reglab/housing_qa huggingface dataset:
SD Codified L § 44-9-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-5 - Homestead right--Lien does not affect exemption.

44-9-5. Homestead right--Lien does not affect exemption.The lien shall not extend to nor affect any rights in any homestead so far as the same is exempt from levy and sale on execution. Source: SL 1913, ch 263, §2; RC 1919, §1644; SL 1921, ch 280; SDC 1939, §39.0702.
SD Codified L § 44-9-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-6 - Contribution under contract with owner--Agreed price--Extent of lien.

44-9-6. Contribution under contract with owner--Agreed price--Extent of lien.If the contribution be made under a contract with the owner and for an agreed price, the lien as against him shall be for the sum so agreed upon together with the cost of any additional material or work agreed upon, otherwise, and in all cases as against others than the owner, it shall be for the reasonable value of the work done, and of the skill, material, and machinery furnished. Source: SL 1913, ch 263, §2; RC 1919, §1644; SL 1921, ch 280; SDC 1939, §39.0702.
SD Codified L § 44-9-6.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-6.1 - Interest on amounts secured by liens.

44-9-6.1. Interest on amounts secured by liens.The interest payable on amounts secured by mechanics' or materialmen's liens shall be at the maximum interest rate allowed in §54-3-5.1. Source: SL 1979, ch 294, §2; SL 1982, ch 28, §14.
SD Codified L § 44-9-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-7 - Attachment and taking effect of lien--Preference over other encumbrances.

44-9-7. Attachment and taking effect of lien--Preference over other encumbrances.Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lien holder had actual notice thereof. Source: SL 1913, ch 263, §4; SL 1917, ch 295, §1; RC 1919, §1646; SDC 1939, §39.0707; SL 1982, ch 301.
SD Codified L § 44-9-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-8 - Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made.

44-9-8. Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made.As against a bona fide purchaser, mortgagee, or encumbrancer without notice, however, no lien shall attach prior to the actual and visible beginning of the improvement on the ground, but a person having a contract for the furnishing of labor, skill, material, or machinery for such improvement, may file with the register of deeds of the county within which the premises are situated or of the county to which such county is attached for judicial purposes, or if claimed under subdivision 44-9-1(2), with the secretary of state, a brief statement of the nature of such contract, which statement shall be notice of his lien for the contract price or value of all contributions to such improvement thereafter made by him or at his instance. Source: SL 1913, ch 263, §4; SL 1917, ch 295, §1; RC 1919, §1646; SDC 1939, §39.0707.
SD Codified L § 44-9-9 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-9 - Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata payment.

44-9-9. Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata payment.All liens, claims for labor performed, or services or materials furnished, as provided in subdivision 44-9-1(3), shall be concurrent liens upon the property charged and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold, or upon settlement without sale. Source: SL 1879, ch 41, §5; CL 1887, §2043; RPolC 1903, §2577; SL 1909, ch 51, §5; SL 1915, ch 243, §5; RC 1919, §1635; SL 1919, ch 261; SDC 1939, §39.0710.
SD Codified L § 44-9-10 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-10 - Materials or services furnished to contractor--Lien account and notice of claim furnished to owner--Withholding of payments from contractor to protect lien claimants.

44-9-10. Materials or services furnished to contractor--Lien account and notice of claim furnished to owner--Withholding of payments from contractor to protect lien claimants.Any person furnishing any of the items for which a lien may be claimed under the provisions of §44-9-1 under a contract, either express or implied between the owner of the property or his duly authorized agent or representative, and any contractor working upon or about such property may serve upon the owner, or his duly authorized agent or representative at any time, a sworn account and notice of his claim showing the items and amounts and the dates that the same were furnished, and thereupon the owner shall withhold from his contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices. Source: SL 1879, ch 41, §2; CL 1887, §2040; RPolC 1903, §2574; SL 1909, ch 51, §2; SL 1913, ch 263, §6; SL 1915, ch 243, §2; RC 1919, §§1632, 1648; SDC 1939, §39.0703.
SD Codified L § 44-9-11 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-11 - Lien account and notice of claim--Service on owner of property--Copy furnished to contractor--Assent of contractor to claim--Payment by owner--Deduction from amount due contractor.

44-9-11. Lien account and notice of claim--Service on owner of property--Copy furnished to contractor--Assent of contractor to claim--Payment by owner--Deduction from amount due contractor.Whenever any such account and notice is served upon the owner of the property or his duly authorized agent or representative, he shall furnish his contractor with a copy of the same, and if such contractor shall not within fifteen days after the receipt of such account and notice give the owner, his agent, or representative, written notice that he intends to dispute the claim, he shall be considered as assenting thereto and such owner may pay the same to the claimant when it becomes due and deduct the amount out of any moneys due such contractor, who may in like manner deduct such amount from any moneys due from him to his subcontractor or the claimant. Source: SL 1879, ch 41, §3; CL 1887, §2041; RPolC 1903, §2575; SL 1909, ch 51, §3; SL 1913, ch 263, §6; SL 1915, ch 243, §3; RC 1919, §§1633, 1648; SDC 1939, §39.0703.
SD Codified L § 44-9-12 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-12 - Amount due from contractor to creditor--Recovery from owner.

44-9-12. Amount due from contractor to creditor--Recovery from owner.The amount which may be due from any contractor to his creditor may be recovered from said owner by the creditor of said contractor, in any action at law, to the extent and value of any balance due by the owner to his contractor under the contract with him, at the time of the notice first given as provided in §44-9-10, or subsequently, according to such contract or under the same. Source: SL 1879, ch 41, §4; CL 1887, §2042; RPolC 1903, §2576; SL 1909, ch 51, §4; SL 1915, ch 243, §4; RC 1919, §1634; SDC 1939, §39.0705.
SD Codified L § 44-9-13 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-13 - Misappropriation of funds by contractor, subcontractor, or supplier--Theft.

44-9-13. Misappropriation of funds by contractor, subcontractor, or supplier--Theft.Any contractor, subcontractor, or supplier on any improvement of real estate, mines, or public utilities within the purview of this chapter who knowingly uses more than five hundred dollars of the proceeds of any payment made to him on account of such improvement by the owner of such real estate or person having the improvement made, for any other purpose than the payment for labor, skill, materials, and machinery contributed to such improvement while any account for such labor, skill, material, or machinery furnished for such improvement up to the time of such payment remains unpaid and due and owing under the credit terms arranged, is guilty of theft of the proceeds of such payment. It is not a violation of this section to withhold funds from a contractor, subcontractor, or supplier pending the completion and final approval of his work or product. Source: SL 1917, ch 296; RC 1919, §1658; SDC 1939, §39.9901; SL 1981, ch 177, §1; SL 1983, ch 307.
SD Codified L § 44-9-14 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-14 - Demand of owner for lien accounts--Service on persons claiming liens--Owner defined.

44-9-14. Demand of owner for lien accounts--Service on persons claiming liens--Owner defined.The owner, by serving written request within fifteen days after the completion of the contract, may require any person who may have a lien under the provisions of this chapter, to furnish him an itemized and verified account of his lien claim, the amount thereof, and his name and address. No action or other proceeding shall be commenced for the enforcement of such lien until ten days after such statement is so furnished pursuant to the request of the owner.The word "owner" as used in this section shall include any person interested in the premises otherwise than as a lien holder thereunder. Source: SL 1913, ch 263, §6; RC 1919, §1648; SDC 1939, §39.0704.
SD Codified L § 44-9-15 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-15 - Lien ceases without filing of required lien statement--Place of filing of statement.

44-9-15. Lien ceases without filing of required lien statement--Place of filing of statement.The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1(2), with the secretary of state. Source: SL 1913, ch 263, §7; SL 1917, ch 295, §2; RC 1919, §1649; SDC 1939, §39.0708; SL 1961, ch 200.
SD Codified L § 44-9-16 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-16 - Lien statement by lien claimant--Verification--Contents.

44-9-16. Lien statement by lien claimant--Verification--Contents.Such statement shall be made by or at the instance of the lien claimant, shall be verified by the oath of some person shown by such verification to have knowledge of the facts stated, and shall set forth:(1)A notice of intention to claim and hold a lien, and the amount thereof;(2)That such amount is due and owing to the claimant for labor performed, or for skill, services, material, or machinery furnished, and for what improvement the same was done or supplied;(3)The names and post office addresses of the claimant, and of the person for or to whom performed or furnished;(4)The dates when the first and last items of the claimant's contribution were made;(5)A description of the property to be charged, identifying the same with reasonable certainty;(6)The name and address of the owner thereof at the time of making such statement, according to the best information then had; and(7)An itemized statement of the account upon which the lien is claimed. Source: SL 1879, ch 41, §5; CL 1887, §2043; RPolC 1903, §2577; SL 1909, ch 51, §5; SL 1913, ch 263, §7; SL 1915, ch 243, §5; SL 1917, ch 295, §2; RC 1919, §§1635, 1649; SL 1919, ch 261; SDC 1939, §39.0708.
SD Codified L § 44-9-17 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-17 - Lien statement by lien claimant--Mailing of copy to property owner condition precedent to filing--Post office receipt attached to statement.

44-9-17. Lien statement by lien claimant--Mailing of copy to property owner condition precedent to filing--Post office receipt attached to statement.Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of register of deeds. Source: SDC 1939, §39.0708 as added by SL 1967, ch 153.
SD Codified L § 44-9-18 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-18 - Lien statement by lien claimant--Duties of register of deeds--Filing in numerical order--Contents of record--Entry upon mortgage or lien index.

44-9-18. Lien statement by lien claimant--Duties of register of deeds--Filing in numerical order--Contents of record--Entry upon mortgage or lien index.The register of deeds shall file such statement or lien in numerical order and enter the same upon a register to be kept for that purpose containing the name of the owner of the property against whom the lien is claimed, date of filing, amount, description of the property affected by the lien, and a blank space for the date of release. In addition, if such lien affects the title to real property, he shall enter the same upon the mortgage or lien index described in §7-9-9. Source: SL 1879, ch 41, §5; CL 1887, §2043; RPolC 1903, §2577; SL 1909, ch 51, §5; SL 1915, ch 243, §5; SL 1917, ch 295, §2; RC 1919, §§1635, 1649; SL 1919, ch 261; SDC 1939, §39.0708.
SD Codified L § 44-9-19 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-19 - Fees for the filing, indexing or assignment of liens.

44-9-19. Fees for the filing, indexing or assignment of liens.The register of deeds shall charge a fee in accordance with subdivision 7-9-15(3) for the filing and indexing of any lien or assignment of the lien under the provisions of this chapter. However, no fee may be charged for the satisfaction of the lien. Source: SDC 1939, §39.0721; SL 1976, ch 268, §1; SL 1999, ch 33, §5.
SD Codified L § 44-9-20 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-20 - Claims against two or more buildings or improvements--Exception for condominiums--General contract with owner--Election of lien claimant.

44-9-20. Claims against two or more buildings or improvements--Exception for condominiums--General contract with owner--Election of lien claimant.Except as in the case of condominiums under the provisions of §43-15A-29, a lien holder who contributes to the erection, alteration, removal, or repair of two or more buildings or other improvements situated upon or removed to one lot, or upon or to adjoining lots, under or pursuant to the purposes of one general contract with the owner, may file one statement for his entire claim, embracing the whole area so improved. Alternatively, he may apportion his demand between or among the several improvements and shall assert a lien for a proportionate part upon each and upon the ground appurtenant to each respectively. Source: SL 1913, ch 263, §8; RC 1919, §1650; SDC 1939, §39.0709; SL 1984, ch 284, §1.
SD Codified L § 44-9-21 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-21 - Manner of satisfying liens--Execution and delivery of satisfaction to owner of property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien.

44-9-21. Manner of satisfying liens--Execution and delivery of satisfaction to owner of property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien.Whenever a lien has been claimed by filing the same in the office of the register of deeds and it is afterward satisfied by payment, foreclosure, compromise, or other method, the creditor shall execute and deliver to the owner of the property a satisfaction describing the lien by its date, date of filing, amount claimed, description of the property, and the names of the lien claimants and owner of the property. Such satisfaction shall be executed before two witnesses or acknowledged before a notary public, and upon presentation to the register of deeds, he shall file the same and cancel the said lien of record. Source: CCivP 1877, §670; SL 1879, ch 41, §7; CL 1887, §§2045, 5484; RPolC 1903, §2579; RCCivP 1903, §711; SL 1909, ch 51, §9; SL 1915, ch 243, §9; RC 1919, §§1639, 1659; SDC 1939, §39.0711.
SD Codified L § 44-9-22 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-22 - Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty.

44-9-22. Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty.If any holder of a lien under the provisions of this chapter shall neglect to execute and deliver such satisfaction within ten days after written demand therefor by the owner of the property or any person interested therein, when such lien has in fact been satisfied as provided in §44-9-21, he shall be liable to the person demanding such satisfaction for all damages, costs, and expenses, including attorney's fees, and an additional penalty of one hundred dollars. Source: CCivP 1877, §670; SL 1879, ch 41, §7; CL 1887, §§2045, 5484; RPolC 1903, §2579; RCCivP 1903, §711; SL 1909, ch 51, §9; SL 1915, ch 243, §9; RC 1919, §§1639, 1659; SDC 1939, §39.0711.
SD Codified L § 44-9-23 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-23 - Enforcement of lien--Venue of action--Commencement and conduct of proceedings.

44-9-23. Enforcement of lien--Venue of action--Commencement and conduct of proceedings.The lien may be enforced by action in the circuit court of the county in which the improved premises or some part thereof are situated, or of the county to which such county is attached for judicial purposes, or, if claimed under subdivision 44-9-1(2), of any county through or into which said railway or other line extends, which action shall be begun and conducted in the same manner as actions for the foreclosure of mortgages upon real estate, except as herein otherwise provided. Source: SL 1913, ch 263, §9; RC 1919, §1651; SDC 1939, §39.0712.
SD Codified L § 44-9-24 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-24 - Six-year limitation to enforce lien--Cancellation of expired lien.

44-9-24. Six-year limitation to enforce lien--Cancellation of expired lien.No lien may be enforced in any case unless the holder of the lien asserts the lien, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement. No person is bound by the judgment in the action unless the person is made a party to the action within the six-year period.If no action or suit has been commenced to enforce the lien during the six-year period, the owner of the property, the owner's agent, or contractor may file an affidavit with the register of deeds stating that the lien holder has not commenced suit to enforce the lien within the six-year period and requesting that the lien be cancelled. The register of deeds shall cancel the lien of record within thirty days of the filing of the affidavit. Source: SL 1913, ch 263, §11; SL 1917, ch 295, §4; RC 1919, §1653; SDC 1939, §39.0715; SL 2014, ch 212, §1.
SD Codified L § 44-9-25 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-25 - Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs.

44-9-25. Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs.The action to foreclose the lien may be commenced by any lien holder who has filed his lien statement as required in this chapter, and all other such lien holders who are not joined with him as plaintiffs shall be made defendants. Any such lien holder not named as a defendant may nevertheless answer the complaint and be admitted as a party. All parties having liens under this chapter may join as plaintiffs, if they so desire, prior to the commencement of any action by a single lien holder. Source: SL 1909, ch 51, §7; SL 1913, ch 263, §11; SL 1915, ch 243, §7; SL 1917, ch 295, §4; RC 1919, §§1637, 1653; SDC 1939, §39.0713.
SD Codified L § 44-9-26 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-26 - Forfeiture of lien for failure to commence suit upon demand--Cancellation by register of deeds.

44-9-26. Forfeiture of lien for failure to commence suit upon demand--Cancellation by register of deeds.Upon written demand by the owner, the owner's agent, or contractor, served on any person holding a lien, requiring the person to commence suit to enforce the lien, the person shall commence suit within thirty days after such service or the lien is forfeited. The register of deeds shall cancel the lien of record, if the owner, the owner's agent, or contractor files no sooner than the fortieth day following service of the written demand:(1)An affidavit stating that the person holding the lien has not commenced suit to enforce the lien within thirty days after the service of the written demand;(2)A copy of the written demand that was served on the person holding the lien; and(3)Proof of service on the person holding the lien. Source: SL 1913, ch 263, §11; SL 1917, ch 295, §4; RC 1919, §1653; SDC 1939, §39.0713; SL 2007, ch 254, §1.
SD Codified L § 44-9-27 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-27 - Action to enforce lien--Commencement--Issuance of summons--Filing of complaint.

44-9-27. Action to enforce lien--Commencement--Issuance of summons--Filing of complaint.The action shall be commenced by issue of a summons and filing complaint in the office of the clerk of courts. Source: SDC 1939, §39.0716.
SD Codified L § 44-9-28 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-28 - Notice of pendency of action to enforce lien--Necessity for filing--Intervention of other lien claimants.

44-9-28. Notice of pendency of action to enforce lien--Necessity for filing--Intervention of other lien claimants.At the beginning of the action the plaintiff shall file for record with the register of deeds of the county in which the action is pending and of the several counties into which the utility extends, if the lien is claimed under subdivision §44-9-1(2), a notice of the pendency thereof. After such filing no other action shall be commenced for the enforcement of any lien arising from the improvement described, but all such lien claimants shall intervene in the original action by answer as provided in §44-9-25. Source: SL 1913, ch 263, §11; SL 1917, ch 295, §4; RC 1919, §1653; SDC 1939, §39.0714.