reglab/housing_qa huggingface dataset:
SD Codified L § 44-9-29 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-29 - Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim.

44-9-29. Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim.Upon the application of the plaintiff, or anyone claiming an interest in the property, the court may make an order requiring all persons claiming any interest in the property or lien thereon to appear in the action, either by complaint in intervention or by answer, and to set up whatever rights, claims, or interests they may have in and to the property involved in the action, within a time to be fixed by the court in its order, which shall not be less than sixty days after the first publication of the same. The order shall be published in a legal newspaper of the county once each week for at least four weeks, and if within the time specified in said order, any party shall not appear and assert his claim by proper pleading, he shall be forever barred from claiming any right, lien, or interest against the property, and judgment shall be entered in favor only of those who appear and establish their liens, claims or interests. Source: SL 1909, ch 51, §7; SL 1915, ch 243, §7; RC 1919, §1637; SDC 1939, §39.0713.
SD Codified L § 44-9-30 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-30 - Consolidations of actions for foreclosure of liens upon same property--Order of court--Rights of parties protected.

44-9-30. Consolidations of actions for foreclosure of liens upon same property--Order of court--Rights of parties protected.If more than one action shall be commenced in good faith for foreclosure of liens upon the same property, all shall be consolidated and tried as one, under such order of the court as may best protect the rights of all parties concerned. Source: SL 1913, ch 263, §11; SL 1917, ch 295, §4; RC 1919, §1653; SDC 1939, §39.0713.
SD Codified L § 44-9-31 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-31 - Pleadings in action to foreclose lien--Bill of particulars to be attached, verification--Further account may be required by court--Pleading stricken and claim disallowed for failure to file particulars.

44-9-31. Pleadings in action to foreclose lien--Bill of particulars to be attached, verification--Further account may be required by court--Pleading stricken and claim disallowed for failure to file particulars.Each lien holder shall attach to and file with his complaint or answer a bill of the items of his claim, verified by the oath of some person having knowledge thereof, and shall file such further and more particular account, as the court may at any time direct. Upon his failure to file such original or further bill, his pleading shall be stricken out and his claim disallowed. Source: SL 1913, ch 263, §12; RC 1919, §1654; SDC 1939, §39.0716.
SD Codified L § 44-9-32 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-32 - Pleadings in action to foreclose lien--Denial of averments of answer.

44-9-32. Pleadings in action to foreclose lien--Denial of averments of answer.All averments of the answer shall be deemed denied without further pleading. Source: SL 1913, ch 263, §10; SL 1917, ch 295, §3; RC 1919, §1652; SDC 1939, §39.0716.
SD Codified L § 44-9-33 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-33 - Foreclosure of liens--Applicability of laws governing civil procedure--Exception.

44-9-33. Foreclosure of liens--Applicability of laws governing civil procedure--Exception.All provisions of Title 15 shall be applicable to foreclosure actions under this chapter, except where a different intention plainly appears from the provisions of this chapter. Source: SDC 1939, §39.0716.
SD Codified L § 44-9-34 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-34 - Foreclosure of liens--Appointment of receiver on request of majority of lien holders, parties to action.

44-9-34. Foreclosure of liens--Appointment of receiver on request of majority of lien holders, parties to action.Whenever action has been commenced for the foreclosure of liens, under this chapter, and a majority of the lien holders, parties to such action, shall by motion request the appointment of a receiver, the court may appoint a receiver to take possession of all the property covered by such liens and to take care of and preserve the same. Source: SL 1909, ch 51, §8; SL 1915, ch 243, §8; RC 1919, §1638; SDC 1939, §39.0717.
SD Codified L § 44-9-35 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-35 - Foreclosure of liens involving public utility--Receivership created instead of directing sale of property.

44-9-35. Foreclosure of liens involving public utility--Receivership created instead of directing sale of property.In all cases of liens arising under the provisions of subdivision §44-9-1(2) a receivership may be created in the first instance instead of directing a sale of the property. Source: SL 1913, ch 263, §15; RC 1919, §1657; SDC 1939, §39.0717.
SD Codified L § 44-9-36 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-36 - Receiver appointed in foreclosure proceeding--Issuance of certificates for charges necessary to protect property as provided in judgment.

44-9-36. Receiver appointed in foreclosure proceeding--Issuance of certificates for charges necessary to protect property as provided in judgment.The court may authorize such receiver to issue receiver's certificates to persons furnishing services, supplies, or equipment only to the extent necessary for preservation of such property, and for taxes, insurance, and similar charges necessary to protection of the property. Such certificates may be made prior and preferred claims to all other liens of every kind and character, except court costs and expenses of sale, if such priority and preference shall be deemed necessary by the court for proper preservation and care of the property. The provision for such receiver's certificates may be made in the judgment of foreclosure or in any intermediate judgment or supplemental judgment. Source: SL 1909, ch 51, §8; SL 1915, ch 243, §8; RC 1919, §1638; SDC 1939, §39.0717.
SD Codified L § 44-9-37 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-37 - Compensation of receiver fixed by court.

44-9-37. Compensation of receiver fixed by court.The compensation of the receiver shall be fixed at a reasonable daily rate by order of the court for each day that the receiver is actually engaged in the performance of his duties. Source: SL 1909, ch 51, §8; SL 1915, ch 243, §8; RC 1919, §1638; SDC 1939, §39.0717; SL 1979, ch 294, §1.
SD Codified L § 44-9-38 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-38 - General power of court to appoint receiver not abridged.

44-9-38. General power of court to appoint receiver not abridged.Nothing in §§44-9-34 to 44-9-37, inclusive, shall abridge the power of the court otherwise to appoint a receiver under the provisions of chapter 21-21. Source: SDC 1939, §39.0717.
SD Codified L § 44-9-40 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-40 - Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property.

44-9-40. Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property.Judgment shall be given in favor of each lien holder for the amount demanded and proved by him, with costs and disbursements to be fixed by the court at the trial, and such amount shall not be included in the lien of any other party. Source: SL 1913, ch 263, §13; RC 1919, §1655; SDC 1939, §39.0718.
SD Codified L § 44-9-41 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-41 - Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien statement and account.

44-9-41. Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien statement and account.The clerk of the courts shall tax the same costs as are allowed in foreclosures of real estate mortgages.The lien claimant shall be entitled to tax as costs, in addition to all other costs allowed by law, the sum of five dollars for the preparation of the lien statement and account for filing with the register of deeds. Source: SL 1909, ch 51, §10; SL 1915, ch 243, §10; RC 1919, §1640; SDC 1939, §39.0721.
SD Codified L § 44-9-42 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-42 - Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception.

44-9-42. Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception.The court shall have authority in its discretion to allow such attorney's fees and receiver's fees and other expenses as to it may seem warranted and necessary according to the circumstances of each case, and except as otherwise specifically provided in this chapter. Source: SDC 1939, §39.0721.
SD Codified L § 44-9-43 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-43 - Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid.

44-9-43. Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid.If, after judgment, a lien holder who is personally indebted for the amount of any lien so adjudged in favor of another shall pay such indebtedness, he shall thereby become subrogated to the rights of the person so paid. Source: SL 1913, ch 263, §13; RC 1919, §1655; SDC 1939, §39.0718.
SD Codified L § 44-9-44 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-44 - Judgment of sale to satisfy all liens--Manner of sale--Rights of persons which are paramount to liens--Proceeds of sale, distribution by officer making sale.

44-9-44. Judgment of sale to satisfy all liens--Manner of sale--Rights of persons which are paramount to liens--Proceeds of sale, distribution by officer making sale.The judgment shall direct a sale of the real estate or other property for the satisfaction of all liens charged thereon, and the manner of such sale, subject to the rights of all persons which are paramount to such liens or any of them. It shall require the officer making such sale to pay over and distribute the proceeds of the sale, after deducting all lawful charges and expenses, to and among the lienors to the amount of their respective claims, if there is sufficient therefor; and if there is not sufficient then to divide and distribute the same among the several lienors in proportion to the amount due to each, and without priority among themselves. Source: SL 1913, ch 263, §14; RC 1919, §1656; SDC 1939, §39.0720.
SD Codified L § 44-9-45 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-45 - Judgment of sale to satisfy all liens--Right of redemption--Leasehold having not more than two years to run--Interest of vendee under executory contract of sale.

44-9-45. Judgment of sale to satisfy all liens--Right of redemption--Leasehold having not more than two years to run--Interest of vendee under executory contract of sale.If the estate sold be a leasehold having not more than two years to run, or be the interest of a vendee under an executory contract of sale the conditions whereof are to be performed within the same period, no redemption shall be allowed; in all other cases the right of redemption shall be the same as upon execution sales. Source: SL 1913, ch 263, §14; RC 1919, §1656; SDC 1939, §39.0720.
SD Codified L § 44-9-46 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-46 - Sale of improvements to satisfy all liens--Severance and removal from land.

44-9-46. Sale of improvements to satisfy all liens--Severance and removal from land.If, without material injury to the building or other improvement to which the lien holder has contributed, the same can be severed and removed from the land, the judgment, in the discretion of the court, may direct the sale of such improvement, with the privilege to the purchaser of removing the same at any time within sixty days, unless before such removal the owner or other persons interested in the land shall pay to the sheriff, for the purchaser, the amount realized from the sale, with interest and all expenses incurred toward such removal. Source: SL 1913, ch 263, §15; RC 1919, §1657; SDC 1939, §39.0719.
SD Codified L § 44-9-47 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-47 - Judgment and sale to satisfy all liens--Necessity for report to and confirmation by court.

44-9-47. Judgment and sale to satisfy all liens--Necessity for report to and confirmation by court.No sale shall be deemed complete until reported to and confirmed by the court. Source: SL 1913, ch 263, §14; RC 1919, §1656; SDC 1939, §39.0720.
SD Codified L § 44-9-48 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-48 - Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver to handle property.

44-9-48. Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver to handle property.If in any case the sale be not confirmed, the court may direct a resale, or if deemed best may appoint a receiver to lease or otherwise handle the property under its direction, in the interests of all persons concerned. Source: SDC 1939, §39.0720.
SD Codified L § 44-9-49 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-49 - Failure to comply with chapter does not affect right of person to recover, in civil action, from party with whom he contracted.

44-9-49. Failure to comply with chapter does not affect right of person to recover, in civil action, from party with whom he contracted.No failure to comply with any of the provisions of this chapter shall affect the right of any person to recover, in an ordinary civil action, from the party with whom he has contracted. Source: SL 1913, ch 263, §12; RC 1919, §1654; SDC 1939, §39.0716.
SD Codified L § 44-9-50 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-50 - Notice of project commencement--Time of filing--Fees--Register of deeds to maintain index.

44-9-50. Notice of project commencement--Time of filing--Fees--Register of deeds to maintain index.Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement. The notice of project commencement shall contain the following information:(1)The name and address of the person filing the notice of project commencement;(2)The name and address of the owner or developer;(3)A general description of the improvement; and(4)The location of the project, including the legal description of the property.The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee as provided in subdivision 7-9-15(3). The register of deeds in each county shall maintain an index of all notices of project commencements. Source: SL 1999, ch 217, §1; SL 2012, ch 51, §5.
SD Codified L § 44-9-51 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-51 - Contractor's name and address and location notice to be posted--Contents of location notice.

44-9-51. Contractor's name and address and location notice to be posted--Contents of location notice.Any person filing a notice of project commencement shall post the name and address of the contractor and location notice at the job site. The location notice shall contain the following statement: The contractor on this project has filed a notice of project commencement at the county courthouse. Any sub-subcontractor and any supplier to a subcontractor shall comply with the notice provisions of §44-9-53 before filing liens in connection with this project. Source: SL 1999, ch 217, §2.
SD Codified L § 44-9-52 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-52 - Notice of project commencement does not affect title, liens allowable, or mortgage.

44-9-52. Notice of project commencement does not affect title, liens allowable, or mortgage.The filing of a notice of project commencement does not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor does it alter the aggregate amounts of liens allowable by applicable statute, nor does it affect the priority of any mortgage or future advances under any mortgage. Source: SL 1999, ch 217, §3.
SD Codified L § 44-9-53 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-53 - Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption.

44-9-53. Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption.If the provisions of §§44-9-50 and 44-9-51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to §44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record. Notice pursuant to this section shall be made not later than sixty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds. Such notice of furnishing labor or materials shall include:(1)The name of the sub-subcontractor or supplier who claims payment;(2)The name of the person with whom the claimant contracted or by whom the claimant was employed;(3)A description of the labor, services, or materials furnished and the contract price or value thereof. Materials specifically fabricated by a person other than the one giving notice and contract price or value thereof shall be separately stated in the notice;(4)A description of the project, sufficient for identification;(5)The date when the first and last item of labor or materials was actually furnished or scheduled to be furnished; and(6)The amount claimed to be due, if any.Any person who gives notice in accordance with this section may extend a lien as provided in §44-9-15.This section does not apply to claims of individual laborers when the amount of their lien is less than two thousand dollars. Source: SL 1999, ch 217, §4.
SD Codified L § 44-9A-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09A - Construction Lien Waiver Agreements|Section 44-9A-1 - Liens subject to waiver under chapter.

44-9A-1. Liens subject to waiver under chapter.Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided in this chapter in addition to all other means presently existing under law by which such liens may be waived. Source: SL 1971, ch 250, §1.
SD Codified L § 44-9A-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09A - Construction Lien Waiver Agreements|Section 44-9A-2 - Joint check and separate agreement of waiver required.

44-9A-2. Joint check and separate agreement of waiver required.Any lien to which a person or corporation furnishing materials, supplies, equipment, and services to a contractor or subcontractor would otherwise be entitled under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be waived to the extent provided in this chapter by such person or corporation by the endorsement of a joint check wherein the payees include the contractor or subcontractor and the person or corporation furnishing materials, supplies, equipment, and services and by the execution of a separate agreement of waiver between the maker of the joint check and such person or corporation. Source: SL 1971, ch 250, §2.
SD Codified L § 44-9A-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09A - Construction Lien Waiver Agreements|Section 44-9A-3 - Provisions to be entered on reverse of joint check for waiver.

44-9A-3. Provisions to be entered on reverse of joint check for waiver.A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to the contractor or subcontractor. Such provision must be conspicuous and mention that the payees, by their endorsements and in consideration of the payment represented by the joint check, jointly and severally waive all claims to which they might be entitled under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of South Dakota for all materials, supplies, equipment, and services supplied under a clearly identified contract to the extent of and of the date of the joint check. Source: SL 1971, ch 250, §3.
SD Codified L § 44-9A-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09A - Construction Lien Waiver Agreements|Section 44-9A-4 - Endorsement of joint check and execution of agreement as express waiver.

44-9A-4. Endorsement of joint check and execution of agreement as express waiver.The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all rights and claims under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of this state against the owner or contractor and his surety to the extent of, and as of the date of, the joint check endorsed. Source: SL 1971, ch 250, §4.
SD Codified L § 44-9A-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09A - Construction Lien Waiver Agreements|Section 44-9A-5 - Release of joint check proceeds at peril of supplier.

44-9A-5. Release of joint check proceeds at peril of supplier.It shall be of no consequence under this chapter if the payment or any part thereof in such joint check is released to the contractor or subcontractor by another payee. Release of such funds is at the peril of the person or corporation furnishing materials, supplies, equipment, and services to the contractor or subcontractor. Source: SL 1971, ch 250, §4.