reglab/housing_qa huggingface dataset:
SD Codified L § 21-42-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-14 - Findings of fact and conclusions of law.

21-42-14. Findings of fact and conclusions of law.The court shall make findings of fact and conclusions of law and in its conclusions of law determine the fair and reasonable value of the land; that the land was subject to taxation and was duly and legally assessed; the year for which it was assessed; the amount of the assessment thereof; that said land was sold for delinquent taxes; that due notice of the sale of the land was given as provided by law; the date of the sale thereof; the person to whom sold; the amount for which it was sold; the fact of the assignment of the certificate of sale, if assigned; that the said land or any part thereof has not been redeemed from said sale, if such be the case; that the defendants named were proper parties to said action, and that if there are any persons other than those named who should have been named as defendants in said action, they were wholly unknown to the plaintiff at the time of the commencement of the action, and determine the amount of the bond as provided in §21-42-15 to be given. Source: SL 1941, ch 161, §7; SL 1943, ch 140; SL 1945, ch 165, §1; SDC Supp 1960, §37.16A07.
SD Codified L § 21-42-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-15 - Bond required of plaintiff to indemnify against successful defense after judgment.

21-42-15. Bond required of plaintiff to indemnify against successful defense after judgment.Before the entry of judgment in such action, the plaintiff, if other than the county, must execute a bond of indemnity to the defendants in the action who shall have been served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct in its findings of fact, conditioned that if any defendant so served by publication shall be permitted to defend after judgment, as provided in §21-42-19, 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 that the value of the interest of such defendant cannot exceed and must be based upon the value of the premises as found by the court in said judgment. Source: SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
SD Codified L § 21-42-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-16 - Contents of judgment--Direction to issue deed--Costs.

21-42-16. Contents of judgment--Direction to issue deed--Costs.The judgment entered on the findings of fact and conclusions of law in all cases under the provisions of this chapter, shall decree that such judgment is binding and conclusive upon the defendants named and served therein, and upon all defendants who are unknown to the plaintiff at the time of the commencement of said action, and that all defendants are forever barred and enjoined from claiming or asserting any claim, right, title or interest of any kind whatsoever in and to the property described in said judgment, or any part thereof; said judgment by its terms shall order and direct the county treasurer of said county to issue a deed of conveyance in the name of the State of South Dakota to the plaintiff for said land and decree that said deed shall vest in the plaintiff the title to said premises in fee simple, free and clear of all cloud on the title thereof by reason of any claim or any estate or interest in or lien or encumbrance upon said premises, or any part thereof, by any persons known or unknown and made defendants in said action. The court shall allow the successful party his costs. Source: SL 1941, ch 161, §§6, 7; SL 1943, ch 140; SL 1945, ch 165, §1; SDC Supp 1960, §§37.16A06, 37.16A07.
SD Codified L § 21-42-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-17 - Tax deed issued by treasurer--Form--Acknowledgment.

21-42-17. Tax deed issued by treasurer--Form--Acknowledgment.Upon filing with the county treasurer of a certified copy of the decree and judgment hereinbefore provided by §21-42-16, he must issue a tax deed to the real estate described in the judgment which deed in substance shall be as follows:"Whereas, ________ did on the ________ day of ________, 20____, produce to the undersigned, ________, treasurer of the county of ________, in the State of South Dakota, a certified copy of a judgment and decree entered by the circuit court of the ________ Judicial Circuit of the State of South Dakota, for the county of ________, in an action wherein ________ was plaintiff, and ________, defendant, which certified copy has been filed in the office of the county treasurer of the said county, from which it appears that the said property, hereinafter described was sold to ________ for the sum of ________, being the amount due thereon for the nonpayment of taxes, penalties, interest, and costs for the year 20____ and certificate of tax sale was duly issued and filed as required by law, and it further appearing that by virtue of the judgment and decree hereinbefore referred to that a conveyance of said lands be issued to the said ________.Now, therefore, this indenture made this ________ day of ________, 20____, between the State of South Dakota, by ________, treasurer of said county, party of the first part, and the said ________ of the second part. Witnesseth: that the said party of the first part, for and in consideration of the premises and the sum of one dollar in hand paid, has granted, bargained and sold and by these presents does grant, bargain, sell, and convey unto the said party of the second part, ________ heirs and assigns, forever, the following described real property situated in the county of ________ in the State of South Dakota, to wit: (describe the land), to have and to hold with the appurtenances thereto belonging to the said party of the second part, ________ heirs and assigns forever.In testimony whereof the said ________, treasurer of said county of ________ has hereunto set his hand on the day and year first above written.________________________________Treasurer of __________ CountyAttest:______________________________Auditor __________ County"'(SEAL) Source: SL 1941, ch 161, §9; SL 1943, ch 140; SDC Supp 1960, §37.16A09.
SD Codified L § 21-42-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-18 - Estate vested in grantee by deed.

21-42-18. Estate vested in grantee by deed.A deed issued pursuant to this chapter shall vest in the grantee an absolute estate in fee simple in such real property, subject, however, to all claims which the state may have therein for taxes, liens, or encumbrances. Source: SL 1941, ch 161, §10; SL 1943, ch 140; SDC Supp 1960, §37.16A10.
SD Codified L § 21-42-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-19 - Relief from default judgment.

21-42-19. Relief from default judgment.The court may, in its discretion and upon such terms as may be just, at any time within one year after the entry of judgment, relieve a defendant in such action, served by publication of the summons, 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 not affect the title of the plaintiff, or his successors in interest to, or valid encumbrancers of, said premises. Source: SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
SD Codified L § 21-42-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-20 - Bond not required of county--Liability on successful defense after judgment.

21-42-20. Bond not required of county--Liability on successful defense after judgment.The county as plaintiff shall not be required to furnish a bond pursuant to §21-42-15, but shall be liable for the value of the interest of a defendant served by publication and permitted to defend to the same extent and for the same length of time and under the same provisions as set out in §21-42-19 in cases where the county is not the plaintiff. Source: SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
SD Codified L § 21-42-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 42 - Actions To Quiet Tax Title|Section 21-42-21 - Employment of additional counsel to assist state's attorney.

21-42-21. Employment of additional counsel to assist state's attorney.In counties where it shall be determined by the board of county commissioners of such county that the state's attorney of such county is unable to handle the work required in the prosecution of the action or actions as herein authorized by reason of the additional work imposed upon him by the adoption of this chapter, then and in such cases, the state's attorney is hereby authorized to contract with additional counsel to prosecute and bring such action or actions herein authorized, which additional counsel shall be by the state's attorney appointed as an assistant state's attorney, the contract with such additional counsel to be approved by the county commissioners, and his compensation paid out of the appropriate fund of said county. Source: SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.
SD Codified L § 21-43-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety|Section 21-43-1 - Action to determine adverse claim to money, property or chose in action.

21-43-1. Action to determine adverse claim to money, property or chose in action.An action may be brought by one person against another, for the purpose of determining an adverse claim which the latter makes against the former, for money or property including a chose in action upon an alleged obligation. Source: SL 1903, ch 118; RC 1919, §2872; SDC 1939 & Supp 1960, §37.1601.
SD Codified L § 21-43-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety|Section 21-43-2 - Action by surety to compel satisfaction of debt.

21-43-2. Action by surety to compel satisfaction of debt.An action may be brought against two or more persons for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety. Source: SL 1903, ch 118; RC 1919, §2872; SDC 1939 & Supp 1960, §37.1601.
SD Codified L § 21-43-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety|Section 21-43-3 - Procedure.

21-43-3. Procedure.The procedure for actions under this chapter shall be according to the provisions of Title 15, but such of the provisions of chapters 21-14 and 21-41 as are not inconsistent with those of Title 15 shall be applicable to actions under this chapter. Source: SDC 1939 & Supp 1960, §37.1602.
SD Codified L § 21-44-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-1 - Definition of terms.

21-44-1. Definition of terms.Terms used in this chapter, unless the context otherwise plainly requires, shall mean:(1)"Life tenant," any person who under the terms of any will, deed, grant, mortgage, assignment, or other instrument holds during his lifetime any right, title, or interest in, or lien or encumbrance upon, real estate or personal property within this state, which right, title, or interest or lien or encumbrance, by the terms of such will, deed, grant, mortgage, assignment, or other instrument, terminates upon and by reason of his death, and by such terms thereupon passes to some other designated person or persons; and including an interest as a joint tenant or joint owner as distinguished from a tenant in common or owner in common of such real estate, or such lien or encumbrance;(2)"Remainderman," any person or persons to whom by such terms of such will, deed, grant, mortgage, assignment, or other instrument, such right, title, or interest or lien or encumbrance, or any part or portion thereof, passes upon the death of the life tenant, and including a surviving joint tenant or surviving joint owner, and the successor in interest of any of them. Source: Supreme Court Rule 572, 1939; SDC 1939 & Supp 1960, §37.1201.
SD Codified L § 21-44-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-2 - Recording death certificate--Prima facie evidence--Affidavit identifying property.

21-44-2. Recording death certificate--Prima facie evidence--Affidavit identifying property. In all cases of joint tenancy in lands or personal property, and in all cases where any estate, title or interest in, or lien upon, lands or personal property has been or may be created, which estate, title, interest, or lien was or is to continue only during the life of any person named or described in the instrument by which such estate, title, interest or lien was created, a copy of the record of the death of any such joint tenant or of the person upon whose life such estate, title, interest, or lien was or is limited, duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which such lands are situated or in the proper office for filing as to such personal property. The record of such certified copy is prima facie evidence of the death of such person and the termination of such joint tenancy and of all such estate, title, interest, and lien as was or is limited upon the life of such person. In order to identify the property affected by the death of such person, the person causing the certificate to be recorded shall attach thereon an affidavit setting out the legal descriptions of the property involved.This section shall not be treated or construed as exclusive of any other remedy authorized by law or rule of court but as cumulative to such other remedy. Source: SL 1957, ch 198; SDC Supp 1960, §37.1214; SL 2001, ch 109, §1; SL 2021, ch 34, § 3.
SD Codified L § 21-44-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.

21-44-3. Proceeding for termination of life estate--Contents of verified petition.Any person who claims that a life tenant is deceased may file in the circuit court for the county in which is situated the real estate or personal property involved or some portion thereof, his duly verified petition setting forth:(1)A description of the real estate or personal property involved;(2)A complete identification of the instrument which is the basis of the proceeding, and a statement of the book and place of record thereof within this state;(3)The fact as to the date and place of death of the life tenant;(4)The last known post office address of the life tenant;(5)The names and post office addresses, so far as known to the petitioner, of the surviving heirs or heirs at law of the life tenant;(6)A statement of the names and addresses of the remaindermen entitled to such property on the expiration of the life estate. Source: Supreme Court Rule 573, 1939; SDC 1939, §37.1203; Supreme Court Rule adopted August 10, 1943.
SD Codified L § 21-44-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-4 - Joinder of proceedings as to two or more life tenants.

21-44-4. Joinder of proceedings as to two or more life tenants.In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, where it is claimed that two or more life tenants are deceased, each of whom had an interest in the property involved, or part thereof, all such life tenancies may be included in one proceeding. Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (1).
SD Codified L § 21-44-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.

21-44-5. Joinder of proceedings as to all property held by life tenant.In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, all property in which an interest was held by any life tenant may be included in one proceeding notwithstanding the fact that the remaindermen may be different, in whole or in part, as to any such property. Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (2).
SD Codified L § 21-44-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-6 - Life estates in personal property subject to termination--Joinder with proceedings as to real property.

21-44-6. Life estates in personal property subject to termination--Joinder with proceedings as to real property.In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, the right of a life tenant in personal property may be terminated either as the sole purpose of the proceeding or in connection with the termination of an interest in real estate, for which purpose the designation of real property in any such statute or rule of court shall be deemed to include personal property, and reference therein to recording data or recording as applying to real property shall be construed to include filing data or filing as may be applicable to personal property. Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (3).
SD Codified L § 21-44-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-7 - Lis pendens notice required if property in another county affected.

21-44-7. Lis pendens notice required if property in another county affected.If a petition filed pursuant to §21-44-3 describes real estate or personal property situated in any county other than that in which such petition is filed, immediately after the filing of such petition, there shall be recorded in the office of the register of deeds of such other county or counties or in the proper office for filing with respect to such personal property a notice of the pendency of the proceeding, containing the title and the object of the proceeding and a description of the property to be affected thereby. Source: Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SDC Supp 1960, §37.1205.
SD Codified L § 21-44-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.

21-44-8. Order fixing time and place for hearing on petition--Contents.Upon the filing of the petition, the court shall enter an order which shall set forth the name of the petitioner, the name of the life tenant, a description of the real estate or personal property involved, the date of the death of the life tenant, as set forth in the petition, and the nature of the right, title, or interest, or lien or encumbrance as to which the petition prays the termination, and the time and place for hearing. Source: Supreme Court Rule 574, 1939; SDC 1939, §37.1204; Supreme Court Rule, Order No. 3, 1954; SL 1982, ch 174, §3.
SD Codified L § 21-44-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-9 - Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.

21-44-9. Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.Notice of the hearing shall be given by publication of the order for hearing in a legal newspaper of the county in which such petition is filed, once a week for three successive weeks prior to the hearing, and by mailing by regular mail true copies of the order addressed to the life tenant at the life tenant's last known post office address, to the Department of Social Services in Pierre, South Dakota, to the remaindermen entitled to the property on the expiration of the life estate, and to the heirs or heirs at law of the life tenant at their respective post office addresses as set forth in the petition, at least fourteen days prior to the date of the hearing. The court may, in the order for hearing, require any other or further notice to be given which the court deems reasonable. The department need not be specifically named in the notice and may file a claim for any indebtedness owed pursuant to §§28-6-23 to 28-6-27, inclusive, at or before the hearing. Source: SDC 1939, §37.1205; Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SL 1982, ch 174, §4; SL 1994, ch 229, §11.
SD Codified L § 21-44-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.

21-44-11. Validation of prior inheritance tax determinations in circuit court.All proceedings had prior to July 1, 1953, in any of the circuit courts of this state for the termination of a life estate, or life estates, wherein(1)An inheritance tax report has been filed with the Department of Revenue of the State of South Dakota; and(2)His receipt therefor has been issued; and(3)A stipulation has been made by him as to whether or not any inheritance tax is due the State of South Dakota, and if so, the amount thereof, upon which the court has issued and entered its order declaring whether or not any inheritance tax is due the state, and if so the amount thereof; are hereby legalized, cured and validated; and all such proceedings are hereby declared to be in all respects of like force and effect as though the determination of such inheritance tax was had in the county court. Source: SL 1953, ch 207, §2; SDC Supp 1960, §65.0345; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 21-44-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.

21-44-12. Persons permitted to appear at hearing on termination of estate.Upon the hearing ordered pursuant to §21-44-8 any person interested may appear and be heard on the question of whether the relief prayed for in the petition is to be granted. Source: Supreme Court Rule 576, 1939; SDC 1939, §37.1206; Supreme Court Rule adopted August 10, 1943.
SD Codified L § 21-44-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-13 - Procedure on contested petitions.

21-44-13. Procedure on contested petitions.If the petition is contested, the procedure shall be the same as upon other trials to the court, and the court must make findings of fact and conclusions of law unless the same are waived by any method of waiver provided by law. Source: SDC 1939 & Supp 1960, §37.1207.