reglab/housing_qa huggingface dataset:
SD Codified L § 21-35-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-26 - Terms of surrender of possession--Notice--Hearing--Orders of court.

21-35-26. Terms of surrender of possession--Notice--Hearing--Orders of court.Upon filing of a declaration of taking pursuant to §21-35-24, the court has power to fix the time within which and the terms upon which the parties in possession are required to surrender possession to the petitioner. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the petitioner shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in §21-35-27 upon the recorded owners of all lands sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by §21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as are just and equitable. Source: SL 1983, ch 171, §3.
SD Codified L § 21-35-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-27 - Service of declaration of taking on defendants.

21-35-27. Service of declaration of taking on defendants.A copy of the declaration of taking filed pursuant to §21-35-24 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at his last known post office address. Source: SL 1983, ch 171, §4; SL 1987, ch 29, §29.
SD Codified L § 21-35-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-28 - Amendment of declaration of taking.

21-35-28. Amendment of declaration of taking.If any person who is a proper party defendant or any affected property is omitted from the declaration of taking filed pursuant to §21-35-24, the plaintiff may file amendments to include them. The amendments from the time of filing have the same force and effect as if they were included in the original proceedings. The naming or omission of defendants' names does not defer the effect of the declaration of taking. Source: SL 1983, ch 171, §5.
SD Codified L § 21-35-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-29 - Deposit with court required.

21-35-29. Deposit with court required.If the petitioner elects to utilize the procedures set forth in §§21-35-24 to 21-35-28, inclusive, for possession of property, the petitioner shall deposit with the court the money required by §21-35-25 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the petitioner's right to take as provided in §21-35-10.1. Source: SL 1983, ch 171, §6.
SD Codified L § 21-35-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-30 - Order for payment from deposit--Judgment for amount by which final award exceeds deposit.

21-35-30. Order for payment from deposit--Judgment for amount by which final award exceeds deposit.Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to §21-35-29, or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the property interest taken, or any parcel thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the petitioner for the amount of the deficiency. Source: SL 1983, ch 171, §7.
SD Codified L § 21-35-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 35 - Condemnation Under Power Of Eminent Domain|Section 21-35-31 - Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.

21-35-31. Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.The provisions of this section only apply to a project which requires a siting permit pursuant to chapter 49-41B. Each person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for its proposed facilities. The person or the person's agents and officers may enter the private property for the purpose of the examination and survey. Any person seeking to cause an examination or survey, where permission for examination or survey has been denied, shall:(1)Have filed a siting permit application with the Public Utilities Commission pursuant to §49-41B-11;(2)Give thirty days written notice, including the filing and expected dates of entry, to the owner and any tenant in possession of the private property; and(3)Make a payment to the owner, or provide sufficient security for the payment, for any actual damage done to the property by the entry.This section does not apply to the state or its political subdivisions. This section is in addition to and not in derogation of other existing law. Source: SL 2016, ch 118, §1.
SD Codified L § 21-36-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-1 - Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.

21-36-1. Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.Whenever the title to any real or personal property, situate in this state, shall fail through defect of heirs and escheat to the state, the state may thereupon maintain any action, suit, or proceeding necessary to recover the possession of any such property, or for the enforcement or protection of its rights thereto, or on account thereof, and may sue with like effect as a natural person. Such action, suit, or proceeding shall be prosecuted by the attorney general or by the state's attorney of the county wherein the property or some part thereof is situated. Source: SL 1909, ch 104, §1; RC 1919, §3049; SDC 1939 & Supp 1960, §37.4201.
SD Codified L § 21-36-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-2 - Report by state's attorneys and circuit judges of possible escheats.

21-36-2. Report by state's attorneys and circuit judges of possible escheats.It shall be the duty of state's attorneys and circuit judges to report to the Governor or to the attorney general all cases coming to their attention wherein there is reason to believe that any real or personal property has escheated or may escheat to the state, and all cases wherein there is reason to believe that the whole of the estate of a decedent may pass either by succession or by devise to any person or persons other than the surviving spouse, issue, father, mother, brother, or sister of the decedent. Source: SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
SD Codified L § 21-36-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-3 - Investigation and bringing of action by attorney general.

21-36-3. Investigation and bringing of action by attorney general.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.
SD Codified L § 21-36-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-4 - Intervention in probate proceedings in lieu of bringing action.

21-36-4. Intervention in probate proceedings in lieu of bringing action.In any of the cases enumerated in §§21-36-2 and 21-36-3, if it shall appear to the attorney general that the condition of the estate is such as will permit the question of the right of succession thereto, including the rights of the state as the ultimate heir of the decedent, to be determined in the course of probate proceedings in the manner provided by law, then the attorney general shall be authorized to institute or to intervene in any probate proceedings affecting such estate, in lieu of the proceedings provided for by this chapter. Source: SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
SD Codified L § 21-36-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-5 - Direction by Governor for institution of proceedings.

21-36-5. Direction by Governor for institution of proceedings.If the Governor of this state shall have reason to believe that any real or personal property has escheated through defect of other heirs, he 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 such proceedings as may be 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.
SD Codified L § 21-36-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-6 - State's attorney to assist on request by attorney general.

21-36-6. State's attorney to assist on request by attorney general.Whenever requested by the attorney general, the state's attorney of any county shall assist in the investigation, preparation, and trial of any escheat proceedings or appeals involving the same in the circuit or Supreme Court, when property located in his county is involved. Source: SL 1909, ch 104, §3; RC 1919, §3051; SDC 1939 & Supp 1960, §37.4202.
SD Codified L § 21-36-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-7 - Complaint filed to bring action--Parties defendant.

21-36-7. Complaint filed to bring action--Parties defendant.An action for the recovery of escheated property or its reduction into the possession of the state shall be brought in the name of the state as plaintiff, entitled in the court in which the action is brought, by filing a complaint in which all parties in possession of said property or any part thereof and all adverse claimants thereto, if known, and all persons having or claiming to have any interest therein shall be named as defendants. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-8 - Allegations required in complaint for escheat.

21-36-8. Allegations required in complaint for escheat.It shall only be necessary to allege in the complaint the name of the person last seized, a general description of the estate and its approximate value, the names of the occupants or the persons in possession and claiming such estate, if known, their last-known residence and post office address, and the facts and circumstances in consequence of which the estate is claimed to have escheated, with an allegation that by reason thereof the State of South Dakota has a right by law to such estate. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-9 - Summons filed--Persons to whom directed--Contents.

21-36-9. Summons filed--Persons to whom directed--Contents.With the complaint shall be filed a summons, entitled in the action, directed to the defendants named and to all persons generally who have or claim to have any interest in said estate, or claims against the same, as heirs, creditors, or otherwise, requiring them to appear and answer the said complaint within thirty days after the service of the summons, exclusive of the day of service, and to set forth the nature of their claims. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-10 - Publication of summons and complaint--Personal service--Service by mail.

21-36-10. Publication of summons and complaint--Personal service--Service by mail.Upon the filing of said summons and complaint the court shall make its order that the summons be published in some newspaper to be designated in said order as the newspaper most likely to give notice of the pendency of the action, at least once in each week for six successive weeks. The summons and complaint shall be personally served upon each defendant known to be a resident in this state and a copy of the summons and complaint shall be mailed and directed to each nonresident defendant at his last-known place of residence, with the postage thereon prepaid. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-11 - Answer to complaint--Reply.

21-36-11. Answer to complaint--Reply.Any person named as a defendant, and any person who may claim any interest in and to said estate, may answer to said complaint, setting forth the nature of his claim with a prayer for such relief as he may deem himself entitled to. The plaintiff may thereupon, within thirty days from the service of any answer, reply thereto. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-12 - Receiver appointed on application by state.

21-36-12. Receiver appointed on application by state.Upon the filing of said complaint, the court may, upon application of the state's attorney or attorney general, either before or after answer, upon notice to the party claiming such estate, if known, sufficient cause therefor being shown, appoint a receiver to take charge of said estate, and receive the rents and profits of the same until the rights of the parties are finally determined. Source: SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
SD Codified L § 21-36-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-13 - Concurrent remedies by action and participation in probate proceedings.

21-36-13. Concurrent remedies by action and participation in probate proceedings.The right of action created by this chapter shall be concurrent with and in addition to the right of the state to conduct or participate in probate proceedings affecting the same property, and the two methods of procedure hereby authorized may be conducted without interference with each other, subject to the provisions of §§21-36-14 to 21-36-16, inclusive. Source: SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
SD Codified L § 21-36-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-14 - Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.

21-36-14. Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.In all cases where the circuit court, exercising probate jurisdiction, has acquired jurisdiction by the appointment of a personal representative for an estate prior to the filing of the complaint in the circuit court pursuant to §21-36-7, such court may retain jurisdiction for the purpose of paying claims against and conserving said estate until the settlement of the final account and the said estate is ready for final distribution; whereupon the possession of the property belonging to said estate shall be surrendered by personal representative to the receiver appointed by the circuit court; and pending the administration of said estate the proceedings commenced pursuant to §21-36-7 shall be stayed. Source: SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
SD Codified L § 21-36-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-15 - Circuit court not to settle estate unless state has intervened.

21-36-15. Circuit court not to settle estate unless state has intervened.The circuit court shall make no order in any manner disposing of or distributing the property belonging to an estate, except for the purpose of paying claims of creditors, unless the attorney general has instituted, or intervened in such probate proceedings, in which case settlement of the estate shall be completed, subject to the right of appeal by any interested party including the state. Source: SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204; SL 1995, ch 167, §95.
SD Codified L § 21-36-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-16 - Claims to distributive shares determined in circuit court--Practice and procedure rules.

21-36-16. Claims to distributive shares determined in circuit court--Practice and procedure rules.In all cases brought under the provisions of this chapter, all claims as heirs to any distributive share or portion of said estate shall be determined in the action in the circuit court. All matters of practice and procedure not otherwise provided herein shall be governed by the laws, practice, and rules applicable to appeals on question of both law and fact from a circuit court. Source: SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
SD Codified L § 21-36-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-17 - Judgment for state if no answer or motion served--Proof required.

21-36-17. Judgment for state if no answer or motion served--Proof required.If, in an action brought under the provisions of this chapter, no answer or motion be served within the time required by §21-36-9 the plaintiff may apply to the court for judgment in accordance with the prayer of the complaint, but no judgment shall be given or made except upon proofs adduced in open court. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-18 - Placement on trial calendar if issue joined.

21-36-18. Placement on trial calendar if issue joined.If the issue be joined by the service of an answer by any defendant, the cause shall be placed upon the trial calendar of the next regular term of said court by the service of notice of trial as provided by law and the rules of court. Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
SD Codified L § 21-36-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-19 - Pleadings and testimony in prior proceedings admissible in evidence.

21-36-19. Pleadings and testimony in prior proceedings admissible in evidence.Upon the trial of said action in the circuit court, the original or a duly certified copy of any petition, pleading, order, finding, or judgment, and the official or proven copy of the testimony of any witness, or other evidence received upon any former hearing in any court of record of this state, wherein any party to said action shall have appeared and asserted any claim or interest in such property or estate, shall be admissible in evidence for or against him. Source: SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
SD Codified L § 21-36-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-20 - Hearing and judgment--Costs.

21-36-20. Hearing and judgment--Costs.Upon the trial of the action, after issue joined, or upon the hearing of proofs on the part of the state in cases of default, the court shall make its findings and render judgment in accordance with the facts and the law of the case, which judgment shall be final and conclusive as to the title of the property of the estate, real or personal, subject only to the right of appeal as provided in §21-36-28. The cost of suit shall be taxed as other actions in the circuit court. Source: SL 1909, ch 104, §§7, 9; RC 1919, §§3055, 3057; SDC 1939 & Supp 1960, §37.4205.
SD Codified L § 21-36-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-21 - Recording of judgment where title to real property determined.

21-36-21. Recording of judgment where title to real property determined.In case the title to real property is determined, a certified copy of the judgment of the court shall be recorded in the office of the register of deeds of the county in which such real estate is situated. Source: SL 1909, ch 104, §7; RC 1919, §3055; SDC 1939 & Supp 1960, §37.4205.
SD Codified L § 21-36-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 36 - Actions For Escheat Of Property|Section 21-36-22 - Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.

21-36-22. Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.Personal property, other than money, shall be converted into cash by the receiver appointed by the court, or the administrator of the estate, under the direction of the court, and the proceeds thereof together with all moneys recovered, after first deducting the costs and expenses of the suit, shall be delivered to the commissioner of school and public lands to be by him placed in a special fund pending the expiration of the time in which the right of recovery under the provisions of §21-36-24 shall continue; provided, that for the purposes of this section all permanent fixtures on said real estate of an appraised value less than one thousand dollars, as determined by the Board of Appraisal provided for in §5-9-3, shall be deemed personal property.Upon the expiration of the time in which such right of recovery shall exist all moneys so recovered and all accruals and additions thereto shall be placed to the credit of the school fund. Source: SL 1909, ch 104, §8; RC 1919, §3056; SL 1929, ch 119, §1; SDC 1939, §37.4206; SL 1945, ch 164.