax purchasers entitled to bring action--Purpose of action.In addition to and not in lieu of the method otherwise provided by the statutes of this state for the taking of tax deeds any purchaser of property at tax sale, or his assigns, including the county where property is bid in by the county treasurer for lack of bidders, desiring a tax deed for any such property or desiring to quiet the title to property already covered by tax deeds may bring an action in the circuit court for the county within which such real property is situated, which said action shall be brought as an action in equity, and except as herein provided, shall be prosecuted the same as in other civil actions. Source: SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
SD Codified L § 21-42-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-2 - Time of bringing action.

21-42-2. Time of bringing action.Said action may be commenced at any time after the expiration of four years from the date of the tax certificate or certificates and in cases where the action be commenced upon existing tax deeds, said action may be commenced at any time. Source: SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
SD Codified L § 21-42-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-3 - Delinquent taxes paid before action brought.

21-42-3. Delinquent taxes paid before action brought.Before bringing such action, the plaintiff, unless it be the county, shall pay delinquent taxes assessed subsequent to the date he procured the certificate of sale which may then be due to the county. Source: SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
SD Codified L § 21-42-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-4 - Commencement by summons and complaint--Party plaintiff--Known and unknown parties defendant.

21-42-4. Commencement by summons and complaint--Party plaintiff--Known and unknown parties defendant.The action shall be commenced by the filing of a summons and complaint as in other civil actions as required by the statutes of the State of South Dakota in which the party or parties so commencing the same shall be named as plaintiff, or plaintiffs, and all persons who have or claim to have, or who appear of record to have any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint, or any part thereof, or if dead, their heirs, devisees, legatees, personal representatives, or creditors, known or unknown, or any or either of them, and all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof, shall be named as defendants; if the county is the applicant, the action shall be brought in the name of the county. Source: SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02; SL 1995, ch 167, §188.
SD Codified L § 21-42-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-5 - Joinder of different tracts in same action--Joinder of parties defendant.

21-42-5. Joinder of different tracts in same action--Joinder of parties defendant.Several tracts of land, contiguous or noncontiguous, and whether owned by different defendants and whether sold at the same time or different times, may be set forth in one complaint and all persons claiming any title to, or interest in or lien upon, any of said premises, or any part thereof, although their said claims are independent and not in common and do not cover the same tracts may be joined as defendants. Source: SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
SD Codified L § 21-42-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-6 - Contents of complaint.

21-42-6. Contents of complaint.The complaint shall, among other things, set forth the description of the real property involved, the year in which the delinquent taxes were assessed, the amount for which the property was sold, the amount of taxes subsequently paid, the date of the sale of said property, the person to whom sold, the nature of the interest in each separate part of said land held by the respective defendants, or any of them and the amount of money necessary to redeem said lands from said sale. Source: SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
SD Codified L § 21-42-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-7 - Procedural rules not exclusive of other procedures to perfect tax title.

21-42-7. Procedural rules not exclusive of other procedures to perfect tax title.The rules of procedure outlined by §§21-42-4 to 21-42-6, inclusive, shall apply to actions hereafter brought to procure tax deeds under the provisions of this chapter, or to perfect titles under existing tax deeds, but shall not be exclusive of any other statutory procedure to procure tax deeds and to quiet title upon tax deeds. Source: SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
SD Codified L § 21-42-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-8 - Summons and complaint in same form as for civil actions--Service as in quiet title actions.

21-42-8. Summons and complaint in same form as for civil actions--Service as in quiet title actions.The summons and complaint must be of the same form and substance as otherwise provided by the laws of this state for the commencement of civil actions, and shall be served in the same manner as provided by §§21-41-8 and 21-41-9. Source: SL 1941, ch 161, §4; SL 1943, ch 140; SDC Supp 1960, §37.16A04.
SD Codified L § 21-42-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-9 - Lis pendens notice recorded by register of deeds--Destruction of records.

21-42-9. Lis pendens notice recorded by register of deeds--Destruction of records.Upon the filing of the summons and complaint, a notice of pendency of the action shall be recorded in the office of the register of deeds of the county in which the action is pending; the lis pendens so recorded shall be filed and recorded by the register of deeds in the same manner and as required by law for the recording of instruments concerning real property. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value. Source: SL 1941, ch 161, §3; SL 1943, ch 140; SDC Supp 1960, §37.16A03; SL 1981, ch 45, §18.
SD Codified L § 21-42-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-10 - Redemption of land by defendant--Certificate of redemption--Apportionment of taxes assessed--Personal property taxes.

21-42-10. Redemption of land by defendant--Certificate of redemption--Apportionment of taxes assessed--Personal property taxes.Any defendant to an action may make redemption of the lands from tax sales by paying the total amount of delinquent taxes, penalties and interest thereon at the Category D rate of interest as established in §54-3-16, which shall have been paid by the plaintiff or which is due the county, if the county is plaintiff, together with costs of the action. Upon payment, a certificate of redemption shall be issued by the county treasurer of the county to the defendant and the action shall be dismissed. If a defendant desires to redeem from a tax sale and pay all subsequent taxes and costs upon any lot, piece, or parcel of real estate, the county treasurer shall permit redemption and payment in all cases where tax deeds have not been issued prior to July 1, 1941. If the real estate has been assessed together with other real estate, then the county treasurer shall compute and apportion the tax that should have been assessed against the real estate sought to be redeemed as if the property had been separately assessed. In cases which have undivided interests in real property so assessed as shown of record, the county treasurer shall compute and apportion the tax according to the interests sought to be redeemed. Any personal property taxes which are a lien upon the real estate shall be computed and apportioned on the same percentage basis as the tax assessed against the real estate is apportioned. Source: SL 1941, ch 161, §5; SL 1943, ch 140; SDC Supp 1960, §37.16A05; SL 1983, ch 28, §38; SL 1984, ch 319, §19.
SD Codified L § 21-42-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-11 - Appearance by defendant--Defenses permitted.

21-42-11. Appearance by defendant--Defenses permitted.Any defendant may appear in said action within the time provided by law for appearances in civil actions and may set up any defense to said action he may have, and may therein question the legality, validity, or sufficiency of any act had in connection with the assessment thereof, the tax levy thereon, or sale of said land. Source: SL 1941, ch 161, §5; SL 1943, ch 140; SDC Supp 1960, §37.16A05.
SD Codified L § 21-42-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-12 - Venue of action.

21-42-12. Venue of action.Such action shall be tried in the circuit court for the county in which said premises are situated. Source: SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.
SD Codified L § 21-42-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-13 - Proof required on default judgment--Treasurer's certificate as prima facie evidence.

21-42-13. Proof required on default judgment--Treasurer's certificate as prima facie evidence.No judgment shall be entered against any defendant in default without proof of the allegations of the complaint, but the treasurer's certificate of sale shall be prima facie evidence of the validity, legality, and sufficiency of all of the proceedings leading up to the issuance of such certificate in all cases. Source: SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.