reglab/housing_qa huggingface dataset:
SD Codified L § 43-30-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-8 - Record of affidavit of possession--Evidence of facts stated.

43-30-8. Record of affidavit of possession--Evidence of facts stated.When an affidavit has been filed and recorded as provided in §43-30-7, the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter. Source: SL 1947, ch 233, §8; SL 1951, ch 256, §8; SDC Supp 1960, §51.16B08.
SD Codified L § 43-30-8.2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-8.2 - Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.

43-30-8.2. Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.Notwithstanding the provisions of §43-30-12, an affidavit filed pursuant to §43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate register of deeds. Such recording shall be valid for ten years and may be rerecorded. This section shall only apply to a condition subsequent in a deed whereby the use or sale of alcoholic beverages, in any manner, would work a forfeiture and automatic reverter of the title of real property containing that condition subsequent to the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns; or would give rise to the right of reentry by the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns, for breach of that condition subsequent. Source: SL 1976, ch 266, §§1, 3.
SD Codified L § 43-30-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.

43-30-9. Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to such land, he shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record. Source: SL 1947, ch 233, §9; SL 1951, ch 256, §9; SDC Supp 1960, §51.16B09.
SD Codified L § 43-30-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-10 - Purpose of chapter--Construction.

43-30-10. Purpose of chapter--Construction.This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty-three years prior to the date of an affidavit of possession made and recorded as prescribed by §43-30-7, and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claim arises out of or depends upon any act, transaction, event, or omission antedating a period twenty-two years prior to the date of an affidavit made and recorded as prescribed by §43-30-7, unless a notice of such claim, as provided in §43-30-5, shall have been duly filed for record. Source: SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
SD Codified L § 43-30-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-11 - Claims barred by chapter--Definition.

43-30-11. Claims barred by chapter--Definition.The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural or corporate or private or governmental. Source: SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
SD Codified L § 43-30-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-12 - Exceptions to application of chapter.

43-30-12. Exceptions to application of chapter.This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any life estate or trust created within twenty-three years prior to the date of an affidavit made and recorded as prescribed by §43-30-7, right founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitation, or conditions subsequent in any deed. Source: SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
SD Codified L § 43-30-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-13 - Right, title, or interest of state or United States unaffected by chapter.

43-30-13. Right, title, or interest of state or United States unaffected by chapter.This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota. Source: SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
SD Codified L § 43-30-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-14 - Right, title, or interest in land owned by public utility unaffected by chapter.

43-30-14. Right, title, or interest in land owned by public utility unaffected by chapter.This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of action founded upon mortgages or trust deeds executed by any such corporations or the lessees, trustees, or receivers thereof. Source: SL 1947, ch 233, §11; SL 1951, ch 256, §11; SDC Supp 1960, §51.16B11.
SD Codified L § 43-30-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-15 - Existing statutes of limitations and recording statutes not affected by chapter.

43-30-15. Existing statutes of limitations and recording statutes not affected by chapter.Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record any instrument affecting lands. Source: SL 1947, ch 233, §8; SL 1951, ch 256, §8; SDC Supp 1960, §51.16B08.
SD Codified L § 43-30-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-16 - Railroad property conveyances to or by state exempt from plat requirements--Filing map.

43-30-16. Railroad property conveyances to or by state exempt from plat requirements--Filing map.Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights-of-way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or which are described by points of beginning and termination, railroad mileposts, railroad engineering survey station numbers, and right-of-way and track maps, are exempt from the provisions of chapter 11-3 and chapter 43-21. However, copies of right-of-way or track maps describing conveyances of railroad property to or by the South Dakota Railroad Authority, the state or any of its subdivisions, including the conveyance of linear railroad rights-of-way, or any portion thereof, shall be furnished to the director of equalization in each county wherein such conveyances shall be filed of record. Source: SL 1981, ch 309, §1.
SD Codified L § 43-30-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-17 - Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc.

43-30-17. Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc..Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of title VI of the Water Resources Development Act of 1999 (Public Law 106-53) as amended by the Water Resources Development Act of 2000 (Public Law 106-541), or any portion thereof, that is described by individual or cumulative metes and bounds descriptions or that is described by points of beginning and termination, water or contour elevations, federal engineering survey references, maps, highways, and other rights-of-way is exempt from the provisions of chapter 11-3 and chapter 43-21, provided the description contains references to the affected section, township, and range. The grantee shall furnish, if available, any copies of federal engineering survey references, maps, rights-of-way, and other documents describing conveyances of the property to or by South Dakota or any of its political subdivisions to the director of equalization in each county wherein the conveyances are filed. The exemption contained in this section does not apply to any conveyance of property title to private ownership. Source: SL 2002, ch 199, §1.
SD Codified L § 43-30A-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-1 - "Mineral interest" defined.

43-30A-1."Mineral interest" defined.In this chapter, unless context otherwise requires, the term, "mineral interest," includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, exception, reservation, or otherwise, owned by a person other than the owner of the surface estate. Source: SL 1985, ch 338, §1.
SD Codified L § 43-30A-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-2 - Abandonment by nonuse_Title vests in surface owner.

43-30A-2. Abandonment by nonuse--Title vests in surface owner.A mineral interest is abandoned if it has not been used for a period of twenty-three years or more. Title to an abandoned mineral interest vests in the owner of the surface estate in the land in, or under, which the mineral interest is located on the date of abandonment. Source: SL 1985, ch 338, §2; SL 2016, ch 215, §1.
SD Codified L § 43-30A-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-3 - Acts constituting use of interest.

43-30A-3. Acts constituting use of interest.A mineral interest is used if:(1)Minerals are produced by or with the express permission of the record owner of the mineral interest;(2)Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the production of minerals by or with the express permission of the record holder of the mineral interest;(3)For solid minerals, there is production from a common vein or seam by or with the express permission of the record owner of the mineral interest;(4)Any valid conveyance, lease, mortgage, assignment, probate distribution, termination of joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed, or any judgment or decree that makes specific reference to the record owner's mineral interest is recorded within the last twenty-three years in the office of the register of deeds for the county in which the mineral interest is located;(5)The mineral interest is subject to an agreement to pool or unitize;(6)A statement of claim is recorded in compliance with §43-30A-4; or(7)A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to §43-30-7, in the office of the register of deeds for the county in which the mineral interest is located. Source: SL 1985, ch 338, §3; SL 1987, ch 318, §1; SL 1995, ch 167, §185; SL 2013, ch 222, §1; SL 2016, ch 215, §2.
SD Codified L § 43-30A-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-4 - Statement of claim--Recording--Contents--Effect.

43-30A-4. Statement of claim--Recording--Contents--Effect.A statement of claim shall:(1)Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in §43-30A-2. A joint tenant, but not a tenant in common, may record a claim on behalf of himself and other joint tenants;(2)Contain the name and mailing address of the record owner of the mineral interest and a legal description of the land on or under which the mineral interest is located; and(3)Be recorded in the office of the register of deeds for the county in which the mineral interest is located.A mineral interest is in use on the date of recording if the recording is made within the time provided by this section. Source: SL 1985, ch 338, §4; SL 2013, ch 222, §2; SL 2016, ch 215, §3.
SD Codified L § 43-30A-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-5 - Circumstances in which failure to record statement does not cause abandonment.

43-30A-5. Circumstances in which failure to record statement does not cause abandonment.Failure to record the statement of claim within the time period provided in §43-30A-4 does not cause a mineral interest to be abandoned if the record owner of the mineral interest records a statement of claim pursuant to §43-30A-4 within sixty days after completion of the publication of the notice of lapse pursuant to §43-30A-6. Source: SL 1985, ch 338, §5; SL 2013, ch 222, §3; SL 2016, ch 215, §4.
SD Codified L § 43-30A-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-6 - Notice by surface owner--Contents--Proof of publication and mailing.

43-30A-6. Notice by surface owner--Contents--Proof of publication and mailing.In order to succeed to the ownership of an abandoned mineral interest, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral interest is located. Notice shall also be given by mailing a copy of the notice by registered or certified mail to the record owner of the mineral interest at the record owner's address of record no later than ten days after the last publication.The surface owner may rely upon the record mineral owner's last address of record in the office of county register of deeds in which the mineral interest is located. It is the record mineral owner's obligation to maintain an address of record in the office of the register of deeds in the county in which their mineral interest is located. Failure to maintain an address of record is a waiver by the record mineral owner of the requirement to mail a copy of the notice of lapse to the record mineral owner.The notice shall state the name of the record owner of the mineral interest, the legal description of the land on or under which the mineral interest involved is located, and the name of the person giving the notice.Recording a copy of the notice and an affidavit of its publication and any mailing in the office of the register of deeds for the county in which the mineral interest is located, is prima facie evidence that the notice has been properly given. Source: SL 1985, ch 338, §6; SL 2016, ch 215, §5.
SD Codified L § 43-30A-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-7 - Waiver of provisions.

43-30A-7. Waiver of provisions.The provisions of this chapter may not be waived until the expiration of the twenty-three-year period provided in §43-30A-2. Source: SL 1985, ch 338, §7.
SD Codified L § 43-30A-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-8 - Government owned interests exempt.

43-30A-8. Government owned interests exempt.This chapter does not apply to any mineral interest owned by any governmental body or agency thereof. Source: SL 1985, ch 338, §8.
SD Codified L § 43-30A-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-9 - Prospective and retrospective application.

43-30A-9. Prospective and retrospective application.This chapter is both prospective and retrospective in its application. Source: SL 1985, ch 338, §9.
SD Codified L § 43-30A-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30A - Abandoned Mineral Interests|Section 43-30A-10 - Water rights unaffected.

43-30A-10. Water rights unaffected.The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly may be provided herein, nor shall anything herein contained affect or be construed as affecting vested water rights. Source: SL 1985, ch 338, §11.
SD Codified L § 43-30B-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-1 - Petition for creation of trust.

43-30B-1. Petition for creation of trust.Any person or entity who holds an interest in a particular tract of land may petition the court in the county where the land is located to declare a trust in favor of an owner of a mineral interest in the particular tract of land if the location or identity of the owner cannot be determined. Source: SL 2013, ch 223, §1; SL 2017, ch 189, §1.
SD Codified L § 43-30B-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-2 - Required showing.

43-30B-2. Required showing.If the petitioner can demonstrate that the creation of a trust is in the best interest of the owner and that the petitioner cannot, after due diligence, locate or identify the owner, the court may create a trust, as provided for in §43-30B-1. Source: SL 2013, ch 223, §2; SL 2017, ch 189, §2.
SD Codified L § 43-30B-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-3 - Declaration of trust in favor of unlocated or unidentified mineral owner--Appointment of trustee.

43-30B-3. Declaration of trust in favor of unlocated or unidentified mineral owner--Appointment of trustee.If the court determines the petitioner meets the burdens provided for in §43-30B-2, the court shall declare a trust in favor of the unlocated or unidentified mineral owner, shall appoint the county treasurer or another person or entity as trustee of the trust, and shall authorize the trustee to execute and deliver a mineral lease, a ratification, a division order, or any other related document or instrument on such terms and conditions as the court may approve. The county treasurer may decline to act as the trustee and in such event the court shall appoint an alternate trustee. The court may issue other appropriate orders upon request of the petitioner or trustee. Source: SL 2013, ch 223, §3; SL 2017, ch 189, §3.
SD Codified L § 43-30B-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-4 - Administration of trust.

43-30B-4. Administration of trust.Except as otherwise provided in this chapter, the trustee shall administer the trust in compliance with title 55. The trustee may engage agents to assist in the administration of the trust. Trustee fees, agent fees, and any other administrative costs must be reasonable and may be paid from the trust upon approval by the court. All bonuses, rental payments, royalties, and other income shall be paid to the trustee until the trust is terminated. If the county treasurer or other county official or employee is the trustee, the trustee's fee shall be paid to the general fund of the county. A county official acting as trustee shall account for, keep, and invest the funds in the same manner as other county funds. If the bonuses, rental payments, royalties, and other income paid to the trust are not sufficient to pay trustee fees, agent fees, and any other administrative costs paid by the trustee, the petitioner shall indemnify the fund for such costs and expenses. Source: SL 2013, ch 223, §4; SL 2015, ch 222, §1; SL 2017, ch 189, §4.
SD Codified L § 43-30B-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-5 - Termination of trust--Distribution of trust moneys.

43-30B-5. Termination of trust--Distribution of trust moneys.A trust in favor of an unlocatable or unidentifiable mineral owner shall remain in force until an order of the court is entered, after such notice as may be required by the court, finding that an owner has appeared and been identified. The court shall fix the date upon which the owner is deemed to have owned the interest. The court shall determine the division of the remaining funds of the trust, provide for the payment of fees and expenses to dissolve and distribute the trust, and determine any other matters raised by the petitioner, owner, or trustee. Source: SL 2013, ch 223, §5; SL 2017, ch 189, §5.
SD Codified L § 43-30B-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners|Section 43-30B-6 - Actions not use of mineral interest under chapter 43-30A.

43-30B-6. Actions not use of mineral interest under chapter 43-30A.No act taken by or upon the permission of a trustee, petitioner, or court under this chapter shall be considered use of a mineral interest under chapter 43-30A. Source: SL 2013, ch 223, §6; SL 2017, ch 189, §6.
SD Codified L § 1-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 1-01 - Tribal lands.

1-01.Tribal lands.Any transaction affecting Indian trust land is subject to the approval of the Secretary of the Interior, or as otherwise prescribed by federal statute, and any transaction affecting Indian tribal land is subject to the consent of the tribe, or as otherwise provided by the tribe's constitution and federal statute.
SD Codified L § 2-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 2-01 - Contracts for deed--deed to vendee.

2-01.Contracts for deed--deed to vendee.Where there is a contract for deed in favor of A and later a deed is given to A and another party or parties, a title examiner should treat the deed as creating the estate as indicated in the deed.