reglab/housing_qa huggingface dataset:
SD Codified L § 43-44-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-6 - Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.

43-44-6. Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.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.
SD Codified L § 43-44-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-7 - Registration records--Indexing by secretary of state--Contents.

43-44-7. Registration records--Indexing by secretary of state--Contents.The secretary of state shall keep a properly indexed record of all registrations provided for by this chapter, which record shall also show any altered or canceled registration, and any assignments or transfers thereof. Source: SL 1933, ch 82, §3; SDC 1939, §51.0905.
SD Codified L § 43-44-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-8 - Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.

43-44-8. Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.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.
SD Codified L § 43-44-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-9 - Persons benefitted by registration of emblem.

43-44-9. Persons benefitted by registration of emblem.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.
SD Codified L § 43-44-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-10 - Unauthorized use or wearing of registered emblem--Classification of offense.

43-44-10. Unauthorized use or wearing of registered emblem--Classification of offense.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.
SD Codified L § 43-44-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 44 - Emblems Of Associations|Section 43-44-11 - Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.

43-44-11. Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action. Source: SDC 1939, §51.0907.
SD Codified L § 43-45-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-1 - Scope of exemptions of personal property.

43-45-1. Scope of exemptions of personal property.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.
SD Codified L § 43-45-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-2 - Property absolutely exempt.

43-45-2. Property absolutely exempt.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.
SD Codified L § 43-45-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.

43-45-3. Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.A homestead:(1)As defined and limited in chapter 43-31, is absolutely exempt; or(2)In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the sum of sixty thousand dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by the owner. If the homestead is divided by court order pursuant to §25-4-44 and a lien is imposed on the homestead for the benefit of the nonoccupant spouse pursuant to §25-4-42, absence from the homestead and loss of title to the homestead pursuant to the court order, does not constitute forfeiture of the homestead exemption and homestead protection shall attach to the judicial lien for a period of one year. Such exemption shall be limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a homestead. Source: CCivP 1877, §323, subdiv 7; CL 1887, §5127, subdiv 7; SL 1890, ch 86, §1; RCCivP 1903, §345, subdiv 7; RC 1919, §2658 (7); SDC 1939, §51.1802; SL 1957, ch 267, §1; SL 1966, ch 153; SL 1978, ch 156, §8; SL 1980, ch 296, §3; SL 2005, ch 235, §1; SL 2009, ch 224, §1; SL 2015, ch 223, §4.
SD Codified L § 43-45-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-4 - Additional property exemptions--Selection and appraisal.

43-45-4. Additional property exemptions--Selection and appraisal.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.
SD Codified L § 43-45-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

43-45-6. Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person, shall, to any amount not exceeding ten thousand dollars, inure to the use of such surviving widow, husband, minor child or children; and such amount shall not be subject to the payment of any debt of such decedent, or of such surviving widow, husband, minor child or children. Whenever the proceeds of such insurance become payable and the insurer makes payment thereof to the personal representative of the estate of such person, such payment shall fully discharge the insurer from all claims under the policy or contract, and such insurer need not follow the distribution of such payment. Source: SL 1895, ch 89; RCCivP 1903, §348; RC 1919, §2661; SL 1923, ch 148; SDC 1939, §51.1805; SL 1959, ch 280; SL 1995, ch 167, §188.
SD Codified L § 43-45-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-7 - Persons to whom exemptions do not apply.

43-45-7. Persons to whom exemptions do not apply.Except those made absolute, the exemptions provided by this chapter do not apply to the following persons:(1)To a nonresident;(2)To a debtor who is in the act of removing with his family from the state;(3)To a debtor who has absconded, taking with him his family;(4)To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;(5)To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;(6)To a debtor for child and spousal support obligations; or(7)To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services. Source: Subdivs. (1) to (3): CCivP 1877, §333; CL 1887, §5138; RCCivP 1903, §363; RC 1919, §2670; SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, §332; SL 1881, ch 34, §1; CL 1887, §5136; RCCivP 1903, §361; SL 1911, ch 150; RC 1919, §2668; omitted SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, §61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.
SD Codified L § 43-45-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-8 - Exemption not allowed for purchase money or construction costs.

43-45-8. Exemption not allowed for purchase money or construction costs.No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be exempt, and on which such attachment or execution is levied. Source: SL 1883, ch 50, §1; CL 1887, §5137; RCCivP 1903, §362; SL 1903, ch 139; RC 1919, §2669; SL 1927, ch 115; SDC 1939, §51.1807.
SD Codified L § 43-45-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.

43-45-9. Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses. Source: SL 1885, ch 55, §3; CL 1887, §5139; RCCivP 1903, §364; RC 1919, §2671; SDC 1939, §51.1809.
SD Codified L § 43-45-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.

43-45-10. Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.No property, except the homestead and other exemptions made absolute, shall be exempt from levy, seizure, and sale by virtue of any final writ or process issued on a judgment for fines, penalties, or costs of criminal prosecutions. Source: CCivP 1877, §334; CL 1887, §5140; RCCivP 1903, §365; RC 1919, §2672; SDC 1939, §51.1810.
SD Codified L § 43-45-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.

43-45-11. Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.No property except the homestead and other exemptions made absolute, and personal property of any kind in addition thereto to the value of five hundred dollars, shall be exempt from levy, seizure, or sale, by virtue of any final writ or process issued on a judgment for forfeitures of undertakings and bonds, or of recognizance taken and entered in criminal cases. Source: CCivP 1877, §334; CL 1887, §5140; RCCivP 1903, §365; RC 1919, §2672; SDC 1939, §51.1810.
SD Codified L § 43-45-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.

43-45-12. Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.The sheriff or other officer having any process of levy or sale must make return, with his writ or warrant, of any inventory and appraisement of any such exempted or other personal property. Source: CCivP 1877, §330; CL 1887, §5134; RCCivP 1903, §359; RC 1919, §2666; SDC 1939, §51.1806.
SD Codified L § 43-45-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-13 - Certain federal bankruptcy exemptions not available.

43-45-13.Certain federal bankruptcy exemptions not available.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.
SD Codified L § 43-45-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.

43-45-14. Exemption of earnings from garnishment process or levy-Bankruptcy.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.
SD Codified L § 43-45-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-15 - Legislative intent.

43-45-15. Legislative intent.The Legislature of the State of South Dakota hereby declares that §§43-45-16 to 43-45-18, inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, §4. The Legislature hereby finds §§43-45-16 to 43-45-18, inclusive, is necessary to insure that a debtor enjoys the comforts and necessities of life during retirement years. Source: SL 1997, ch 250, §1.
SD Codified L § 43-45-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.

43-45-16. Exemption from process for certain retirement benefits--Right of state to collect.Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee's benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject to the right of the State of South Dakota and its political subdivisions to collect any amounts owed to them. This section permits benefits under such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order as defined in 29 U.S.C. §1056(d) or in §401(a)(13) of the Internal Revenue Code. Source: SL 1997, ch 250, §2; SL 2007, ch 252, §1.
SD Codified L § 43-45-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-17 - Employee benefit plan defined.

43-45-17. Employee benefit plan defined.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.
SD Codified L § 43-45-18 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 45 - Personal Property Exempt From Process|Section 43-45-18 - Court determination of appropriate exemption.

43-45-18. Court determination of appropriate exemption.In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4. Source: SL 1997, ch 250, §4.
SD Codified L § 43-46-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 46 - Joint Owners Liability For Decedents Debts|Section 43-46-1 - Joint owners' liability for debts and obligations of deceased joint owner.

43-46-1. Joint owners' liability for debts and obligations of deceased joint owner.Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or owners, under the conditions set forth in this chapter. Source: SL 1969, ch 198; SDCL 30-21A-1; SL 1995, ch 167, §167.
SD Codified L § 43-46-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 46 - Joint Owners Liability For Decedents Debts|Section 43-46-2 - Right of action of creditor or representative of deceased joint owner.

43-46-2. Right of action of creditor or representative of deceased joint owner.Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, against the surviving joint owner, or owners, setting forth such claim. Source: SL 1969, ch 198 (1); SDCL 30-21A-2; SL 1995, ch 167, §167.
SD Codified L § 43-46-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 46 - Joint Owners Liability For Decedents Debts|Section 43-46-3 - Proof of insufficient other property of deceased joint owner to pay debts.

43-46-3. Proof of insufficient other property of deceased joint owner to pay debts.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.
SD Codified L § 43-46-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 46 - Joint Owners Liability For Decedents Debts|Section 43-46-4 - Limitation on amount of liability of surviving joint owner.

43-46-4. Limitation on amount of liability of surviving joint owner.The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned property by the deceased joint owner determined as of the time of his death, but subject to all homestead and legal exemptions in such decedent's jointly owned property. Source: SL 1969, ch 198 (2); SDCL 30-21A-4; SL 1995, ch 167, §167.