reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-27 - Cause of action against lessor for retaliatory conduct.

43-32-27. Cause of action against lessor for retaliatory conduct.
A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:
(1)The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or
(2)The lessee has given written notice to the lessor of a condition requiring repair pursuant to §43-32-9; or
(3)The lessee has organized or become a member of a tenant's union or organization.
It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.
Source:
SL 1994, ch 341, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-28 - Retaliatory conduct--Remedies--Attorney's fees.

43-32-28. Retaliatory conduct--Remedies--Attorney's fees.
If the lessor acts in violation of §43-32-27, the lessee is entitled to the remedies provided in §43-32-6. The court may award the lessee reasonable and customary attorney's fees. A lessee seeking attorney's fees shall provide the court with counsel's verified itemized statement of costs incurred and legal services rendered.
Source:
SL 1994, ch 341, §2; SL 2020, ch 191, § 1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-30 - Disclosure of knowledge of existence of prior manufacturing of methamphetamines.

43-32-30. Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
In any hiring of a residential premises, any lessor who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any lessee or any person who may become a lessee. If the residential premises consists of two or more housing units, the disclosure requirements provided by this section only apply to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
Source:
SL 2004, ch 272, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-31 - Notice to vacate and remove mobile or manufactured home from leased property.

43-32-31. Notice to vacate and remove mobile or manufactured home from leased property.
Any person who leases real property to an owner of a mobile or manufactured home shall, if the property is developed for an alternate use, give no less than ninety days notice to vacate and remove the home from the real property. The provisions of this section do not apply if the notice is based upon a breach of the terms of a lease.
Source:
SL 2008, ch 228, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-32 - Reasonable notice of landlord's intent to enter--Contents.

43-32-32. Reasonable notice of landlord's intent to enter--Contents.
Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease. The notice shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. The notice shall also specify a means for which the tenant may request to reschedule the entry.
Source:
SL 2014, ch 191, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-33 - Service animal and disability defined.

43-32-33. Service animal and disability defined.
For the purposes of §§43-32-34 to 43-32-36, inclusive, the term, service animal, refers to any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal, and the term, disability, is a physical or mental impairment that substantially limits one or more major life activities of a person.
Source:
SL 2018, ch 259, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-34 - Landlord permitted to require documentation of disability requiring service animal--Exceptions.

43-32-34. Landlord permitted to require documentation of disability requiring service animal--Exceptions.
A landlord may require reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may not require supporting documentation from a tenant if the tenant's disability or disability-related need for a service animal or assistance animal is readily apparent or already known to the landlord.
Source:
SL 2018, ch 259, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-35 - Service animal documentation requirements.

43-32-35. Service animal documentation requirements.
The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation. The documentation shall originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals.
Source:
SL 2018, ch 259, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-36 - Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages.

43-32-36. Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages.
If a person is found to have knowingly made a false claim of having a disability that requires the use of a service animal or assistance animal or of knowingly providing fraudulent supporting documentation in connection with such a claim, a lessor may evict a lessee and the lessor is entitled to a damage fee, not to exceed one thousand dollars, from a lessee if the lessee provides fraudulent disability documentation indicating a disability requiring the use of a service animal or assistance animal.
Source:
SL 2018, ch 259, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-37 - Ejection--Hotel, campground, or RV park premises.

43-32-37. Ejection--Hotel, campground, or RV park premises.
A hotel, campground, or RV park establishment may eject a person from the establishment premises, without return of the person's rental payment, as per the establishment's cancellation policy, for any of the following reasons:
(1)Nonpayment of the business's charges for accommodations or services;
(2)The person is engaged in disorderly conduct, as described in §22-18-35, or has been the subject of complaints from other guests;
(3)The person is using the premises for an unlawful act;
(4)The person brought onto the premises any explosive or destructive device, as those terms are defined in §22-1-2;
(5)The person is not a registered guest of the establishment;
(6)The person has exceeded the limitations for guest room or site occupancy established by the establishment;
(7)The person has obtained the accommodation under false pretenses;
(8)The person is a minor and is not under the supervision of the adult who has obtained the accommodation;
(9)The person has violated any federal, state, or local laws or regulations relating to the establishment; or
(10)The person has violated any rule of the business that is posted in a conspicuous place at or near the guest registration desk or inside each guest room, as applicable, of the establishment; except that no rule may authorize the establishment to eject or refuse or deny service in violation of chapter 20-13.
Source: SL 2022, ch 164, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 33 - Fixtures To Land › Section 43-33-1 - Thing affixed to land, definition.

43-33-1. Thing affixed to land, definition.
A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.
Source:
CivC 1877, §165; CL 1887, §2681; RCivC 1903, §188; RC 1919, §258; SDC 1939, §51.0104.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 33 - Fixtures To Land › Section 43-33-2 - Effect of affixing property to land of another--No agreement as to removal--Ownership of thing affixed--Exception.

43-33-2. Effect of affixing property to land of another--No agreement as to removal--Ownership of thing affixed--Exception.
Except as provided by §43-33-3, when a person affixes his property to the land of another without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land unless he chooses to require the former to remove it.
Source:
CivC 1877, §583; CL 1887, §3206; RCivC 1903, §899; RC 1919, §497; SDC 1939, §51.1103.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 33 - Fixtures To Land › Section 43-33-3 - Removal of property affixed to demised premises--Rights of tenant--Exception.

43-33-3. Removal of property affixed to demised premises--Rights of tenant--Exception.
A tenant may remove from the demised premises any time during the continuance of his term, anything affixed thereto for purpose of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
Source:
CivC 1877, §583; CL 1887, §3206; RCivC 1903, §899; RC 1919, §497; SDC 1939, §51.1103.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-1 - Ownership of things--Extent--Products and accessions.

43-34-1. Ownership of things--Extent--Products and accessions.
The owner of a thing owns also all its products and accessions.
Source:
CivC 1877, §209; CL 1887, §2725; RCivC 1903, §232; RC 1919, §302; SDC 1939, §51.0203.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-2 - Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner.

43-34-2. Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner.
When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part, who must, however, reimburse the value of the residue to the other owner or surrender the whole to him.
Source:
CivC 1877, §590; CL 1887, §3213; RCivC 1903, §906; RC 1919, §508; SDC 1939, §51.1201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-3 - Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.

43-34-3. Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.
For the purposes of §43-34-2, that part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable and has been united without the knowledge of its owner, who may in the latter case require it to be separated and returned to him although some injury should result to the thing to which it has been united.
Source:
CivC 1877, §591; CL 1887, §3214; RCivC 1903, §907; RC 1919, §509; SDC 1939, §51.1201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-4 - Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor.

43-34-4. Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor.
If neither part can be considered the principal within the rule prescribed by §43-34-3, the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part.
Source:
CivC 1877, §592; CL 1887, §3215; RCivC 1903, §908; RC 1919, §510; SDC 1939, §51.1201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-5 - Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.

43-34-5. Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.
When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.
Source:
CivC 1877, §594; CL 1887, §3217; RCivC 1903, §910; RC 1919, §512; SDC 1939, §51.1202.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-6 - Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.

43-34-6. Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.
When a thing has been formed by the admixture of several materials of different owners and neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials.
Source:
CivC 1877, §595; CL 1887, §3218; RCivC 1903, §911; RC 1919, §513; SDC 1939, §51.1203.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-7 - Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.

43-34-7. Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.
If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of the materials.
Source:
CivC 1877, §593; CL 1887, §3216; RCivC 1903, §909; RC 1919, §511; SDC 1939, §51.1204.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-8 - Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity.

43-34-8. Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity.
Sections 43-34-2 to 43-34-7, inclusive, are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced.
Source:
CivC 1877, §596; CL 1887, §3219; RCivC 1903, §912; RC 1919, §514; SDC 1939, §51.1205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-9 - Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.

43-34-9. Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.
In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof, in place of the product.
Source:
CivC 1877, §597; CL 1887, §3220; RCivC 1903, §913; RC 1919, §515; SDC 1939, §51.1206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-10 - Wrongful employment of materials of another--Liability for damage.

43-34-10. Wrongful employment of materials of another--Liability for damage.
One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.
Source:
CivC 1877, §598; CL 1887, §3221; RCivC 1903, §914; RC 1919, §516; SDC 1939, §51.1207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 34 - Accessions To Personal Property › Section 43-34-11 - Taking possession of thing to render service about it--Rights and duties of person rendering service.

43-34-11. Taking possession of thing to render service about it--Rights and duties of person rendering service.
One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner and must account to the owner for the residue.
Source:
CivC 1877, §1206; CL 1887, §3829; RCivC 1903, §1525; RC 1919, §1107; SDC 1939, §17.0105.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 35 - Transfer Of Personal Property › Section 43-35-1 - Title to personal property--Sale or exchange--Law governing--Exception.

43-35-1. Title to personal property--Sale or exchange--Law governing--Exception.
The transfer of title to personal property by sale or exchange is regulated by Titles 53 and 57A, except as otherwise specifically provided in this title.
Source:
SDC 1939, §51.1501.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 35 - Transfer Of Personal Property › Section 43-35-2 - Transfer of interest in ship or existing trust--Operation of law--Written instrument.

43-35-2. Transfer of interest in ship or existing trust--Operation of law--Written instrument.
An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.
Source:
CivC 1877, §634; CL 1887, §3255; RCivC 1903, §948; RC 1919, §556; SDC 1939, §51.1502.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 35 - Transfer Of Personal Property › Section 43-35-3 - Passing of title to personal property sold or exchanged--Exception.

43-35-3. Passing of title to personal property sold or exchanged--Exception.
The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not, except as may be otherwise provided in chapter 57A-2.
Source:
CivC 1877, §636; CL 1887, §3257; RCivC 1903, §950; RC 1919, §558; SDC 1939, §51.1503.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 35 - Transfer Of Personal Property › Section 43-35-4 - Executory agreement for sale or exchange of personal property--Transfer of title--Exception.

43-35-4. Executory agreement for sale or exchange of personal property--Transfer of title--Exception.
Title is transferred by an executory agreement for the sale or exchange of personal property, only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in manner sufficient to constitute legal tender, except as may be otherwise provided in chapter 57A-2.
Source:
CivC 1877, §637; CL 1887, §3258; RCivC 1903, §951; RC 1919, §559; SDC 1939, §51.1504.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 35 - Transfer Of Personal Property › Section 43-35-6 - Good will of a business--Definition--Property subject to transfer.

43-35-6. Good will of a business--Definition--Property subject to transfer.
The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired.
The good will of a business is property, transferable like any other.
Source:
CivC 1877, §§577, 578; CL 1887, §§3200, 3201; RCivC 1903, §§893, 894; RC 1919, §§491, 492; SDC 1939, §51.0810.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-1 - Gift defined.

43-36-1. Gift defined.
A gift is a transfer of personal property, made voluntarily and without consideration.
Source:
CivC 1877, §639; CL 1887, §3260; RCivC 1903, §953; RC 1919, §561; SDC 1939, §51.1506.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-2 - Validity of verbal gift--Means of obtaining possession and control--Delivery.

43-36-2. Validity of verbal gift--Means of obtaining possession and control--Delivery.
A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given; nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Source:
CivC 1877, §640; CL 1887, §3261; RCivC 1903, §954; RC 1919, §562; SDC 1939, §51.1507.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-3 - Gift not subject to revocation by giver--Exception--Gift in view of death.

43-36-3. Gift not subject to revocation by giver--Exception--Gift in view of death.
A gift, other than a gift in view of death, cannot be revoked by the giver.
Source:
CivC 1877, §641; CL 1887, §3262; RCivC 1903, §955; RC 1919, §563; SDC 1939, §51.1508.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-4 - Gift in view of death--Definition.

43-36-4. Gift in view of death--Definition.
A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver.
Source:
CivC 1877, §642; CL 1887, §3263; RCivC 1903, §956; RC 1919, §564; SDC 1939, §51.1509.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-5 - Gift in view of death--Presumption.

43-36-5. Gift in view of death--Presumption.
A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death.
Source:
CivC 1877, §643; CL 1887, §3264; RCivC 1903, §957; RC 1919, §565; SDC 1939, §51.1509.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-6 - Gift in view of death--Revocation--Rights of bona fide purchaser protected.

43-36-6. Gift in view of death--Revocation--Rights of bona fide purchaser protected.
A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time; but when the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation shall not be affected by the revocation.
Source:
CivC 1877, §644; CL 1887, §3265; RCivC 1903, §958; RC 1919, §566; SDC 1939, §51.1510.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-7 - Gift in view of death not affected by will--Exception.

43-36-7. Gift in view of death not affected by will--Exception.
A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift.
Source:
CivC 1877, §645; CL 1887, §3266; RCivC 1903, §959; RC 1919, §567; SDC 1939, §51.1511.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 36 - Gifts Of Personal Property › Section 43-36-8 - Gift in view of death--Treatment as legacy--Creditors of giver.

43-36-8. Gift in view of death--Treatment as legacy--Creditors of giver.
A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver.
Source:
CivC 1877, §646; CL 1887, §3267; RCivC 1903, §960; RC 1919, §568; SDC 1939, §51.1512.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-1 - Loan for use--Definition--Money in specie.

43-37-1. Loan for use--Definition--Money in specie.
A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Money in specie may be loaned for use.
Source:
CivC 1877, §§1074, 1092; CL 1887, §§3698, 3715; RCivC 1903, §§1394, 1411; RC 1919, §§1017, 1034; SDC 1939, §38.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-2 - Loan for exchange--Definition.

43-37-2. Loan for exchange--Definition.
If the borrower agrees to return at a future time a similar thing instead of the identical thing borrowed, the loan is a loan for exchange.
Source:
CivC 1877, §1087; CL 1887, §3710; RCivC 1903, §1406; RC 1919, §1029; SDC 1939, §38.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-3 - Loan for use or exchange subject to provisions relating to loans for exchange.

43-37-3. Loan for use or exchange subject to provisions relating to loans for exchange.
A loan which the lender permits the borrower at his option to treat as a loan for use or for exchange, is subject to all the provisions of this chapter relating to loans for exchange.
Source:
CivC 1877, §1088; CL 1887, §3711; RCivC 1903, §1407; RC 1919, §1030; SDC 1939, §38.0204.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-5 - Extent of use of thing by borrower.

43-37-5. Extent of use of thing by borrower.
The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending.
Source:
CivC 1877, §1080; CL 1887, §3704; RCivC 1903, §1400; RC 1919, §1023; SDC 1939, §38.0207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-6 - Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extent of exercise--Repairs caused by negligence.

43-37-6. Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extent of exercise--Repairs caused by negligence.
A borrower for use must use great care to preserve the thing lent in safety and good condition. If it is a living animal he must treat it kindly and provide all things necessary and suitable for it. He is bound to have and exercise such skill in the care of the thing lent as he causes the lender to believe he possesses and he must repair all deterioration or injury to the thing arising by his negligence.
Source:
CivC 1877, §§1076 to 1079; CL 1887, §§3700 to 3703; RCivC 1903, §§1396 to 1399; RC 1919, §§1019 to 1022; SDC 1939, §38.0206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-7 - Borrower for use--Lending to third person without consent of lender forbidden.

43-37-7. Borrower for use--Lending to third person without consent of lender forbidden.
The borrower of a thing for use must not part with it to a third person without the consent of the lender.
Source:
CivC 1877, §1081; CL 1887, §3705; RCivC 1903, §1401; RC 1919, §1024; SDC 1939, §38.0208.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-8 - Lender of thing for use--Right to require return--Indemnification of borrower for loss.

43-37-8. Lender of thing for use--Right to require return--Indemnification of borrower for loss.
The lender of a thing for use may require the return thereof at any time, even though he lent it for a specified time or purpose, unless on the faith of the loan agreement the borrower has made such arrangements that a return of the thing before the time agreed upon or before the accomplishment of the specific purpose would cause him loss exceeding the benefit derived by him from the loan. If in such event the lender compels return before time, the borrower not having in any manner violated his duty, the lender must indemnify the borrower for such loss.
Source:
CivC 1877, §1084; CL 1887, §3708; RCivC 1903, §1404; RC 1919, §1027; SDC 1939, §38.0210.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-10 - Loan for exchange--Modification of contract by lender forbidden.

43-37-10. Loan for exchange--Modification of contract by lender forbidden.
A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon.
Source:
CivC 1877, §1090; CL 1887, §3713; RCivC 1903, §1409; RC 1919, §1032; SDC 1939, §38.0205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-11 - Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.

43-37-11. Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.
The borrower of a thing for use, or for exchange, must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.
Source:
CivC 1877, §§1082, 1089; CL 1887, §§3706, 3712; RCivC 1903, §§1402, 1408; RC 1919, §§1025, 1031; SDC 1939, §38.0203.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-12 - Loan for use or exchange--Indemnification of borrower by lender for damages for defects.

43-37-12. Loan for use or exchange--Indemnification of borrower by lender for damages for defects.
The lender of a thing for use or for exchange must indemnify the borrower for damages caused by defects or vices in it, which he knew at the time of lending and concealed from the borrower.
Source:
CivC 1877, §§1083, 1091; CL 1887, §§3707, 3714; RCivC 1903, §§1403, 1410; RC 1919, §§1026, 1033; SDC 1939, §38.0209.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-13 - Loan for use or exchange--Return of thing to lender by borrower--Specified time--Demand for return.

43-37-13. Loan for use or exchange--Return of thing to lender by borrower--Specified time--Demand for return.
If a thing is lent for use or for exchange for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired or the purpose has been accomplished. In other cases it need not be returned until demanded.
Source:
CivC 1877, §§1085, 1086, 1091; CL 1887, §§3709, 3714; RCivC 1903, §§1405, 1410; RC 1919, §§1028, 1033; SDC 1939, §38.0211.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 37 - Loan Of Personal Property › Section 43-37-14 - Loan for use or exchange--Place for return of thing by borrower.

43-37-14. Loan for use or exchange--Place for return of thing by borrower.
The borrower of a thing for use or for exchange must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time.
Source:
CivC 1877, §§1085, 1086, 1091; CL 1887, §§3709, 3714; RCivC 1903, §§1405, 1410; RC 1919, §§1028, 1033; SDC 1939, §38.0211.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-1 - Kinds and classifications of deposits.

43-39-1. Kinds and classifications of deposits.
A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§43-39-2 to 43-39-7, inclusive.
Source:
CivC 1877, §1033; CL 1887, §3657; RCivC 1903, §1352; RC 1919, §969; SDC 1939, §60.0101.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-2 - Voluntary deposit, making of--Terms defined--Deposit--Depository.

43-39-2. Voluntary deposit, making of--Terms defined--Deposit--Depository.
A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving, the depository.
Source:
CivC 1877, §1034; CL 1887, §3658; RCivC 1903, §1353; RC 1919, §970; SDC 1939, §60.0101 (1).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-3 - Involuntary deposit, making of--Duty of involuntary depository.

43-39-3. Involuntary deposit, making of--Duty of involuntary depository.
An involuntary deposit is made:
(1)By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or
(2)In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.
The person with whom a thing is so deposited is bound to take charge of it, if able to do so.
Source:
CivC 1877, §§1035, 1036; CL 1887, §§3659, 3660; RCivC 1903, §§1354, 1355; RC 1919, §§971, 972; SDC 1939, §60.0101 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-4 - Deposit for keeping defined.

43-39-4. Deposit for keeping defined.
A deposit for keeping is one in which the depository is bound to return the identical thing deposited.
Source:
CivC 1877, §1037; CL 1887, §3661; RCivC 1903, §1356; RC 1919, §973; SDC 1939, §60.0101 (3).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-5 - Deposit for exchange defined.

43-39-5. Deposit for exchange defined.
A deposit for exchange is one in which the depository is only bound to return a thing corresponding in kind to that which is deposited.
Source:
CivC 1877, §1038; CL 1887, §3662; RCivC 1903, §1357; RC 1919, §974; SDC 1939, §60.0101 (4).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-6 - Gratuitous deposit defined.

43-39-6. Gratuitous deposit defined.
Gratuitous deposit is a deposit for which the depository receives no consideration beyond the mere possession of the thing deposited; an involuntary deposit is gratuitous, the depository being entitled to no reward.
Source:
CivC 1877, §§1053, 1054; CL 1887, §§3677, 3678; RCivC 1903, §§1372, 1373; RC 1919, §§989, 990; SDC 1939, §60.0101 (5).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-7 - Deposit for storage defined--Depository as depository for hire.

43-39-7. Deposit for storage defined--Depository as depository for hire.
A deposit not gratuitous is called storage. The depository in such case is called a depository for hire.
Source:
CivC 1877, §1057; CL 1887, §3681; RCivC 1903, §1376; RC 1919, §993; SDC 1939, §60.0101 (6).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-8 - Rights and duties of depositor and depository.

43-39-8. Rights and duties of depositor and depository.
Rights and duties of the depositor and depository are set forth in §§43-39-9 to 43-39-29, inclusive.
Source:
SDC 1939, §60.0102.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-9 - Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditor relationship.

43-39-9. Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditor relationship.
A deposit for exchange transfers to the depository the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.
Source:
CivC 1877, §1073; CL 1887, §3697; RCivC 1903, §1393; RC 1919, §1016; SDC 1939, §60.0102 (21).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-10 - Depository for hire--Ordinary care in preservation of deposit.

43-39-10. Depository for hire--Ordinary care in preservation of deposit.
A depository for hire must use at least ordinary care for the preservation of the the thing deposited.
Source:
CivC 1877, §1058; CL 1887, §3682; RCivC 1903, §1377; RC 1919, §994; SDC 1939, §60.0102 (17).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-11 - Gratuitous depository--Care for preservation of deposit.

43-39-11. Gratuitous depository--Care for preservation of deposit.
A gratuitous depository must use at least slight care for the preservation of the thing deposited.
Source:
CivC 1877, §1055; CL 1887, §3679; RCivC 1903, §1374; RC 1919, §991; SDC 1939, §60.0102 (15).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-12 - Depository of living animals--Food and shelter--Kind treatment.

43-39-12. Depository of living animals--Food and shelter--Kind treatment.
A depository of living animals must provide them with suitable food and shelter and treat them kindly.
Source:
CivC 1877, §1046; CL 1887, §3670; RCivC 1903, §1365; RC 1919, §982; SDC 1939, §60.0102 (8).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-12.1 - Abandonment of animal left with veterinarian--Notice to owner--Disposition--Liability.

43-39-12.1. Abandonment of animal left with veterinarian--Notice to owner--Disposition--Liability.
Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner's agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given the owner or owner's agent at such person's last known address shall be considered to be abandoned and may be turned over to the nearest humane society or disposed of as the licensed veterinarian considers proper. The giving of notice to the owner or the owner's agent, of such animal by the licensed veterinarian as provided in this section shall relieve the licensed veterinarian in whose custody such animal has been placed from any liability for such disposal.
Source:
SL 1986, ch 313, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-13 - Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.

43-39-13. Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.
A depository may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.
Source:
CivC 1877, §1047; CL 1887, §3671; RCivC 1903, §1366; RC 1919, §983; SDC 1939, §60.0102 (9).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-14 - Liability for damage arising from wrongful use--Exception.

43-39-14. Liability for damage arising from wrongful use--Exception.
A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used.
Source:
CivC 1877, §1048; CL 1887, §3672; RCivC 1903, §1367; RC 1919, §984; SDC 1939, §60.0102 (10).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-15 - Sale of thing in danger of perishing.

43-39-15. Sale of thing in danger of perishing.
If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor.
Source:
CivC 1877, §1049; CL 1887, §3673; RCivC 1903, §1368; RC 1919, §985; SDC 1939, §60.0102 (11).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-16 - Services rendered by depository.

43-39-16. Services rendered by depository.
So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4, inclusive.
Source:
CivC 1877, §1051; CL 1887, §3675; RCivC 1903, §1370; RC 1919, §987; SDC 1939, §60.0102 (13).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-17 - Extent of liability of depository for negligence.

43-39-17. Extent of liability of depository for negligence.
The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth.
Source:
CivC 1877, §1052; CL 1887, §3676; RCivC 1903, §1371; RC 1919, §988; SDC 1939, §60.0102 (14).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-18 - Injury to or loss of thing deposited.

43-39-18. Injury to or loss of thing deposited.
If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is presumed to have willfully or by willful and wanton misconduct, permitted the loss or injury to occur.
Source:
CivC 1877, §1050; CL 1887, §3674; RCivC 1903, §1369; RC 1919, §986; SDC 1939, §60.0102 (12).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-19 - Notice to owner of thing wrongfully detained.

43-39-19. Notice to owner of thing wrongfully detained.
A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository against the claim of the depositor, the depository is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming in good faith a new obligation changing his position in respect to the thing, to his prejudice.
Source:
CivC 1877, §1043; CL 1887, §3667; RCivC 1903, §1362; RC 1919, §979; SDC 1939, §60.0102 (5).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-20 - Notice to owner of adverse claim.

43-39-20. Notice to owner of adverse claim.
A depository must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited which may tend to excuse the depository from delivering the thing to him.
Source:
CivC 1877, §1042; CL 1887, §3666; RCivC 1903, §1361; RC 1919, §978; SDC 1939, §60.0102 (4).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-21 - Depository not obligated to deliver deposit without demand.

43-39-21. Depository not obligated to deliver deposit without demand.
A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.
Source:
CivC 1877, §1040; CL 1887, §3664; RCivC 1903, §1359; RC 1919, §976; SDC 1939, §60.0102 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-22 - Depository must deliver on demand.

43-39-22. Depository must deliver on demand.
A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by §43-39-20.
Source:
CivC 1877, §1039; CL 1887, §3663; RCivC 1903, §1358; RC 1919, §975; SDC 1939, §60.0102 (1).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-23 - Place of delivery.

43-39-23. Place of delivery.
A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him.
Source:
CivC 1877, §1041; CL 1887, §3665; RCivC 1903, §1360; RC 1919, §977; SDC 1939, §60.0102 (3).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 39 - Deposit Of Personal Property › Section 43-39-24 - Delivery of thing owned jointly or in common.

43-39-24. Delivery of thing owned jointly or in common.
If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depository may deliver to each his proper share thereof, if it can be done without injury to the thing.
Source:
CivC 1877, §1044; CL 1887, §3668; RCivC 1903, §1363; RC 1919, §980; SDC 1939, §60.0102 (6).