reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-8 - Filing and approval of recruitment assistance agreement.

16-23-8. Filing and approval of recruitment assistance agreement.
No recruitment assistance agreement entered into pursuant to the provisions of this chapter is effective until it is filed with and approved by the Unified Judicial System. The agreement shall provide that the attorney practice law full-time in the eligible county or municipality for at least five years. The Supreme Court may promulgate rules necessary to implement the provisions of this chapter pursuant to chapter 1-26.
Source:
SL 2013, ch 102, §8; SL 2017, ch 93, §10.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-9 - Ineligibility for participation in other program.

16-23-9. Ineligibility for participation in other program.
No person may participate in the program established pursuant to the provisions of this chapter if the person has previously participated in the program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program that obligates the person to provide attorney services within an underserved area.
Source:
SL 2013, ch 102, §9.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-10 - Annual report on status of program.

16-23-10. Annual report on status of program.
The Unified Judicial System shall annually file with the Legislative Research Council a report on the status of the program.
Source:
SL 2013, ch 102, §13.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-11 - Payments from State Bar of South Dakota.

16-23-11. Payments from State Bar of South Dakota.
In order to fully fund the incentive payment, the Unified Judicial System is specially authorized to receive from the State Bar of South Dakota fifteen percent of the total amount of an incentive payment authorized pursuant to this chapter in five equal annual installments and place the funds in the Unified Judicial System other fund fiduciary fund.
Source:
SL 2013, ch 102, §14.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 01 - Actual and Constructive Notice › Section 17-1-1 - Kinds of notice.

17-1-1. Kinds of notice.
Notice is either actual or constructive.
Source:
CivC 1877, §2106; CL 1887, §4740; RCivC 1903, §2449; RC 1919, §12; SDC 1939, §65.0501.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 01 - Actual and Constructive Notice › Section 17-1-2 - Actual notice.

17-1-2. Actual notice.
Actual notice consists in express information of a fact.
Source:
CivC 1877, §2107; CL 1887, §4741; RCivC 1903, §2450; RC 1919, §13; SDC 1939, §65.0502.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 01 - Actual and Constructive Notice › Section 17-1-3 - Constructive notice.

17-1-3. Constructive notice.
Constructive notice is notice imputed by the law to a person not having actual notice.
Source:
CivC 1877, §2108; CL 1887, §4742; RCivC 1903, §2451; RC 1919, §14; SDC 1939, §65.0503.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 01 - Actual and Constructive Notice › Section 17-1-4 - Circumstances constituting constructive notice.

17-1-4. Circumstances constituting constructive notice.
Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.
Source:
CivC 1877, §2109; CL 1887, §4743; RCivC 1903, §2452; RC 1919, §15; SDC 1939, §65.0504.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 01 - Actual and Constructive Notice › Section 17-1-5 - False notice not validated by event.

17-1-5. False notice not validated by event.
A notice which is false when given is not valid by the subsequent happening of the event.
Source:
CivC 1877, §2110; CL 1887, §4744; RCivC 1903, §2453; RC 1919, §16; SDC 1939, §65.0505.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-1 - Notices to be published in legal newspaper--Affidavit of publication--Online notice.

17-2-1. Notices to be published in legal newspaper--Affidavit of publication--Online notice.
All legal and other official notices must be published in a legal newspaper as described in this chapter. When any legal notice is required by law to be published in any newspaper, the newspaper publishing the notice shall place the notice on a statewide website, established and maintained as a repository for such notices by an organization representing a majority of South Dakota newspapers.
The newspaper shall include a prominent link to the statewide website on the newspaper's website homepage or post all public notices to the newspaper's website in a manner that is accessible and free to the public, if the newspaper maintains a website. The affidavit of publication must state that the newspaper is a legal newspaper. The affidavit is prima facie evidence of that fact. Each affidavit of publication must state in plain terms the fees charged.
Source: SL 1887, ch 51, §3; CL 1887, §1431; SL 1893, ch 114, §2; RPolC 1903, §§1848, 1851; RC 1919, §§7070, 7073; SDC 1939, §65.0507; SL 1949, ch 445, §5; SL 2022, ch 55, §1.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-2.1 - Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format.

17-2-2.1. Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format.
No publication is a legal newspaper for publishing legal and other official notices unless, for at least one year prior to publication of such notices, the publication is printed in the English language and contains at least four pages per issue, with at least one hundred twenty square inches of printed matter per page; and if the publication is a daily, is distributed in either a printed or electronic format, or both, at least five days each week, or if not a daily, is distributed in either a printed or electronic format, or both, at least once each week for at least fifty weeks each year. In any week in which there is a legal holiday, no more than four issues of a daily newspaper are necessary.
Source: SL 1985, ch 165, §2; SL 2022, ch 55, §2.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-2.2 - Price and circulation requirements.

17-2-2.2. Price and circulation requirements.
A legal newspaper shall, for at least one year prior to publication of legal and official notices, maintain a definite price of not less than fifty percent of its published price, and shall be paid for by no less than fifty percent of those to whom it is distributed. Such legal newspaper shall have a minimum paid circulation of at least two hundred and be intended for distribution and circulation to the general public, without regard to business, trade, or profession.
Source:
SL 1985, ch 165, §3.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-2.3 - Content requirements.

17-2-2.3. Content requirements.
A legal newspaper shall contain reports of happenings of recent occurrences of a varied nature, such as political, social, moral, and religious subjects and miscellaneous reading matter, and for at least one year prior to publication of legal and official notices devote at least twenty-five percent of its total column space in at least one-half of its issues in any calendar year to such nonpaid news content. No more than eighty percent of the space devoted to such news content may duplicate any other publication, unless the duplicated material is from recognized general news services.
Source:
SL 1985, ch 165, §4.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-2.4 - Office and mailing permit requirements.

17-2-2.4. Office and mailing permit requirements.
A legal newspaper shall, for at least one year prior to publication of legal and official notices, maintain a known office of publication in the community where its mailing permit of original entry is issued, for the purpose of gathering news, soliciting advertising, and conducting general newspaper business for at least eight normal business hours per week. The terms, printed or published, mean that the newspaper is published where it maintains its known office of publication as described in this section. No newspaper may have more than one place where it is published at the same time.
Source: SL 1985, ch 165, §5; SL 2022, ch 55, §3.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-2.5 - Ownership and circulation statements--Involuntary suspension of publication--Existing legal newspapers.

17-2-2.5. Ownership and circulation statements--Involuntary suspension of publication--Existing legal newspapers.
In order to maintain legal newspaper status, the newspaper shall publish and submit to the secretary of state before January first of each year a sworn statement of ownership and circulation on forms prescribed by the secretary of state. Continuous publication within the meaning of this section and §§17-2-2.1 to 17-2-2.4, inclusive, is not deemed to be interrupted by any involuntary suspension of publication resulting from loss, destruction, failure, or unavailability of operating facilities, equipment, or personnel from any cause, and any newspaper so affected is not disqualified as a legal newspaper if publication is resumed within one week after it again becomes possible. This section and §§17-2-2.1 to 17-2-2.4, inclusive, do not disqualify as a legal newspaper any publication which, prior to January 1, 1985, was a legal newspaper, so long as it continues to meet the requirements under which it previously qualified.
Source:
SL 1985, ch 165, §6.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-3 - Status as legal newspaper unaffected by consolidation.

17-2-3. Status as legal newspaper unaffected by consolidation.
The consolidation or union of any two or more newspapers, any or all of which were before such consolidation legal newspapers as defined in §17-2-2.1, does not affect the legality of the newspaper formed by the consolidation. The consolidated newspaper shall be deemed to have complied with the requirements prescribed for a legal newspaper and to be a legal newspaper as defined in §17-2-2.1.
Source:
SL 1895, ch 131; RPolC 1903, §1850; RC 1919, §7069; SL 1919, ch 250; SL 1937, ch 185; SDC 1939, §65.0508; SL 1939, ch 298; SL 1943, ch 318; SL 1968, ch 271; SL 1987, ch 29, §8.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-10 - Publication in adjoining county if no legal newspaper published in county.

17-2-10. Publication in adjoining county if no legal newspaper published in county.
Whenever publication of any kind of order or notice is required in a newspaper in a county and there is no legal newspaper published in such county at the time publication begins, and there is no specific provision as to how such publication shall in that event be made, it shall be sufficient if the publication is made in a newspaper published in an adjoining county.
Source:
SL 1893, ch 114, §3; RPolC 1903, §1852; RC 1919, §7071; SDC 1939, §65.0509.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-11 - Publication in county or nearest adjoining county if no legal newspaper published in municipality or district.

17-2-11. Publication in county or nearest adjoining county if no legal newspaper published in municipality or district.
Whenever publication of any kind of order or notice is required in a newspaper in any municipality, or other district in a county and there is no legal newspaper published in such municipality, or district and there is no specific provision as to how such publication shall in that event be made, it shall be sufficient if the publication is made in any newspaper published in the county where the municipality, or district is situated, and if none is published in the county, then in any newspaper of the adjoining county, any part of the boundary line of which is nearest said municipality, or district, and if more than one county is equidistant by boundary, then in any of said counties.
Source:
SL 1893, ch 114, §3; RPolC 1903, §1852; RC 1919, §7071; SDC 1939, §65.0509; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-12 - Publication in existing legal newspapers if not enough legal newspapers published in county.

17-2-12. Publication in existing legal newspapers if not enough legal newspapers published in county.
Where publication is required in more than one newspaper in any municipality, county, or other district, and the required number of legal newspapers are not being published in such municipality, county, or other district at the time publication begins, publication in such newspaper or newspapers, as are actually being published in such municipality, county, or other district at the time publication begins, shall be sufficient.
Source:
SDC 1939, §65.0509; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-13 - Substitute publication where legal newspaper refuses publication--Affidavit of refusal.

17-2-13. Substitute publication where legal newspaper refuses publication--Affidavit of refusal.
Whenever publication is required in any legal newspaper and the editor of such newspaper shall refuse to make the publication for any reason other than nonpayment of his fee for the same, it shall then be sufficient legal notice by publication to publish such notice in any other legal newspaper which would be qualified for publication of such notice under §§17-2-10 to 17-2-12, inclusive, in the event the newspaper refusing to publish such notice did not exist, or to give such notice in any legal manner available if no newspaper is then qualified to publish the same. The affidavit of any disinterested person that he presented such notice to the editor or foreman of such newspaper with request for publication and that publication was refused and stating the reason why such publication was refused if any was given, shall be attached to the proof of giving the notice as finally given and shall be prima facie evidence of its contents and the rights of any such person thereafter relying on the same in good faith, shall not be prejudiced by any claim that such publication was not in fact refused.
Source:
SDC 1939, §65.0509.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-16 - Designation of newspaper in which execution notice published.

17-2-16. Designation of newspaper in which execution notice published.
In all cases of publications of notices in connection with sales upon an execution, the plaintiff may designate the newspaper, published within the county, in which such notice shall be published.
Source:
SL 1887, ch 51, §1; CL 1887, §1430; SL 1891, ch 66; RPolC 1903, §1847; RC 1919, §7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, §65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-17 - Day on which weekly publication made--Interval between publications.

17-2-17. Day on which weekly publication made--Interval between publications.
Whenever in any act or statute providing for the publishing of notices, the phrase "successive weeks," "weeks successively," "consecutive weeks," or "weeks consecutively" is used, the term weeks shall be construed to mean calendar weeks, and the publication upon any day in such weeks shall be sufficient publication for that week, except that at least five days shall intervene between such publications, and all publications heretofore or hereafter made in accordance with the provisions of this section or §17-2-18 shall be deemed legal and valid.
Source:
SL 1889, ch 38; RCivC 1903, §2445; RC 1919, §8; SDC 1939, §65.0506; SL 1943, ch 317.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-18 - Weekly publication constituting publication for stated number of days.

17-2-18. Weekly publication constituting publication for stated number of days.
Unless the context otherwise plainly requires, whenever publication is directed by a statute or rule of court for a stated number of days or for not less than a stated number of days before or after the event to be noticed, it shall mean the publication once where the stated number of days is ten or less and at least once a week for two consecutive weeks where the stated number of days is eleven or more and only the first publication must be made prior to the stated period of time.
Source:
SDC 1939, §65.0506; SL 1943, ch 317; SL 1972, ch 129, §5.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-18.1 - Time allowed for publication of proceedings and reports of political subdivisions.

17-2-18.1. Time allowed for publication of proceedings and reports of political subdivisions.
It shall be the duty of publishers of official newspapers to cause publication of minutes of proceedings and reports required to be published by counties, municipal corporations and school districts to be made within ten days after receipt thereof. A publication made subsequent to such time shall not be deemed invalid but the publisher may thereby forfeit his right to payment therefor.
Source:
SL 1972, ch 129, §4.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-18.2 - Type size required for legal publication.

17-2-18.2. Type size required for legal publication.
Legal publications in official newspapers with a circulation of less than nine thousand shall be printed in not less than eight point type, and in official newspapers with a circulation of more than nine thousand in not more than six point type. A publication in violation of this section shall not invalidate any publication otherwise made in compliance with law but the newspaper printing the same may be denied payment therefor.
Source:
SL 1972, ch 129, §3; SL 1974, ch 159; SL 1977, ch 181.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-19 - Legal publication fees not otherwise prescribed--Review and adjustment.

17-2-19. Legal publication fees not otherwise prescribed--Review and adjustment.
If any legal publication of anything is required or allowed by law, and no other fee is prescribed for that publication, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum fee which may be charged for the publication. The bureau shall annually review and adjust rates to reflect changes in economic conditions within the newspaper industry and the general economy. The bureau shall consult with representatives of the daily and weekly newspaper industry and with representatives of local units of governments.
Source:
PolC 1877, ch 39, §22; SL 1887, ch 51, §1; CL 1887, §1430; SL 1891, ch 66; RPolC 1903, §1847; RC 1919, §7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, §65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500; SL 1968, ch 272; SL 1972, ch 128, §1; SL 1973, ch 139; SL 1976, ch 151, §1; SL 1982, ch 173, §§1, 2; SL 1989, ch 183, §§1-3; SL 2004, ch 142, §1.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-20 - Fees chargeable for second and subsequent publications.

17-2-20. Fees chargeable for second and subsequent publications.
The rates stated by §17-2-19 shall apply for the first insertion of a legal notice. Subsequent insertion shall be paid for at eighty percent of the stated charges.
Source:
SL 1887, ch 51, §1; CL 1887, §1430; SL 1891, ch 66; RPolC 1903, §1847; RC 1919, §7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, §65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-22 - Notices validated despite hearing or action in same week as final publication--Rights barred by no action.

17-2-22. Notices validated despite hearing or action in same week as final publication--Rights barred by no action.
All publications of notices which were made in the form, for the number of publications and length of time required by the law then applicable thereto, with the final publication on a day prior to hearing or other action pursuant to such notice and all orders and decrees entered, or other action taken, or permitted to be taken, based upon any such notice, prior to January 1, 1992, are hereby legalized and validated notwithstanding the fact that hearing was held, or other action had, or permitted to be had, in the same calendar week as the final publication of such notice.
If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source:
SL 1963, ch 468; SL 1992, ch 307, §5.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-22.1 - Affidavit of printer or publisher admissible in evidence--Prima facie evidence.

17-2-22.1. Affidavit of printer or publisher admissible in evidence--Prima facie evidence.
The affidavit of any printer, foreman of any printer, publisher of any newspaper, published in this state, or employee of such publisher having personal knowledge of the facts stated in said affidavit, of the publication of any notice, order, or advertisement which by any law of this state is required or authorized to be published in such newspaper, is entitled to be read in evidence in all courts, and in all proceedings before any officer, board, or body, and is prima facie evidence of such publication and of the facts stated therein.
Source:
CCivP 1877, §490; CL 1887, §5304; RCCivP 1903, §530; RC 1919, §2721; SL 1937, ch 184; SDC 1939 & Supp 1960, §36.1102; SDCL, §19-4-5; SL 1979, ch 154, §18.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-23 - Publication affidavits validated despite discrepancy in name of newspaper.

17-2-23. Publication affidavits validated despite discrepancy in name of newspaper.
Whenever it shall appear from the affidavit of publication of a notice or of other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds that the name of the newspaper in which such publication was had does not strictly conform to the name of newspaper contained in any order for the publication thereof or is not identical with the name of such newspaper, and where there is no reasonable ground for doubt as to the newspaper referred to in said affidavit and said order being one and the same newspaper, such affidavit of publication of said notice is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though said inconsistency or discrepancy hereinbefore referred to did not exist.
Source:
SL 1949, ch 445, §3; SDC Supp 1960, §65.0305-1 (3).
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-24 - Publication affidavits validated despite failure to describe status as legal newspaper.

17-2-24. Publication affidavits validated despite failure to describe status as legal newspaper.
Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that the newspaper in which such publication was had was a legal newspaper at the time such publication was made is hereby legalized and validated and said affidavits of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such newspaper was a legal newspaper at the time said publication was had.
Source:
SL 1949, ch 445, §1; SDC Supp 1960, §65.0305-1 (1).
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-25 - Publication affidavits validated despite failure to recite statutory authority for execution.

17-2-25. Publication affidavits validated despite failure to recite statutory authority for execution.
Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that it was executed by a person authorized by statute to make such affidavit of publication but from which it shall appear that the person making such affidavit knew the facts relative to such publication at the time such affidavit was made and affirmatively states that it was so made is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such affidavit was executed by a person authorized by statute to make such affidavit of publication.
Source:
SL 1949, ch 445, §2; SDC Supp 1960, §65.0305-1 (2).
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-26 - Vested rights protected against validating provisions.

17-2-26. Vested rights protected against validating provisions.
If any person has any vested right in any property by reason of any affidavit of publication which is or would be legally insufficient for any of the reasons set forth in §§17-2-23 to 17-2-25, inclusive, or any one or more of such sections, if no action or proceeding to enforce such right was begun on or before July 1, 1950, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state unless, on or before July 1, 1950, there was recorded in the office of the register of deeds of the county in which the real estate affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1949, ch 445, §4; SDC Supp 1960, §65.0305-1 (4).
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-27 - Publication affidavits validated without additional affidavit as to fees.

17-2-27. Publication affidavits validated without additional affidavit as to fees.
Any affidavit of the publication of a notice which has been filed or recorded before July 1, 1939, in any action or proceeding, or in the office of any register of deeds without having annexed thereto the additional affidavit contemplated by section 7074 of the Revised Code of 1919, is hereby legalized and validated, and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though said additional affidavit had been duly annexed thereto.
Source:
SL 1919, ch 1; SDC 1939, §65.0305.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 02 - Legal Newspapers and Publication of Notice › Section 17-2-28 - Notice, minutes, bids, and other published information--Publication cost--Online notice.

17-2-28. Notice, minutes, bids, and other published information--Publication cost--Online notice.
If the publication of any notice, minutes, bids, document, or other information is required by law by the state or any municipality, county, or school district, the public notice must bear inscriptions that list the approximate cost of the newspaper publication and that the notice may be viewed free of charge on a statewide public notice website maintained pursuant to §17-2-1. The inscriptions must be printed at the top or bottom of the public notice and in the same type size as the body of the public notice.
Source: SL 2009, ch 106, §1; SL 2022, ch 55, §4.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-1 - County commissioners to provide bulletin board--Location--Resolution of commissioners.

17-3-1. County commissioners to provide bulletin board--Location--Resolution of commissioners.
The county commissioners of each county shall provide a bulletin board which is adequate for the posting of legal notices. The bulletin board shall be located either at the entrance to the county courthouse or in one of the corridors of the courthouse commonly used by the public. If a county does not have a county courthouse, or maintains a separate building for the courts and their clerk, the bulletin board shall be located in one of the most public places in the county. In either event, the exact location where the bulletin board is to be maintained shall be designated and established by resolution of the board of county commissioners.
Source:
SDC 1939, §65.0513; SL 1967, ch 348, §1; SL 1978, ch 151, §1.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-2 - Posting on county bulletin board sufficient for statutory requirements--Elector to make posting.

17-3-2. Posting on county bulletin board sufficient for statutory requirements--Elector to make posting.
Whenever by statute or rule, the posting of any notice or court order is required as a manner and method of giving notice, it shall be sufficient compliance, unless the context of such statute or rule otherwise plainly requires, to post a copy of such notice or order upon the bulletin board designated pursuant to §17-3-1 and no additional postings need be made.
The posting provided by this section shall be made by an elector of the State of South Dakota.
Source:
SDC 1939, §65.0513; SL 1967, ch 348, §1.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-4 - Validation of prior notices posted on county bulletin board.

17-3-4. Validation of prior notices posted on county bulletin board.
All notices posted before July 1, 1967, are validated if they are made in conformity with §17-3-2 except as provided in §17-3-5.
Source:
SL 1967, ch 348, §2.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-5 - Preservation of rights against validation of prior notices.

17-3-5. Preservation of rights against validation of prior notices.
Any person deeming himself aggrieved by posting which was done prior to July 1, 1967, may bring an action to enforce his claimed rights on or before July 1, 1968. Nothing herein shall be construed to mean that the Legislature deems that such notice was insufficient but merely to give him a right to assert his rights by action provided he does so within the time herein limited.
Source:
SL 1967, ch 348, §3.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-6 - Validation of notice by posting in public building despite absence of designation by county commissioners.

17-3-6. Validation of notice by posting in public building despite absence of designation by county commissioners.
If a notice posted pursuant to §17-3-2 was posted on a bulletin board in or at a public building maintained in whole or in part by the county or utilized by the courts, and the building was commonly used by the public, then despite the absence of the designation of the bulletin board by the county commissioners or the designation by them of a bulletin board at a public place other than the county courthouse, such posting is hereby validated and legalized and is of the same force and effect as though it had been posted on a bulletin board designated in the manner specified by §17-3-1.
Source:
SL 1978, ch 150, §1; SL 1987, ch 29, §9.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 03 - Notice by Posting › Section 17-3-7 - Time allowed for assertion of right arising from irregular posting--Lis pendens.

17-3-7. Time allowed for assertion of right arising from irregular posting--Lis pendens.
If a person has a vested right in any property by reason of an omission referred to in §17-3-6, such right shall be forever barred, if no action or proceeding to enforce such right was commenced prior to July 1, 1979. No such action or proceeding may be maintained by a court of this state, unless prior to July 1, 1979, a notice of the pendency of such action was recorded in the office of the register of deeds of the county in which the real property affected is situated, in accordance with chapter 15-10.
Source:
SL 1978, ch 150, §2.
2023 South Dakota Codified Laws › Title 17 - Notice and Publication › Chapter 04 - Notice by Mail › Section 17-4-1 - Certified mail equivalent of registered mail.

17-4-1. Certified mail equivalent of registered mail.
Wherever any law of this state requires the service, mailing, or transmittal of an order, notice, or other thing whatsoever, by registered mail, it shall be a sufficient compliance with such law if in lieu thereof such service, mailing, or transmittal is made and done by certified mail.
Source:
SL 1957, ch 509; SDC Supp 1960, §65.0203.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-1 - Appointment by secretary of state--Term of office--Application procedure--Authority.

18-1-1. Appointment by secretary of state--Term of office--Application procedure--Authority.
The secretary of state shall appoint notaries public, who have residence in this state as defined in §12-1-4. A notary public shall hold office for six years unless sooner removed by the secretary of state. An applicant to become a notary public shall complete an application form as prescribed by the secretary of state pursuant to chapter 1-26. The applicant shall submit a fee of thirty dollars. The application shall include the applicant's name, street, city, state, zip code, county, and date of birth. The applicant shall apply in the same name as that which will appear as the seal imprint. Each notary may, anywhere in this state, administer oaths and perform all other duties required by law. The secretary of state may not appoint as a notary public any person who has been convicted of a felony. The secretary of state may also appoint an applicant as a notary public if the applicant resides in a county bordering South Dakota and the applicant's place of work or business is within the State of South Dakota.
Source:
SDC 1939, §32.1301; SL 1957, ch 176; SL 1979, ch 153, §1; SL 1997, ch 120, §1; SL 2003, ch 8, §6; SL 2008, ch 107, §1; SL 2009, ch 4, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-1.1 - Definitions.

18-1-1.1. Definitions.
Terms in this chapter mean:
(1)"Acknowledgment," a declaration by a person before a notarial officer that the person has signed a document for the purpose stated in the document and, if the document is signed by a representative who is:
(a)An authorized officer, agent, partner, trustee, or other representative of a person other than a natural person;
(b)A public officer, personal representative, guardian, or other representative in the capacity stated in a document;
(c)An attorney-in-fact for a natural person; or
(d)An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document;
(2)"Notarial act," an act that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument;
(3)"Notarial officer," a notary public or other person authorized to perform a notarial act;
(4)"Personal knowledge," a notarial officer has personal knowledge of the identity of an individual appearing before the officer if either:
(a)The individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. The notarial officer must have known and had regular interactions with the individual for an extended period of time. A mere acquaintance does not amount to personal knowledge for purposes of this definition; or
(b)The notarial officer represents the individual as their attorney, real estate agent, auctioneer, or public accountant, or any combination thereof;
(5)"Verification on oath or affirmation," a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true;
(6)"Video communication technology," an electronic device or process that allows a notarial officer physically located in this state and a remotely located person not in the physical presence of the notarial officer to communicate in real-time with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments.
Source:
SL 2019, ch 100, §1; SL 2021, ch 89, § 1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-2 - Oath and bond of notary.

18-1-2. Oath and bond of notary.
Each notary public, before performing the duties of the office, shall take an oath as required by §3-1-5, and shall give a bond to this state, to be approved by the attorney general, in the penal sum of five thousand dollars, conditioned for the faithful discharge of the duties of the office.
Source:
SL 1862, ch 62, §2; PolC 1877, ch 17, §2; CL 1887, §496; RPolC 1903, §735; RC 1919, §5236; SDC 1939 & Supp 1960, §32.1303; SL 1974, ch 55, §23; SL 1997, ch 120, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-3 - Seal, oath, and bond filed with secretary of state.

18-1-3. Seal, oath, and bond filed with secretary of state.
Every notary public before entering upon the duties of his office, shall provide an official seal and file an impression of the same, together with his oath and bond, in the Office of the Secretary of State.
Source:
SL 1862, ch 62, §8; PolC 1877, ch 17, §8; CL 1887, §503; RPolC 1903, §742; RC 1919, §5243; SDC 1939 & Supp 1960, §32.1303.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-3.1 - Requirements of seal--Commission expiration date required below seal.

18-1-3.1. Requirements of seal--Commission expiration date required below seal.
A notarial officer shall have a seal that shall be used for the purpose of acknowledging a document. The seal shall be of a type approved by the secretary of state and shall contain at least:
(1)The notarial officer's name;
(2)The words, South Dakota;
(3)The words, notary public; and
(4)A border surrounding the imprint.
A seal may be a rubber stamp or a physical device capable of affixing to or embossing on a tangible document. A rubber stamp seal shall contain the word, seal.
A notarial officer shall indicate the date on which the notarial officer's commission expires below the seal under this section.
Source:
SL 1988, ch 180; SL 2008, ch 107, §2; SL 2019, ch 100, §3.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-4 - Issuance of commission--Posting--Records maintained by secretary of state.

18-1-4. Issuance of commission--Posting--Records maintained by secretary of state.
The secretary of state shall issue a commission to each notary public which shall be posted in a conspicuous place in the notary's office for public inspection. The secretary of state shall keep in his office a record of such appointments and the date of their expiration.
Source:
SL 1889, ch 104, §1; RPolC 1903, §734; RC 1919, §5235; SDC 1939 & Supp 1960, §32.1302; SL 1979, ch 153, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-7 - Notarial acts of interested person or agent valid if not principal party to instrument.

18-1-7. Notarial acts of interested person or agent valid if not principal party to instrument.
A person who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any other person or party to a transaction concerning which the person is performing the function of a notary public, may make any certificate, take any acknowledgment, administer any oath, or do any other official act as a notary public with the same legal force and effect as if the person had no interest, provided the instrument or document does not show upon its face that the person is a principal party to the instrument or document.
Source:
SL 1911, ch 197; RC 1919, §5250; SDC 1939 & Supp 1960, §32.1308; SL 2019, ch 100, §4.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-9 - Fee chargeable by notary.

18-1-9. Fee chargeable by notary.
A notary public may charge and receive a fee not to exceed ten dollars for each instrument notarized, except that no notary public may charge a fee for notarizing a request for an absentee ballot.
Source:
SDC 1939 & Supp 1960, §32.1312; SL 1979, ch 153, §4; SL 1997, ch 120, §3; SL 2004, ch 143, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-10 - Faith and credit to notarial acts.

18-1-10. Faith and credit to notarial acts.
Full faith and credit shall be given to all the protestations, attestations, and other instruments of publication, of all notaries public now in office or hereafter to be appointed under the provisions of this chapter.
Source:
SL 1862, ch 62, §11; PolC 1877, ch 17, §11; CL 1887, §507; RPolC 1903, §746; RC 1919, §5247; SDC 1939 & Supp 1960, §32.1309.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-11 - Affixing official signature without appearance by parties as misdemeanor.

18-1-11. Affixing official signature without appearance by parties as misdemeanor.
A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official signature to any document when the parties to the transaction memorialized in the document have not appeared before the person either in-person or in accordance with §18-1-11.1.
Source:
SL 1887, ch 116, §1; CL 1887, §508; RPolC 1903, §747; RC 1919, §5248; SDC 1939 & Supp 1960, §32.1313; SL 1979, ch 153, §5; SL 2019, ch 100, §5.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-11.1 - Notarial act--Video communication technology--Requirements.

18-1-11.1. Notarial act--Video communication technology--Requirements.
A notarial officer in this state, while located in this state, may perform a notarial act executed on a tangible document by a person not in the physical presence of the notarial officer, but observed by the notarial officer through means of video communication technology, if the notarial officer:
(1)Has personal knowledge of the identity of a person through dealings sufficient to provide reasonable certainty that the person has the identity being claimed;
(2)Affixes the notarial officer's signature to the original tangible document executed by the person;
(3)Indicates in the notarial certificate the remote location of the person executing the document;
(4)Indicates in the notarial certificate that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology; and
(5)Is able reasonably to confirm that the document before the notarial officer is the same document in which the person made the statement or on which the person executed a signature.
Source:
SL 2019, ch 100, §2; SL 2021, ch 89, § 2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-12 - Acting after expiration of term or disqualification as misdemeanor.

18-1-12. Acting after expiration of term or disqualification as misdemeanor.
It is a Class 2 misdemeanor for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified.
Source:
SL 1887, ch 116, §1; CL 1887, §508; RPolC 1903, §747; RC 1919, §5248; SDC 1939 & Supp 1960, §32.1313; SL 1979, ch 153, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-12.1 - Performing notarial act without commission as misdemeanor.

18-1-12.1. Performing notarial act without commission as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person performs a notarial act on any document without first obtaining a commission from the secretary of state under §18-1-4.
Source:
SL 1997, ch 120, §5; SL 2019, ch 100, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-12.2 - Party to transaction as notary public prohibited.

18-1-12.2. Party to transaction as notary public prohibited.
It is a Class 1 misdemeanor for a person to affix a signature to a document as a notary public when the person has also signed the document as a party to the transaction proceeding.
Source:
SL 1997, ch 120, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-13 - Removal of notary from office for violation.

18-1-13. Removal of notary from office for violation.
Any notary public who is convicted of committing an act which is designated as a misdemeanor in this chapter or any felony shall be removed from office by the secretary of state.
Source:
SDC 1939, §§13.1254, 32.1313; SDC Supp 1960, §32.1313; SL 1979, ch 153, §7; SL 1997, ch 120, §4.