reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-25 - Cessation of duties of gratuitous depository.

43-39-25. Cessation of duties of gratuitous depository.
The duties of a gratuitous depository cease:
(1)Upon his restoring the thing deposited to its owner; or
(2)Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depository under subdivision 43-39-3(2) cannot give such notice until the emergency that gave rise to the deposit is past.
Source:
CivC 1877, §1056; CL 1887, §3680; RCivC 1903, §1375; RC 1919, §992; SDC 1939, §60.0102 (16).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-26 - Rate of compensation for fractional part of week or month.

43-39-26. Rate of compensation for fractional part of week or month.
In the absence of a different agreement or usage, a depository for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month's hire for the storage of any property during any fraction of a half month.
Source:
CivC 1877, §1059; CL 1887, §3683; RCivC 1903, §1378; RC 1919, §995; SDC 1939, §60.0102 (18).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-27 - Indemnification of depository by depositor.

43-39-27. Indemnification of depository by depositor.
A depositor must indemnify the depository:
(1)For all damage caused to him by the defects or vices of the thing deposited; and
(2)For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.
Source:
CivC 1877, §1045; CL 1887, §3669; RCivC 1903, §1364; RC 1919, §981; SDC 1939, §60.0102 (7).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-28 - Rights of parties to terminate deposit.

43-39-28. Rights of parties to terminate deposit.
In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depository upon reasonable notice.
Source:
CivC 1877, §1060; CL 1887, §3684; RCivC 1903, §1379; RC 1919, §996; SDC 1939, §60.0102 (19).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-29 - Termination of deposit--Payment of charges to become due.

43-39-29. Termination of deposit--Payment of charges to become due.
Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depository in case of the deposit so continuing.
Source:
CivC 1877, §1061; CL 1887, §3685; RCivC 1903, §1380; RC 1919, §997; SDC 1939, §60.0102 (20).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-1 - Liability of innkeeper or hotel keeper for loss of or injury to property of guest.

43-40-1. Liability of innkeeper or hotel keeper for loss of or injury to property of guest.
No innkeeper or hotel keeper, whether individual, partnership, or corporation, who constantly has in the inn or hotel a metal safe or suitable vault in good order and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in each guest room, is liable for the loss or injury suffered by any guest, unless the guest offered to deliver any valuable property to the innkeeper or hotel keeper for custody in the metal safe or vault, and the innkeeper or hotel keeper omitted or refused to take it and deposit it in the safe or vault for custody and to give the guest a receipt. However, the keeper of any inn or hotel is not obliged to receive from any one guest for deposit in the safe or vault any property exceeding a total value of three hundred dollars, and is not liable for any excess of such property, whether received or not.
Source:
CivC 1877, §1063; CL 1887, §3687; RCivC 1903, §1383; SL 1913, ch 237, §1; RC 1919, §998; SDC 1939, §60.0701; SL 1995, ch 248.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-2 - Special arrangement between innkeeper or hotel keeper and guest for safe deposit of property.

43-40-2. Special arrangement between innkeeper or hotel keeper and guest for safe deposit of property.
Any such innkeeper or hotel keeper may by special arrangement with a guest receive for deposit in such safe or vault any property upon such terms as they may agree to in writing, but every innkeeper or hotel keeper shall be liable for any loss of the above enumerated articles of a guest in his inn or hotel after said articles have been accepted for deposit if caused by the theft or negligence of the innkeeper, hotel keeper, or any of his servants.
Source:
SL 1913, ch 237, §2; RC 1919, §999; SDC 1939, §60.0702.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-3 - Guest's receipt for property delivered for safekeeping.

43-40-3. Guest's receipt for property delivered for safekeeping.
It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of such hotel, or to his servants, any baggage or other articles of property of such guest for safekeeping, elsewhere than to the room assigned to such guest, to demand, and of such hotel proprietor to give, a check or receipt therefor in such case, to evidence the fact of such delivery.
Source:
SL 1913, ch 237, §3; RC 1919, §1000; SDC 1939, §60.0703.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-4 - Exemption of hotel proprietor from liability for property of guest.

43-40-4. Exemption of hotel proprietor from liability for property of guest.
No hotel proprietor shall be liable for the loss of or injury to such baggage or other articles of property of his guest, unless the same shall have been actually delivered by such guest to such hotel proprietor or to his servants for safekeeping, or unless such loss or injury shall have occurred through the negligence of such hotel proprietor, or by his servants or employees in such hotel.
Source:
SL 1913, ch 237, §3; RC 1919, §1000; SDC 1939, §60.0703.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-5 - Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotel keeper--Limitation as to amount--Exceptions.

43-40-5. Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotel keeper--Limitation as to amount--Exceptions.
The liability of the keeper of any inn or hotel, whether individual, partnership, limited liability company, or corporation, for loss of or injury to personal property placed by any guest under the keeper's care, other than that described in §§43-40-1 to 43-40-4, inclusive, is that of a depository for hire, except that if the loss or injury is caused by fire not intentionally produced by the innkeeper or the innkeeper's servants, the innkeeper is not liable. In no case may the liability exceed the sum of one hundred fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle, or package, and contents, so placed under the innkeeper's care, and all other miscellaneous effects, including wearing apparel and personal belongings, fifty dollars, unless the innkeeper has consented in writing with the guest to assume a greater liability.
Source:
SL 1913, ch 237, §4; RC 1919, §1001; SDC 1939, §60.0704; SL 1994, ch 351, §169.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 40 - Safeguarding Of Property In Hotels › Section 43-40-6 - Guest leaving property at inn or hotel after departure or before arrival--Held at owner's risk.

43-40-6. Guest leaving property at inn or hotel after departure or before arrival--Held at owner's risk.
Whenever any person shall suffer his baggage or property to remain in any inn or hotel, after leaving the same as a guest, and after the relation of innkeeper and guest between such guest and the proprietor of such inn or hotel has ceased, or shall forward the same to such inn or hotel before becoming a guest thereof and the same shall be received into such inn or hotel, such innkeeper may at his option hold such baggage or property at the risk of such owner.
Source:
SL 1913, ch 237, §4; RC 1919, §1001; SDC 1939, §60.0704.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-1 - Obligation of finder of lost thing.

43-41-1. Obligation of finder of lost thing.
One who finds a thing lost is not bound to take charge of it; but if he does so, he is thenceforward a depository for the owner, with the rights and obligations of a depository for hire.
Source:
CivC 1877, §1064; CL 1887, §3688; RCivC 1903, §1384; RC 1919, §1007; SDC 1939, §60.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-2 - Duty of person finding lost personal property other than domestic animal--Advertisement and appraisement.

43-41-2. Duty of person finding lost personal property other than domestic animal--Advertisement and appraisement.
Whenever any person finds any lost personal property, other than a domestic animal, under circumstances which give him knowledge or means of inquiry as to the true owner, he shall forthwith make all reasonable efforts to ascertain and notify such owner; and when such efforts do not result in the discovery of the true owner or when the circumstances do not give him such knowledge or means of inquiry, he shall cause such lost personal property to be advertised, appraised, and otherwise dealt with as provided in chapter 40-29 in the case of an estray.
Source:
PolC 1877, ch 34, §§17, 21; CL 1887, §§2306, 2310; RPolC 1903, §§2972, 2976; RC 1919, §8180; SDC 1939, §40.1401.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-3 - Finder to notify owner.

43-41-3. Finder to notify owner.
If the finder of a thing knows or suspects who is the owner, he must, with reasonable diligence, give such owner notice of the finding; and if such finder fails to do so he is liable in damages to the owner, and has no claim to any reward offered by such owner for the recovery of the thing, or to any compensation for trouble or expenses.
Source:
CivC 1877, §1065; CL 1887, §3689; RCivC 1903, §1385; RC 1919, §1008; SDC 1939, §60.0202.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-4 - Finder may put thing found in storage.

43-41-4. Finder may put thing found in storage.
The finder of a thing may exonerate himself from liability at any time by placing it in storage with any responsible person of good character, at a reasonable expense.
Source:
CivC 1877, §1068; CL 1887, §3692; RCivC 1903, §1388; RC 1919, §1011; SDC 1939, §60.0205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-5 - Claimant to prove ownership.

43-41-5. Claimant to prove ownership.
The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.
Source:
CivC 1877, §1066; CL 1887, §3690; RCivC 1903, §1386; RC 1919, §1009; SDC 1939, §60.0203.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-6 - Compensation of finder--Necessary expenses--Preservation of lost thing--Reward for keeping.

43-41-6. Compensation of finder--Necessary expenses--Preservation of lost thing--Reward for keeping.
The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.
Source:
CivC 1877, §1067; CL 1887, §3691; RCivC 1903, §1387; RC 1919, §1010; SDC 1939, §60.0204.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-7 - Surrender of thing to finder.

43-41-7. Surrender of thing to finder.
The owner of a thing found may exonerate himself from the claims of the finder by surrendering it to him in satisfaction thereof.
Source:
CivC 1877, §1071; CL 1887, §3695; RCivC 1903, §1391; RC 1919, §1014; SDC 1939, §60.0208.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-8 - Sale by finder of thing found.

43-41-8. Sale by finder of thing found.
The finder of a thing may sell it if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found; or being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:
(1)When the thing is in danger of perishing or of losing the greater part of its value; or
(2)When the lawful charges of the finder amount to two-thirds of its value.
Source:
CivC 1877, §1069; CL 1887, §3693; RCivC 1903, §1389; RC 1919, §1012; SDC 1939, §60.0206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-9 - Manner of selling thing found by finder.

43-41-9. Manner of selling thing found by finder.
A sale under the provisions of §43-41-8 must be made in the same manner as the sale of a thing pledged.
Source:
CivC 1877, §1070; CL 1887, §3694; RCivC 1903, §1390; RC 1919, §1013; SDC 1939, §60.0207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-10 - Thing intentionally abandoned--Provisions of chapter inapplicable.

43-41-10. Thing intentionally abandoned--Provisions of chapter inapplicable.
The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.
Source:
CivC 1877, §1072; CL 1887, §3696; RCivC 1903, §1392; RC 1919, §1015; SDC 1939, §60.0209.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41 - Lost And Found Property › Section 43-41-11 - Disposition of certain abandoned, lost or confiscated bicycles.

43-41-11. Disposition of certain abandoned, lost or confiscated bicycles.
If any abandoned, lost, or confiscated bicycle is under the control or care of or has been placed in storage by any local government agency or law enforcement agency and if more than ninety days have passed since the bicycle first came in the possession of the local government agency or law enforcement agency, the bicycle may be donated to a charitable organization, veterans organization, or benevolent organization that is nonprofit and recognized as tax-exempt under section 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue Code of 1986 as amended to January 1, 2000, for distribution to the public based on need in a manner to be determined by the charitable, veterans, or benevolent organization.
Source:
SL 2000, ch 214, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-2 - Property presumed abandoned--General rule.

43-41B-2. Property presumed abandoned--General rule.
(a) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.
(b) Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.
Source:
SL 1992, ch 312, §2; SL 2012, ch 209, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-3 - General rules for taking custody of intangible unclaimed property.

43-41B-3. General rules for taking custody of intangible unclaimed property.
Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under §§43-41B-2 and 43-41B-5 to 43-41B-17, inclusive, are satisfied and:
(1)The last known address, as shown on the records of the holder, of the apparent owner is in this state;
(2)The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3)The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(i)The last known address of the person entitled to the property is in this state;
(ii)The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property; or
(iii)The holder originating or issuing the intangible property is incorporated, organized, created or constructively located in this state;
(4)The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;
(5)The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or
(6)The transaction out of which the property arose occurred in this state, and
(i)(A)The last known address of the apparent owner or other person entitled to the property is unknown; or
(B)The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
(ii)The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
Source:
SL 1992, ch 312, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-4 - Travelers checks and money orders.

43-41B-4. Travelers checks and money orders.
(a) Any sum payable on a travelers check that has been outstanding for more than fifteen years after its issuance is presumed abandoned unless the owner, within fifteen years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(b) Any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than three years after its issuance is presumed abandoned unless the owner, within three years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(c) A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose a charge and the issuer regularly imposes such charges and does not regularly reverse or otherwise cancel them.
(d) No sum payable on a travelers check, money order, or similar written instrument, other than a third-party bank check, as described in subsections (a) and (b), may be subjected to the custody of this state as unclaimed property unless:
(1)The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this state;
(2)The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the travelers check, money order, or similar written instrument was purchased; or
(3)The issuer has its principal place of business in this state, the records of the issuer show the state in which the travelers check, money order, or similar written instrument was purchased and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
(e) Notwithstanding any other provisions of this chapter, subsection (d) applies to sums payable on travelers checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state.
Source:
SL 1992, ch 312, §4; SL 1993, ch 326, §1; SL 2012, ch 209, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-5 - Checks, drafts and similar instruments issued or certified by banking and financial organizations.

43-41B-5. Checks, drafts and similar instruments issued or certified by banking and financial organizations.
(a) Any sum payable on a check, draft, or similar instrument, except those subject to §43-41B-4, on which a banking or financial organization is directly liable, including a cashier's check and a certified check, which has been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within three years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee thereof.
(b) A holder may not deduct from the amount of any instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge, and the holder regularly imposes such charges and does not regularly reverse or otherwise cancel them.
Source:
SL 1992, ch 312, §5; SL 2012, ch 209, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-8 - Deposits held by utilities.

43-41B-8. Deposits held by utilities.
Any deposit, including any interest thereon, made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, is presumed abandoned if it has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than one year after the termination of the services for which the deposit or advance payment was made.
Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, is presumed abandoned if it has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than one year after the date it became payable in accordance to the final determination or order providing for the refund.
Source:
SL 1992, ch 312, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-9 - Refunds held by business associations.

43-41B-9. Refunds held by business associations.
Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than one year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
Source:
SL 1992, ch 312, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-10 - Stock and other intangible interests in business associations.

43-41B-10. Stock and other intangible interests in business associations.
(a) Except as provided in subsections (b) and (e), stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution, or other sum payable as a result of the interest has remained unclaimed by the owner for three years and the owner within three years has not:
(1)Communicated in writing with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or
(2)Otherwise communicated with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.
(b) At the expiration of a three-year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least three dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner. If three dividends, distributions, or other sums are paid during the three-year period, the period leading to a presumption of abandonment commences on the date payment of the first such unclaimed dividend, distribution, or other sum became due and payable. If three dividends, distributions, or other sums are not paid during the presumptive period, the period continues to run until there have been three dividends, distributions, or other sums that have not been claimed by the owner.
(c) The running of the three-year period of abandonment ceases immediately upon the occurrence of a communication referred to in subsection (a). If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable.
(d) At the time an interest is presumed abandoned under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned.
(e) This chapter does apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest if the records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within three years communicated in any manner described in subsection (a).
Source:
SL 1992, ch 312, §10; SL 2012, ch 209, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-11 - Property of business associations held in course of dissolution.

43-41B-11. Property of business associations held in course of dissolution.
Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than one year after the date specified for final distribution is presumed abandoned.
Source:
SL 1992, ch 312, §11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-13 - Property held by agents and fiduciaries.

43-41B-13. Property held by agents and fiduciaries.
(a) Intangible property and any income or increment derived therefrom held by fiduciaries and agents for the benefit of another person is presumed abandoned unless the owner, within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.
(b) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (a) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(c) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise.
(d) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
Source:
SL 1992, ch 312, §12; SL 2012, ch 209, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-14 - Property held by courts and public agencies.

43-41B-14. Property held by courts and public agencies.
Intangible property held for the owner by a court, federal, state, or other government, governmental subdivision or agency or entity, public corporation, public authority, or public officer of this state which remains unclaimed by the owner for more than one year after becoming payable or distributable is presumed abandoned.
Source:
SL 1992, ch 312, §13.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-15 - Gift certificates and credit memos.

43-41B-15. Gift certificates and credit memos.
(a) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned.
(b) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
Source:
SL 1992, ch 312, §14; SL 2012, ch 209, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-16 - Wages.

43-41B-16. Wages.
Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remains unclaimed by the owner for more than one year after becoming payable are presumed abandoned.
Source:
SL 1992, ch 312, §15.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-17 - Contents of safe deposit box or other safekeeping repository--U.S. savings bonds.

43-41B-17. Contents of safe deposit box or other safekeeping repository--U.S. savings bonds.
Any tangible and intangible property held in a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than three years after the lease or rental period on the box or other repository has expired, are presumed abandoned. Any United States savings bond included in the contents of a safe deposit box or other repository must be reported and recorded in the unclaimed property database, independently of the box or repository. The savings bonds must be listed using the owner information on the original bond under property type code SC15 United States Government Securities. The savings bonds must be claimable by the person listed on the bond or by that person's heirs.
Source:
SL 1992, ch 312, §16; SL 1993, ch 326, §3; SL 2012, ch 209, §9; SL 2019, ch 194, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-19 - Notice and publication of names of persons appearing to be owners of unclaimed property.

43-41B-19. Notice and publication of names of persons appearing to be owners of unclaimed property.
(a) The administrator shall cause a notice to be published at least once in a newspaper of general circulation in the county of this state in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this state, the notice must be published in the county in which the holder of the property has its principal place of business within this state.
(b) The published notice must be entitled "Notice of Names of Persons Appearing to be Owners of Unclaimed Property" and contain:
(1)The names in alphabetical order and the last known city and state of residence, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (a);
(2)A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and
(3)A statement that if proof of claim is not presented by the owner and the owner's right to receive the property must be established to the administrator's satisfaction to whom all claims must be directed.
(c) The administrator is not required to publish in the notice any items of less than one hundred twenty-five dollars unless the administrator considers their publication to be in the public interest.
(d) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under §43-41B-4.
Source:
SL 1992, ch 312, §18; SL 2012, ch 209, §10; SL 2019, ch 194, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-20 - Payment or delivery of abandoned property.

43-41B-20. Payment or delivery of abandoned property.
(a) Except as otherwise provided in subsections (b) and (c) of this section, a person who is required to file a report under this chapter shall, at the same time as the final date for filing the report as required, pay or deliver to the administrator all abandoned property required to be reported.
(b) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
(c) Property reported under §43-41B-18 for which the holder is not required to report the name of the apparent owner must be delivered to the administrator at the time of filing the report.
(d) The holder of any interest shall deliver a duplicate certificate or other evidence of ownership to the administrator, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provisions of this chapter to every person, including any person acquiring the original certificate or the duplicate of the certificate or the duplicate of the certificate issued to the department, for any losses or damages resulting to the person by the issuance and delivery to the department of the duplicate certificate.
Source:
SL 1992, ch 312, §19.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-22 - Crediting of dividends, interest, or increments to owner's account .

43-41B-22. Crediting of dividends, interest, or increments to owner's account.
Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.
Source:
SL 1992, ch 312, §21.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-23 - Public sale of abandoned property.

43-41B-23. Public sale of abandoned property.
(a) No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale or by means of an internet auction, depending on which method of sale the administrator determines affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator determines that the bid is insufficient. If the administrator determines that the probable cost of the sale will exceed the value of the property, the administrator need not offer the property for sale. Any sale held under this section shall be preceded by a publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
(c) The state treasurer shall sell all stocks, bonds, and other negotiable instruments within one hundred eighty days of confirmed receipt of such instruments, unless the property is on an open claim. The state treasurer is not liable for any loss or gain in the value that the instrument would have obtained had the instrument been held instead of being sold.
(d) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims by the owner or previous holder of the property and by all persons claiming through or under the owner or previous holder.
(e) The administrator shall execute all documents necessary to complete the transfer of ownership.
Source:
SL 1992, ch 312, §22; SL 2017, ch 190, §1, eff. Mar. 10, 2017; SL 2018, ch 258, §1; SL 2019, ch 194, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-23.1 - Sale of securities, stocks, bonds, and other intangible ownership interests.

43-41B-23.1. Sale of securities, stocks, bonds, and other intangible ownership interests.
All securities, stocks, bonds, or other intangible ownership interests in business associations held by the Unclaimed Property Division with any value shall be sold after March 10, 2017.
Source:
SL 2017, ch 190, §3, eff. Mar. 10, 2017.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-24 - Deposit of funds.

43-41B-24. Deposit of funds.
(a) Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this chapter, including the proceeds from the sale of abandoned property under §43-41B-23. The administrator shall retain in a separate trust fund an amount not more than fifty thousand dollars from which prompt payment of claims duly allowed must be made by him. Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company, and the amount due. The record must be available for public inspection at all reasonable business hours.
(b) The administrator may pay from the unclaimed property trust fund:
(1)Any costs in connection with the sale of abandoned property;
(2)Costs of mailing and publication in connection with any abandoned property;
(3)Reasonable service charges; and
(4)Costs incurred in examining records of holders of property and in collecting the property from those holders.
Source:
SL 1992, ch 312, §23; SL 1993, ch 327, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-24.1 - Continuous appropriation of fund--Report--Approval of certain expenditures.

43-41B-24.1. Continuous appropriation of fund--Report--Approval of certain expenditures .
Money in the unclaimed property trust fund for payment of costs and expenses authorized under §43-41B-24 is continuously appropriated for those purposes. Any expenditures shall be paid upon warrants drawn by the state auditor pursuant to vouchers authorized by the state treasurer. All funds paid out by the state treasurer under chapter 43-41B shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Any expenditure other than unclaimed property claims that exceeds the informational budget shall be approved by the Board of Finance pursuant to chapter 4-1.
Source:
SL 1993, ch 327, §§2, 3; SL 2012, ch 210, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-25 - Filing claim with administrator--Handling of claims by administrator.

43-41B-25. Filing claim with administrator--Handling of claims by administrator.
(a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
(b) The administrator shall consider each claim within one hundred eighty days after it is filed and provide notice to the claimant if the claim is denied in whole or in part. The notice may be sent by mail to the last address of the claimant stated in the claim for the receipt of notices. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.
If no address for notices is stated in the claim, the notice may be mailed to the last address, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail address of the claimant.
(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if the property has been sold by the administrator, together with any additional amount required by §43-41B- 22.
If the claim is for property that is presumed abandoned under §43-41B-10 and that was sold by the administrator within one hundred eighty days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of sale. When property is paid or delivered to the administrator under this chapter, the owner is not entitled to receive income or other increments accruing thereafter.
Source:
SL 1992, ch 312, §24; SL 2017, ch 190, §2, eff. Mar. 10, 2017; SL 2018, ch 258, §2; SL 2019, ch 194, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-26 - Claim of another state to recover property--Procedure.

43-41B-26. Claim of another state to recover property--Procedure.
(a) At any time after property has been paid or delivered to the administrator under this chapter another state may recover the property if:
(1)The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(2)The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;
(3)The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(4)The property was subjected to custody by this state under subdivision 43-41B-3(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or
(5)The property is the sum payable on a travelers check, money order, or other similar instrument that was subjected to custody by this state under §43-41B-4, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.
(b) The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety days after it is presented. The administrator shall allow the claim if he determines that the other state is entitled to the abandoned property under subsection (a).
(c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property.
Source:
SL 1992, ch 312, §25.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-27 - Action to establish claim.

43-41B-27. Action to establish claim.
A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may bring an action to establish the claim in the circuit court, naming the administrator as a defendant. The action must be brought within ninety days after the decision of the administrator or within one hundred eighty days after the filing of the claim if he has failed to act on it. The action shall be trial de novo without a jury.
Source:
SL 1992, ch 312, §26.