reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-22 - Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship.

43-28-22. Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship.
All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purposes of administration.
If any person is construed to retain any right in property due to the fact that the person's conveyance was to a trust, estate, or guardianship, and if no action or proceeding to enforce such right was commenced prior to July 1, 2003, such right shall be forever barred. No action or proceeding so brought involving real property is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 2003, a notice of the pendency of such action was recorded in the office of the register of deeds of the county where the property is located, in accordance with chapter 15-10.
Source:
SL 1991, ch 363, §2; SL 2002, ch 100, §14.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-23 - Format standards for real estate documents recorded with the register of deeds.

43-28-23. Format standards for real estate documents recorded with the register of deeds.
Any real estate document recorded with the register of deeds, except for plats, shall:
(1)Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document;
(2)Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type. However, dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);
(3)Be on white paper of not less than twenty pound weight;
(4)Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to §7-9-1 and may include other document information. All other margins shall be a minimum of one inch;
(5)Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section; and
(6)Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction.
Any document that does not conform to the requirements of subdivisions (1) to (5), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.
The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002.
Source:
SL 2001, ch 240, §1; SL 2003, ch 228, §1; SL 2006, ch 64, §2; SL 2008, ch 225, §1; SL 2010, ch 214, §7; SL 2012, ch 51, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-24 - Definitions related to identity information.

43-28-24. Definitions related to identity information.
Terms used in §§43-28-25 to 43-28-28, inclusive, mean:
(1)"Personally identifiable information," any information that includes one or more of the following specific unique identifiers when combined with an individual's name:
(a)A social security number. This term does not, however, include the last four digits of a social security number;
(b)Checking, savings, or share account number; or
(c)Credit, debit, or charge card number;
(2)"Preparer," any person who creates, drafts, edits, revises, or changes the document or instrument that is recorded with the register of deeds. The term, preparer, does not include any person who hires, requires, refers, pays, or requests that the document or instrument be drafted or recorded.
Source:
SL 2010, ch 214, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-25 - Document preparers prohibited from including personally identifiable information.

43-28-25. Document preparers prohibited from including personally identifiable information.
The preparer of a document or instrument may not include an individual's personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or instrument that was executed by an individual prior to July 1, 2010.
Source:
SL 2010, ch 214, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-26 - Certain documents exempt.

43-28-26. Certain documents exempt.
The provisions of §§43-28-24 to 43-28-28, inclusive do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds, or any governmental certified copy of a document or instrument.
Source:
SL 2010, ch 214, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 28 - Recording Of Instruments › Section 43-28-27 - Register of deeds to post notice.

43-28-27. Register of deeds to post notice.
The register of deeds shall post a notice in the county office of the register of deeds and on any website provided by the register of deeds. The notice shall include the information provided in §§43-28-24 to 43-28-26, inclusive.
Source:
SL 2010, ch 214, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-1 - Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing.

43-29-1. Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing.
The record of notice of pendency of any action of record in the office of the register of deeds shall not affect the title of any real property in the county where recorded after expiration of ten years from the date of filing, and notice thereof shall be deemed to have been discharged and canceled of record upon the expiration of ten years from the date of recording.
Source:
SL 1943, ch 175, §1; SDC Supp 1960, §51.1626 (1).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-2 - Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure.

43-29-2. Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure.
The record of a mortgage or other lien upon real property shall be without effect and said mortgage or lien shall be deemed satisfied and discharged where it appears from other records in the office of the register of deeds or clerk of courts that the property described therein has been sold on foreclosure of such mortgage or lien, or shows that the indebtedness secured thereby has been fully paid.
Source:
SL 1943, ch 175, §2; SDC Supp 1960, §51.1626 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-3 - Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.

43-29-3. Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.
Every certificate of acknowledgment of the execution of any deed, mortgage, or other instrument affecting the title to real property, shall be presumed to have been made by the identical officer described therein acting pursuant to lawful authority and the legal sufficiency of the acknowledgment shall not be subject to attack after the expiration of ten years from and after the date of filing of such deed, mortgage, or other instruments for recording.
Source:
SL 1943, ch 175, §3; SDC Supp 1960, §51.1626 (3).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-4 - Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions.

43-29-4. Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions.
In instruments affecting the title to real property which have been recorded for ten years or more where the full first Christian name and middle initial, or full middle name and first initial, of the grantee, distributee, or otherwise, has been used and later, as grantor or otherwise, the initials of the same names have been used; and in instances where the initials of the first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor, or otherwise, the full first Christian name and middle initial, or full middle name and first initial, have been used; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are abbreviated and later, as grantor or otherwise such name or names is or are spelled in full; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are spelled in full and later, as grantor or otherwise, such names or name is or are abbreviated, and in instances where the names in the chain of titles are idem sonans, although differently spelled; and in all the foregoing instances, in the absence of some showing of record to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein.
Source:
SL 1943, ch 175, §4; SDC Supp 1960, §51.1626 (4).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-5 - Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken.

43-29-5. Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken.
The provisions of a judgment or decree affecting the title to real property and the record thereof are conclusive after twenty years from the entry thereof and all proceedings necessary to support such judgment or decree shall be deemed to have been legally taken.
Source:
SL 1943, ch 175, §5; SDC Supp 1960, §51.1626 (5).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-6 - Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions.

43-29-6. Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions.
Sections 43-29-1 to 43-29-5, inclusive, shall apply to instruments recorded before as well as after their enactment but their provisions shall not be applied in any action involving real property, which was pending on July 1, 1943 or was commenced prior to July 1, 1944.
Source:
SL 1943, ch 175, §6; SDC Supp 1960, §51.1626 (6).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-8 - Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable.

43-29-8. Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable.
It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission has existed of record for a period of more than twenty years and the record does not show that any action has been commenced with reference thereto, to wit:
(1)Make any showing or explanation as to the absence of a corporate, notary, or other official seal of any kind; and after twenty years from the date of the instrument, such person purporting to act as a corporate official, notary public, or other official shall be presumed to have been authorized to act in the same manner as though the proper seal had been affixed to said instrument;
(2)Make any showing or explanation as to interest or lack of interest of anyone encumbering real estate to which the record does not show such person to have had title;
(3)Make any showing or explanation where a reference has been made in any instrument to a mortgage, and no mortgage answering such description is shown by the abstract of title to have been of record at such time;
(4)Make any showing or explanation as to the marital status of a person by reason of the omission of a description of such marital status from either the body of the instrument or the acknowledgment;
(5)Obtain any conveyance, release, or explanation by reason of any option which, under its terms, required that it be exercised more than twenty years theretofore.
Source:
SL 1945, ch 215, §1; SDC Supp 1960, §51.16B14.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-9 - "Record" as used in marketable title provisions construed.

43-29-9."Record" as used in marketable title provisions construed.
Except where used in the sense of recording, wherever the word "record" is used in §§43-29-7 and 43-29-8, it shall be construed to mean the records in the office of the register of deeds of the county in which the real estate affected is situated.
Source:
SL 1943, ch 176, §2; SL 1945, ch 215, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 29 - Title Defects Cured By Lapse Of Time › Section 43-29-10 - Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree.

43-29-10. Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree.
Where in the chain of title to a municipal lot platted more than twenty years, there is, prior to such platting, any judgment or decree of any court having jurisdiction of the subject matter, it shall be presumed that title to real estate so affected is in accordance with the determination or distribution in such judgment or decree; and it shall not be necessary to show on the abstract of title to such lots any of the proceedings supporting such judgment or decree.
Source:
SL 1943, ch 176, §1; SDC Supp 1960, §51.16B13 (6); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-1 - Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.

43-30-1. Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.
Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty-two years or longer, and is in possession of such land, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the provisions of this chapter, instruments which have been recorded less than twenty-two years, and any encumbrances of record not barred by the statute of limitations.
Source:
SL 1947, ch 233, §1; SL 1951, ch 256, §1; SL 1957, ch 266, §1; SDC Supp 1960, §51.16B01.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-2 - Definitions--Unbroken chain of title to an interest in land--Title transaction.

43-30-2. Definitions--Unbroken chain of title to an interest in land--Title transaction.
A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two years or more prior thereto, which conveyance or other title transaction purports to create such interest in such person or his immediate or remote grantors, with nothing appearing of record purporting to divest such person and his immediate or remote grantors of such purported interest.
"Title transaction" as used herein means any transaction affecting title to real property, including title by will or descent from any persons who held title of record at the date of his death, title by a decree or order of any court, title by tax deed, by trustee's, referee's, conservator's, personal representative's, master's in chancery, or sheriff's deed, as well as by direct conveyance.
Source:
SL 1947, ch 233, §2; SL 1951, ch 256, §2; SL 1957, ch 266, §2; SDC Supp 1960, §51.16B02; SL 1993, ch 213, §235; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

43-30-3. Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.
Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty-three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty-three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time.
Source:
SL 1947, ch 233, §3; SL 1951, ch 256, §3; SL 1957, ch 266, §3; SDC Supp 1960, §51.16B03.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-4 - Filing of notice of claim of interest--Persons authorized to file.

43-30-4. Filing of notice of claim of interest--Persons authorized to file.
The notice mentioned in §43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record.
Source:
SL 1947, ch 233, §4; SL 1951, ch 256, §4; SDC Supp 1960, §51.16B04.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-5 - Notice of claim of interest--Filing for record.

43-30-5. Notice of claim of interest--Filing for record.
The claim referred to in §§43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the claim, charge, or interest asserted, which description shall be set forth in particular terms and not by general inclusions.
Source:
SL 1947, ch 233, §5; SL 1951, ch 256, §5; SDC Supp 1960, §51.16B05.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-6 - Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.

43-30-6. Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.
The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices of lis pendens.
Source:
SL 1947, ch 233, §6; SL 1951, ch 256, §6; SDC Supp 1960, §51.16B06.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-7 - Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.

43-30-7. Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.
For the purpose of this chapter, the fact of possession of real property referred to in §43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is upon the date thereof in possession of the real property. The register of deeds shall record such affidavit or affidavits at length in miscellaneous records of his county. No such affidavits of possession may be filed as to any lands before the expiration of twenty-three years from recording of deed of conveyance or other instrument of conveyance under which title is claimed, or before one year after July 1, 1957, whichever event is the latest in point of time, to any land as to which claim under the provisions of §43-30-5 has been filed. The legal description of the real property contained in affidavits of possession for railroad property and linear railroad rights-of-way acquired by the South Dakota Railroad Authority, the state, or any of its subdivisions may be made by reference to and incorporation of filing information of previous conveyances and other documents of title filed of record in the county where the real property is located.
Source:
SL 1947, ch 233, §7; SL 1951, ch 256, §7; SL 1957, ch 266, §4; SDC Supp 1960, §51.16B07; SL 1981, ch 309, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-8 - Record of affidavit of possession--Evidence of facts stated.

43-30-8. Record of affidavit of possession--Evidence of facts stated.
When an affidavit has been filed and recorded as provided in §43-30-7, the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter.
Source:
SL 1947, ch 233, §8; SL 1951, ch 256, §8; SDC Supp 1960, §51.16B08.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-8.2 - Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.

43-30-8.2. Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.
Notwithstanding the provisions of §43-30-12, an affidavit filed pursuant to §43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate register of deeds. Such recording shall be valid for ten years and may be rerecorded. This section shall only apply to a condition subsequent in a deed whereby the use or sale of alcoholic beverages, in any manner, would work a forfeiture and automatic reverter of the title of real property containing that condition subsequent to the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns; or would give rise to the right of reentry by the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns, for breach of that condition subsequent.
Source:
SL 1976, ch 266, §§1, 3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.

43-30-9. Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.
No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to such land, he shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record.
Source:
SL 1947, ch 233, §9; SL 1951, ch 256, §9; SDC Supp 1960, §51.16B09.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-10 - Purpose of chapter--Construction.

43-30-10. Purpose of chapter--Construction.
This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty-three years prior to the date of an affidavit of possession made and recorded as prescribed by §43-30-7, and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claim arises out of or depends upon any act, transaction, event, or omission antedating a period twenty-two years prior to the date of an affidavit made and recorded as prescribed by §43-30-7, unless a notice of such claim, as provided in §43-30-5, shall have been duly filed for record.
Source:
SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-11 - Claims barred by chapter--Definition.

43-30-11. Claims barred by chapter--Definition.
The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural or corporate or private or governmental.
Source:
SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-12 - Exceptions to application of chapter.

43-30-12. Exceptions to application of chapter.
This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any life estate or trust created within twenty-three years prior to the date of an affidavit made and recorded as prescribed by §43-30-7, right founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitation, or conditions subsequent in any deed.
Source:
SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-13 - Right, title, or interest of state or United States unaffected by chapter.

43-30-13. Right, title, or interest of state or United States unaffected by chapter.
This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota.
Source:
SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, ch 266, §5; SDC Supp 1960, §51.16B10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-14 - Right, title, or interest in land owned by public utility unaffected by chapter.

43-30-14. Right, title, or interest in land owned by public utility unaffected by chapter.
This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of action founded upon mortgages or trust deeds executed by any such corporations or the lessees, trustees, or receivers thereof.
Source:
SL 1947, ch 233, §11; SL 1951, ch 256, §11; SDC Supp 1960, §51.16B11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-15 - Existing statutes of limitations and recording statutes not affected by chapter.

43-30-15. Existing statutes of limitations and recording statutes not affected by chapter.
Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record any instrument affecting lands.
Source:
SL 1947, ch 233, §8; SL 1951, ch 256, §8; SDC Supp 1960, §51.16B08.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-16 - Railroad property conveyances to or by state exempt from plat requirements--Filing map.

43-30-16. Railroad property conveyances to or by state exempt from plat requirements--Filing map.
Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights-of-way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or which are described by points of beginning and termination, railroad mileposts, railroad engineering survey station numbers, and right-of-way and track maps, are exempt from the provisions of chapter 11-3 and chapter 43-21. However, copies of right-of-way or track maps describing conveyances of railroad property to or by the South Dakota Railroad Authority, the state or any of its subdivisions, including the conveyance of linear railroad rights-of-way, or any portion thereof, shall be furnished to the director of equalization in each county wherein such conveyances shall be filed of record.
Source:
SL 1981, ch 309, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30 - Marketable Title To Real Estate › Section 43-30-17 - Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc.

43-30-17. Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc..
Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of title VI of the Water Resources Development Act of 1999 (Public Law 106-53) as amended by the Water Resources Development Act of 2000 (Public Law 106-541), or any portion thereof, that is described by individual or cumulative metes and bounds descriptions or that is described by points of beginning and termination, water or contour elevations, federal engineering survey references, maps, highways, and other rights-of-way is exempt from the provisions of chapter 11-3 and chapter 43-21, provided the description contains references to the affected section, township, and range. The grantee shall furnish, if available, any copies of federal engineering survey references, maps, rights-of-way, and other documents describing conveyances of the property to or by South Dakota or any of its political subdivisions to the director of equalization in each county wherein the conveyances are filed. The exemption contained in this section does not apply to any conveyance of property title to private ownership.
Source:
SL 2002, ch 199, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-1 - "Mineral interest" defined.

43-30A-1."Mineral interest" defined.
In this chapter, unless context otherwise requires, the term, "mineral interest," includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, exception, reservation, or otherwise, owned by a person other than the owner of the surface estate.
Source:
SL 1985, ch 338, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-2 - Abandonment by nonuse_Title vests in surface owner.

43-30A-2. Abandonment by nonuse--Title vests in surface owner.
A mineral interest is abandoned if it has not been used for a period of twenty-three years or more. Title to an abandoned mineral interest vests in the owner of the surface estate in the land in, or under, which the mineral interest is located on the date of abandonment.
Source:
SL 1985, ch 338, §2; SL 2016, ch 215, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-3 - Acts constituting use of interest.

43-30A-3. Acts constituting use of interest.
A mineral interest is used if:
(1)Minerals are produced by or with the express permission of the record owner of the mineral interest;
(2)Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the production of minerals by or with the express permission of the record holder of the mineral interest;
(3)For solid minerals, there is production from a common vein or seam by or with the express permission of the record owner of the mineral interest;
(4)Any valid conveyance, lease, mortgage, assignment, probate distribution, termination of joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed, or any judgment or decree that makes specific reference to the record owner's mineral interest is recorded within the last twenty-three years in the office of the register of deeds for the county in which the mineral interest is located;
(5)The mineral interest is subject to an agreement to pool or unitize;
(6)A statement of claim is recorded in compliance with §43-30A-4; or
(7)A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to §43-30-7, in the office of the register of deeds for the county in which the mineral interest is located.
Source:
SL 1985, ch 338, §3; SL 1987, ch 318, §1; SL 1995, ch 167, §185; SL 2013, ch 222, §1; SL 2016, ch 215, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-4 - Statement of claim--Recording--Contents--Effect.

43-30A-4. Statement of claim--Recording--Contents--Effect.
A statement of claim shall:
(1)Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in §43-30A-2. A joint tenant, but not a tenant in common, may record a claim on behalf of himself and other joint tenants;
(2)Contain the name and mailing address of the record owner of the mineral interest and a legal description of the land on or under which the mineral interest is located; and
(3)Be recorded in the office of the register of deeds for the county in which the mineral interest is located.
A mineral interest is in use on the date of recording if the recording is made within the time provided by this section.
Source:
SL 1985, ch 338, §4; SL 2013, ch 222, §2; SL 2016, ch 215, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-5 - Circumstances in which failure to record statement does not cause abandonment.

43-30A-5. Circumstances in which failure to record statement does not cause abandonment.
Failure to record the statement of claim within the time period provided in §43-30A-4 does not cause a mineral interest to be abandoned if the record owner of the mineral interest records a statement of claim pursuant to §43-30A-4 within sixty days after completion of the publication of the notice of lapse pursuant to §43-30A-6.
Source:
SL 1985, ch 338, §5; SL 2013, ch 222, §3; SL 2016, ch 215, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-6 - Notice by surface owner--Contents--Proof of publication and mailing.

43-30A-6. Notice by surface owner--Contents--Proof of publication and mailing.
In order to succeed to the ownership of an abandoned mineral interest, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral interest is located. Notice shall also be given by mailing a copy of the notice by registered or certified mail to the record owner of the mineral interest at the record owner's address of record no later than ten days after the last publication.
The surface owner may rely upon the record mineral owner's last address of record in the office of county register of deeds in which the mineral interest is located. It is the record mineral owner's obligation to maintain an address of record in the office of the register of deeds in the county in which their mineral interest is located. Failure to maintain an address of record is a waiver by the record mineral owner of the requirement to mail a copy of the notice of lapse to the record mineral owner.
The notice shall state the name of the record owner of the mineral interest, the legal description of the land on or under which the mineral interest involved is located, and the name of the person giving the notice.
Recording a copy of the notice and an affidavit of its publication and any mailing in the office of the register of deeds for the county in which the mineral interest is located, is prima facie evidence that the notice has been properly given.
Source:
SL 1985, ch 338, §6; SL 2016, ch 215, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-7 - Waiver of provisions.

43-30A-7. Waiver of provisions.
The provisions of this chapter may not be waived until the expiration of the twenty-three-year period provided in §43-30A-2.
Source:
SL 1985, ch 338, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30A - Abandoned Mineral Interests › Section 43-30A-10 - Water rights unaffected.

43-30A-10. Water rights unaffected.
The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly may be provided herein, nor shall anything herein contained affect or be construed as affecting vested water rights.
Source:
SL 1985, ch 338, §11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-1 - Petition for creation of trust.

43-30B-1. Petition for creation of trust.
Any person or entity who holds an interest in a particular tract of land may petition the court in the county where the land is located to declare a trust in favor of an owner of a mineral interest in the particular tract of land if the location or identity of the owner cannot be determined.
Source:
SL 2013, ch 223, §1; SL 2017, ch 189, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-2 - Required showing.

43-30B-2. Required showing.
If the petitioner can demonstrate that the creation of a trust is in the best interest of the owner and that the petitioner cannot, after due diligence, locate or identify the owner, the court may create a trust, as provided for in §43-30B-1.
Source:
SL 2013, ch 223, §2; SL 2017, ch 189, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-3 - Declaration of trust in favor of unlocated or unidentified mineral owner--Appointment of trustee.

43-30B-3. Declaration of trust in favor of unlocated or unidentified mineral owner--Appointment of trustee.
If the court determines the petitioner meets the burdens provided for in §43-30B-2, the court shall declare a trust in favor of the unlocated or unidentified mineral owner, shall appoint the county treasurer or another person or entity as trustee of the trust, and shall authorize the trustee to execute and deliver a mineral lease, a ratification, a division order, or any other related document or instrument on such terms and conditions as the court may approve. The county treasurer may decline to act as the trustee and in such event the court shall appoint an alternate trustee. The court may issue other appropriate orders upon request of the petitioner or trustee.
Source:
SL 2013, ch 223, §3; SL 2017, ch 189, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-4 - Administration of trust.

43-30B-4. Administration of trust.
Except as otherwise provided in this chapter, the trustee shall administer the trust in compliance with title 55. The trustee may engage agents to assist in the administration of the trust. Trustee fees, agent fees, and any other administrative costs must be reasonable and may be paid from the trust upon approval by the court. All bonuses, rental payments, royalties, and other income shall be paid to the trustee until the trust is terminated. If the county treasurer or other county official or employee is the trustee, the trustee's fee shall be paid to the general fund of the county. A county official acting as trustee shall account for, keep, and invest the funds in the same manner as other county funds. If the bonuses, rental payments, royalties, and other income paid to the trust are not sufficient to pay trustee fees, agent fees, and any other administrative costs paid by the trustee, the petitioner shall indemnify the fund for such costs and expenses.
Source:
SL 2013, ch 223, §4; SL 2015, ch 222, §1; SL 2017, ch 189, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-5 - Termination of trust--Distribution of trust moneys.

43-30B-5. Termination of trust--Distribution of trust moneys.
A trust in favor of an unlocatable or unidentifiable mineral owner shall remain in force until an order of the court is entered, after such notice as may be required by the court, finding that an owner has appeared and been identified. The court shall fix the date upon which the owner is deemed to have owned the interest. The court shall determine the division of the remaining funds of the trust, provide for the payment of fees and expenses to dissolve and distribute the trust, and determine any other matters raised by the petitioner, owner, or trustee.
Source:
SL 2013, ch 223, §5; SL 2017, ch 189, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 30B - Trust For Unlocated Or Unidentified Mineral Interest Owners › Section 43-30B-6 - Actions not use of mineral interest under chapter 43-30A.

43-30B-6. Actions not use of mineral interest under chapter 43-30A.
No act taken by or upon the permission of a trustee, petitioner, or court under this chapter shall be considered use of a mineral interest under chapter 43-30A.
Source:
SL 2013, ch 223, §6; SL 2017, ch 189, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-1 - Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens.

43-31-1. Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens.
The homestead, including a homestead listed for sale, of every family, resident in this state, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under §43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead.
Source:
SL 1862, ch 37, §1; SL 1874-5, ch 37, §1; PolC 1877, ch 38, §1; CL 1887, §2449; SL 1890, ch 86, §1; RPolC 1903, §3215; RC 1919, §449; SDC 1939, §51.1701; SL 1972, ch 233, §5; SL 1980, ch 296, §1; SL 2005, ch 234, §1; SL 2015, ch 223, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-2 - Homestead limited to house or mobile home and appurtenant buildings--Business place--Minimum size of mobile home.

43-31-2. Homestead limited to house or mobile home and appurtenant buildings--Business place--Minimum size of mobile home.
The homestead embraces the house used as a home by the owner of it, being either, real property or a mobile home, and if the owner has two or more houses or mobile homes thus used at different times and places, the owner shall select which he or she will retain as a homestead.
The homestead may not embrace more than one dwelling house or any other buildings except such as are properly appurtenant to the homestead. A shop, store, or other building situated on real property and really used or occupied by the owner in the prosecution of the owner's own ordinary business may be deemed appurtenant to the owner's homestead.
A mobile home may include any vehicle without motive power which can provide adequate, comfortable, all season quarters for the purpose of making it a residence and which vehicle is larger than two hundred forty square feet, measuring at the base of the vehicle. The mobile home must be registered in South Dakota at least six months prior to the claim of exemption.
Source:
SL 1874-5, ch 37, §§6, 9; PolC 1877, ch 38, §§6, 9; CL 1887, §§2454, 2457; RPolC 1903, §§3222, 3225; RC 1919, §§456, 457; SDC 1939, §51.1708; SL 1972, ch 233, §6; SL 2015, ch 223, §2.