reglab/housing_qa huggingface dataset:
SD Codified L § 21-3B-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-2 - Transferee to provide disclosure statement--Information required.

21-3B-2. Transferee to provide disclosure statement--Information required.Not less than three days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth the following information:(1)The amounts and due dates of the structured settlement payments to be transferred;(2)The aggregate amount of such payments;(3)The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities" and the amount of the applicable federal rate used in calculating such discounted present value;(4)The gross advance amount;(5)An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;(6)The net advance amount;(7)The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and(8)A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee. Source: SL 2001, ch 106, §2.
SD Codified L § 21-3B-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-3 - Transfer effective only upon order of court or administrative authority--Findings required.

21-3B-3. Transfer effective only upon order of court or administrative authority--Findings required.No direct or indirect transfer of structured settlement payment rights is effective and no structured settlement obligor or annuity issuer is required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on the following express findings by such court or responsible administrative authority:(1)The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;(2)The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and(3)The transfer does not contravene any applicable statute or the order of any court or other government authority. Source: SL 2001, ch 106, §3.
SD Codified L § 21-3B-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-4 - Rights and obligations following transfer.

21-3B-4. Rights and obligations following transfer.Following a transfer of structured settlement payment rights under this chapter:(1)The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any liability for the transferred payments;(2)The transferee is liable to the structured settlement obligor and the annuity issuer:(a)If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and(b)For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;(3)Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and(4)Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter. Source: SL 2001, ch 106, §4.
SD Codified L § 21-3B-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-5 - Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer.

21-3B-5. Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer.An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under §21-3B-3, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including the following with such notice:(1)A copy of the transferee's application;(2)A copy of the transfer agreement;(3)A copy of the disclosure statement required under §21-3B-2;(4)A listing of each of the payee's dependents, together with each dependent's age;(5)Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and(6)Notification of the time and place of the hearing and notification of the manner in which, and the time by which written responses to the application must be filed, which may not be less than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority. Source: SL 2001, ch 106, §5.
SD Codified L § 21-3B-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-6 - Payee may not waive provisions.

21-3B-6. Payee may not waive provisions.The provisions of this chapter may not be waived by any payee. Source: SL 2001, ch 106, §6.
SD Codified L § 21-3B-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-7 - Disputes decided under state law.

21-3B-7. Disputes decided under state law.Any transfer agreement entered into on or after July 1, 2001, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement may authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee. Source: SL 2001, ch 106, §7.
SD Codified L § 21-3B-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-9 - No payee liability for failure to comply with chapter.

21-3B-9. No payee liability for failure to comply with chapter.No payee who proposes to make a transfer of structured settlement payment rights may incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this chapter. Source: SL 2001, ch 106, §9.
SD Codified L § 21-3B-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-10 - Effect of chapter on existing laws and transfer agreements.

21-3B-10. Effect of chapter on existing laws and transfer agreements.Nothing contained in this chapter authorizes any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2001, is valid or invalid. Source: SL 2001, ch 106, §10.
SD Codified L § 21-3B-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-11 - Transferee solely responsible for certain requirements.

21-3B-11. Transferee solely responsible for certain requirements.Compliance with the requirements set forth in §21-3B-2 and fulfillment of the conditions set forth in §21-3B-3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions. Source: SL 2001, ch 106, §11.
SD Codified L § 21-3B-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 03B - Structured Settlements|Section 21-3B-12 - Applicability of chapter.

21-3B-12. Applicability of chapter.This chapter applies to any transfer of structured settlement payment rights under a transfer agreement entered into on or after July 1, 2001. Nothing contained in this chapter implies that any transfer under a transfer agreement reached prior to such date is either effective or ineffective. Source: SL 2001, ch 106, §12.
SD Codified L § 21-5-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-1 - Liability for wrongful death where damages for injury could have been recovered--Unborn child.

21-5-1. Liability for wrongful death where damages for injury could have been recovered--Unborn child.Whenever the death or injury of a person, including an unborn child, shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereto, if death had not ensued, then and in every such case, the corporation which, or the person who, would have been liable, if death had not ensued, or the personal representative of the estate of such person as such personal representative, shall be liable, to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony; and when the action is against such personal representative, the damages recovered shall be a valid claim against the estate of such deceased person. However, an action under this section involving an unborn child shall be for the exclusive benefit of the mother or the lawfully married parents of the unborn child. Source: SL 1909, ch 301, §1; RC 1919, §2929; SDC 1939, §37.2201; SL 1947, ch 172; SL 1984, ch 158, §1.
SD Codified L § 21-5-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-2 - Causes of action surviving death of defendant.

21-5-2. Causes of action surviving death of defendant.Actions for wrongful death or personal injury shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death or injury of the injured person. Source: SDC 1939, §37.2201 as added by SL 1947, ch 172.
SD Codified L § 21-5-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-3 - Limitation of actions.

21-5-3. Limitation of actions.Every action for wrongful death shall be commenced within three years after the death of such deceased person. Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
SD Codified L § 21-5-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-4 - Foreign statute of limitations applicable.

21-5-4. Foreign statute of limitations applicable.Whenever the death of a citizen of this state has been caused by a wrongful act, neglect, or default in another state, territory, or foreign country for which a right to maintain an action and recover damages in respect thereto is given by a statute of such other state, territory, or foreign country, such right of action may be enforced in this state within the time prescribed for the commencement of such action, by the statute of such other state, territory, or foreign country. Source: SL 1909, ch 301, §2; RC 1919, §2930; SDC 1939 & Supp 1960, §37.2202.
SD Codified L § 21-5-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-5 - Relatives for whose benefit action brought--Personal representative to bring action.

21-5-5. Relatives for whose benefit action brought--Personal representative to bring action.Every action for wrongful death shall be for the exclusive benefit of the wife or husband and children, or if there be neither of them, then of the parents and next of kin of the person whose death shall be so caused; and it shall be brought in the name of the personal representative of the deceased person. Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1995, ch 167, §188.
SD Codified L § 21-5-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-6 - Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.

21-5-6. Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.Such personal representative may at any time before or after the commencement of a suit for wrongful death settle with the defendant the amount to be paid to him as damages for the wrongful death of the decedent. If such personal representative was appointed in this state and settlement is made before the commencement of a suit such settlement must have the approval of the court of the representative's appointment. If settlement is made at any time after the commencement of suit, whether before or after judgment therein, such settlement must have the consent and approval of the court wherein the action is pending; provided, however, that if the personal representative was appointed in this state he may make such settlement upon the consent and approval of either the court wherein the action is pending or the court of his appointment. If all the statutory beneficiaries are of full age and competent and consent in writing to the proposed settlement the same may be made at any time, before or after suit, without the consent of either court. Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
SD Codified L § 21-5-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-7 - Damages proportionate to pecuniary injury to beneficiaries.

21-5-7. Damages proportionate to pecuniary injury to beneficiaries.In every action for wrongful death the jury may give such damages as they may think proportionate to the pecuniary injury resulting from such death to the persons respectively for whose benefit such action shall be brought. Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
SD Codified L § 21-5-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-8 - Apportionment of damages among beneficiaries.

21-5-8. Apportionment of damages among beneficiaries.The amount received by such personal representative, whether by settlement or otherwise, shall be apportioned among the beneficiaries, unless adjusted between themselves, by the court making the appointment, in such manner as shall be fair and equitable, having reference to the age and condition of such beneficiaries. Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1984, ch 158, §2.
SD Codified L § 21-5-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 05 - Wrongful Death Actions|Section 21-5-9 - Worker's compensation law governs where applicable.

21-5-9. Worker's compensation law governs where applicable.Where applicable the law relating to worker's compensation supersedes the provisions of this chapter. Source: RC 1919, §2932; SDC 1939 & Supp 1960, §37.2204.
SD Codified L § 21-6-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 06 - Recovery Of Gambling Losses|Section 21-6-1 - Action by loser for recovery of losses--Persons liable--Limitation of actions.

21-6-1. Action by loser for recovery of losses--Persons liable--Limitation of actions.Any person who shall lose any thing of value at any game, or by betting on any game, may recover the same or the value thereof from any other person playing at the game at which such thing was lost, or from the person with whom the bet was made, or from the proprietor of the place where the game was played, in a civil action, in which such proprietor and all persons engaged in the game may be joined as parties; provided that such action shall have been commenced within six months after the date of such loss. Source: SL 1907, ch 155, §§1, 4; RC 1919, §3927; SDC 1939, §24.0103.
SD Codified L § 21-6-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 06 - Recovery Of Gambling Losses|Section 21-6-2 - Action by state's attorney for benefit of spouse, minor children or public schools.

21-6-2. Action by state's attorney for benefit of spouse, minor children or public schools.In case the losing party fails to bring an action under §21-6-1 within the time allowed by said section, it shall be the duty of the state's attorney, at any time within six years from the date of the loss, to bring action to recover such thing, or the value thereof, for the benefit of the spouse or minor children of such party, or, in case there be no spouse or minor children, for the benefit of the public schools. Source: SL 1907, ch 155, §4; RC 1919, §3927; SDC 1939, §24.0103; SL 1979, ch 149, §10.
SD Codified L § 21-7-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 07 - Actions For Waste|Section 21-7-1 - Action for waste against conservator or tenant--Treble damages and eviction from premises.

21-7-1. Action for waste against conservator or tenant--Treble damages and eviction from premises.If a conservator, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, any person aggrieved by the waste may bring an action against him, in which action there may be judgment for treble damages, forfeiture of the estate of the party offending, and eviction from the premises. Source: SDC 1939 & Supp 1960, §37.3601; SL 1993, ch 213, §97.
SD Codified L § 21-7-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 07 - Actions For Waste|Section 21-7-2 - Extent of injury or malice required to justify forfeiture and eviction.

21-7-2. Extent of injury or malice required to justify forfeiture and eviction.Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously. Source: CCivP 1877, §653; CL 1887, §5467; RCCivP 1903, §694; RC 1919, §2875; SDC 1939 & Supp 1960, §37.3602.
SD Codified L § 21-8-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-1 - Kinds of injunctive relief.

21-8-1. Kinds of injunctive relief.Relief by injunction is either temporary or permanent. Temporary injunctions may be referred to as interlocutory injunctions, and are either temporary restraining orders or preliminary injunctions. Permanent injunctions may be referred to as final injunctions. Source: CivC 1877, §2014; CL 1887, §4647; RCivC 1903, §2359; RC 1919, §2032; SDC 1939 & Supp 1960, §37.4301; SL 1978, ch 155, §5.
SD Codified L § 21-8-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-2 - Purposes for which injunction prohibited.

21-8-2. Purposes for which injunction prohibited.An injunction cannot be granted:(1)To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;(2)To stay proceedings in a court of the United States;(3)To stay proceedings in another state upon a judgment of a court of that state;(4)To prevent the execution of a public statute, by officers of the law, for public benefit;(5)To prevent the breach of a contract, the performance of which would not be specifically enforced;(6)To prevent the exercise of a public or private office in a lawful manner, by the person in possession;(7)To prevent a legislative act by a municipal corporation;(8)To enforce a penal law, except in case of nuisance or except when specifically authorized by statute;(9)To enforce a penalty or forfeiture in any case. Source: CivC 1877, §§1990, 2017; CL 1887, §§4623, 4650; RCivC 1903, §§2335, 2362; RC 1919, §§2031, 2035; SDC 1939 & Supp 1960, §37.4302; SL 1978, ch 155, §6.
SD Codified L § 21-8-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-3 - Provisional writ abolished--Temporary restraining order and preliminary injunction substituted.

21-8-3. Provisional writ abolished--Temporary restraining order and preliminary injunction substituted.The writ of injunction, as a provisional remedy, is abolished, and temporary restraining orders and preliminary injunctions by order are substituted therefor. A temporary restraining order or a preliminary injunction is obtained by order of the court. Source: CivC 1877, §2015; CCivP 1877, §188; CL 1887, §§4648, 4984; RCivC 1903, §2360; RCCivP 1903, §196; RC 1919, §§2033, 2423; SDC 1939 & Supp 1960, §§37.4301, 37.4304; SL 1978, ch 155, §7.
SD Codified L § 21-8-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-6 - Restraining order or preliminary injunction to prevent disposal of property during pendency of action.

21-8-6. Restraining order or preliminary injunction to prevent disposal of property during pendency of action.When, during the pendency of an action, it appears by affidavit that a party to the action threatens, or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary restraining order or preliminary injunction may be granted to restrain such removal or disposition. Source: CCivP 1877, §189, subdiv 3; CL 1887, §4985, subdiv 3; RCCivP 1903, §197, subdiv 3; RC 1919, §2424 (3); SDC 1939 & Supp 1960, §37.4304 (3); SL 1978, ch 155, §10.