reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-17 - Enforcement against property of claim against deceased defendant.

21-41-17. Enforcement against property of claim against deceased defendant.
Any creditor of any deceased person, made a party defendant to an action brought pursuant to §21-41-1, may set forth in his answer, his claim against such decedent, and if the amount and validity of such claim be established upon the trial and it be also established that the estate of said decedent has never been administered and that the premises involved in the action are subject to the payment of such claim, such claimant may have judgment in the action for the amount of his claim and taxable costs against the premises involved in the action, and unless the same shall be paid by the plaintiff or some other party to the action having the right to pay the same within such time as shall be prescribed by the judgment of the court, said premises may be sold to pay the same, upon the notice and in the manner provided by law for sales of real property on execution.
Source:
SL 1903, ch 194, §8; SL 1905, ch 81; RC 1919, §2854; SDC 1939 & Supp 1960, §37.1506.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.

21-41-18. Jurisdiction of court to determine rights in decedents' estates.
The court shall have jurisdiction in such action to determine who are the heirs at law, devisees, and legatees of any deceased person who had in his lifetime any interest in or lien or encumbrance on the premises involved between themselves, as well as with respect to the rights of the plaintiff, and to make an adjudication upon the rights of such heirs, devisees and legatees and of all creditors of such deceased persons in and to such premises, which shall be valid and binding upon them and upon all the world, and if such heirs at law, devisees, and legatees of such deceased person and the creditors of such deceased person and the unknown defendants in said action, or any of them, shall fail to appear in such action and set forth and assert their interest in or claim to the premises involved, they shall be by the judgment and decree of the court forever barred and enjoined from thereafter claiming or asserting any title or interest in or lien or encumbrance upon or claim to the premises involved in the action.
Source:
SL 1903, ch 194, §4; SL 1905, ch 81; RC 1919, §2849; SDC 1939 & Supp 1960, §37.1508.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.

21-41-19. Jurisdiction of decedent's estate from time of publication of summons.
From the time of the publication of the summons, as directed in §§21-41-8 and 21-41-9, the circuit court shall have jurisdiction of the estate of any deceased person described in §21-41-18, to make final settlement thereof, so far as may be necessary to a complete determination of the title to the premises involved, or of the interest or lien of any party or parties therein.
Source:
SL 1903, ch 194, §4; SL 1905, ch 81; RC 1919, §2849; SDC 1939 & Supp 1960, §37.1508.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.

21-41-22. Allowance of plaintiff's claim for improvements--Value alleged in complaint.
In an action brought to determine adverse claims to real estate, under the provisions of this chapter, affecting real estate upon which permanent improvements have been made by a plaintiff, or those under whom he claims, holding under color of title adversely to the claim of a defendant or intervenor, in good faith, if such plaintiff is unsuccessful, the value of such improvements must be allowed as a claim in favor of such plaintiff. In order to be entitled to maintain such claim, said plaintiff, either in his original complaint, or by amended complaint, must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. In such case, said action shall proceed as provided in §21-41-15.
Source:
SL 1949, ch 140, §2; SDC Supp 1960, §37.1516-1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-23 - Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.

21-41-23. Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.
The judgment of the court upon findings pursuant to §21-41-22, if in favor of the defendant or intervenor, for the recovery of the real property, and in favor of the plaintiff or intervenor for the value of such improvements, shall require the person found entitled to recover said real property to pay to the person entitled to recover for such improvements the value of the improvements as determined by such findings, within sixty days from the rendition of such judgment, less the amount of the damages, if any, recovered, for withholding the land, and for waste committed upon said land by the party adjudged entitled to recover the value of such improvements; and until such payment, or a tender of deposit in the office of the clerk of courts in which such action is pending, no execution or other process shall issue in such action to dispossess the person entitled to the value of such improvements, his heirs or assigns; and in default of such payment by the person entitled to recover said real property, the person entitled to the value of the improvements shall pay to the person entitled to recover the real property the value of said land as determined by such findings, and the damages, if any, recovered, for withholding same and for waste committed upon said land by him.
Source:
SL 1949, ch 140, §3; SDC Supp 1960, §37.1516-2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.

21-41-24. Bond required to indemnify against defenses permitted after judgment.
Before the entry of judgment in such action, the plaintiff must execute a bond of indemnity to the defendants in the action who shall be served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct, conditioned that if any defendant shall be permitted to defend after judgment, as provided in §21-41-25, and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action. Provided, however, that personal service of the summons and complaint outside of this state, in the manner provided by the laws of this state, shall, for the purposes of this section, be deemed personal service and not service by publication.
Source:
SL 1903, ch 194, §9; SL 1905, ch 81; RC 1919, §2855; SDC 1939, §37.1514; SL 1943, ch 138.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-1 - Tax purchasers entitled to bring action--Purpose of action.

21-42-1. Tax purchasers entitled to bring action--Purpose of action.
In addition to and not in lieu of the method otherwise provided by the statutes of this state for the taking of tax deeds any purchaser of property at tax sale, or his assigns, including the county where property is bid in by the county treasurer for lack of bidders, desiring a tax deed for any such property or desiring to quiet the title to property already covered by tax deeds may bring an action in the circuit court for the county within which such real property is situated, which said action shall be brought as an action in equity, and except as herein provided, shall be prosecuted the same as in other civil actions.
Source:
SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-2 - Time of bringing action.

21-42-2. Time of bringing action.
Said action may be commenced at any time after the expiration of four years from the date of the tax certificate or certificates and in cases where the action be commenced upon existing tax deeds, said action may be commenced at any time.
Source:
SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-3 - Delinquent taxes paid before action brought.

21-42-3. Delinquent taxes paid before action brought.
Before bringing such action, the plaintiff, unless it be the county, shall pay delinquent taxes assessed subsequent to the date he procured the certificate of sale which may then be due to the county.
Source:
SL 1941, ch 161, §1; SL 1943, ch 140; SDC Supp 1960, §37.16A01.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-4 - Commencement by summons and complaint--Party plaintiff--Known and unknown parties defendant.

21-42-4. Commencement by summons and complaint--Party plaintiff--Known and unknown parties defendant.
The action shall be commenced by the filing of a summons and complaint as in other civil actions as required by the statutes of the State of South Dakota in which the party or parties so commencing the same shall be named as plaintiff, or plaintiffs, and all persons who have or claim to have, or who appear of record to have any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint, or any part thereof, or if dead, their heirs, devisees, legatees, personal representatives, or creditors, known or unknown, or any or either of them, and all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof, shall be named as defendants; if the county is the applicant, the action shall be brought in the name of the county.
Source:
SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-5 - Joinder of different tracts in same action--Joinder of parties defendant.

21-42-5. Joinder of different tracts in same action--Joinder of parties defendant.
Several tracts of land, contiguous or noncontiguous, and whether owned by different defendants and whether sold at the same time or different times, may be set forth in one complaint and all persons claiming any title to, or interest in or lien upon, any of said premises, or any part thereof, although their said claims are independent and not in common and do not cover the same tracts may be joined as defendants.
Source:
SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-6 - Contents of complaint.

21-42-6. Contents of complaint.
The complaint shall, among other things, set forth the description of the real property involved, the year in which the delinquent taxes were assessed, the amount for which the property was sold, the amount of taxes subsequently paid, the date of the sale of said property, the person to whom sold, the nature of the interest in each separate part of said land held by the respective defendants, or any of them and the amount of money necessary to redeem said lands from said sale.
Source:
SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-7 - Procedural rules not exclusive of other procedures to perfect tax title.

21-42-7. Procedural rules not exclusive of other procedures to perfect tax title.
The rules of procedure outlined by §§21-42-4 to 21-42-6, inclusive, shall apply to actions hereafter brought to procure tax deeds under the provisions of this chapter, or to perfect titles under existing tax deeds, but shall not be exclusive of any other statutory procedure to procure tax deeds and to quiet title upon tax deeds.
Source:
SL 1941, ch 161, §2; SL 1943, ch 140; SDC Supp 1960, §37.16A02.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-8 - Summons and complaint in same form as for civil actions--Service as in quiet title actions.

21-42-8. Summons and complaint in same form as for civil actions--Service as in quiet title actions.
The summons and complaint must be of the same form and substance as otherwise provided by the laws of this state for the commencement of civil actions, and shall be served in the same manner as provided by §§21-41-8 and 21-41-9.
Source:
SL 1941, ch 161, §4; SL 1943, ch 140; SDC Supp 1960, §37.16A04.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-9 - Lis pendens notice recorded by register of deeds--Destruction of records.

21-42-9. Lis pendens notice recorded by register of deeds--Destruction of records.
Upon the filing of the summons and complaint, a notice of pendency of the action shall be recorded in the office of the register of deeds of the county in which the action is pending; the lis pendens so recorded shall be filed and recorded by the register of deeds in the same manner and as required by law for the recording of instruments concerning real property. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1941, ch 161, §3; SL 1943, ch 140; SDC Supp 1960, §37.16A03; SL 1981, ch 45, §18.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-10 - Redemption of land by defendant--Certificate of redemption--Apportionment of taxes assessed--Personal property taxes.

21-42-10. Redemption of land by defendant--Certificate of redemption--Apportionment of taxes assessed--Personal property taxes.
Any defendant to an action may make redemption of the lands from tax sales by paying the total amount of delinquent taxes, penalties and interest thereon at the Category D rate of interest as established in §54-3-16, which shall have been paid by the plaintiff or which is due the county, if the county is plaintiff, together with costs of the action. Upon payment, a certificate of redemption shall be issued by the county treasurer of the county to the defendant and the action shall be dismissed. If a defendant desires to redeem from a tax sale and pay all subsequent taxes and costs upon any lot, piece, or parcel of real estate, the county treasurer shall permit redemption and payment in all cases where tax deeds have not been issued prior to July 1, 1941. If the real estate has been assessed together with other real estate, then the county treasurer shall compute and apportion the tax that should have been assessed against the real estate sought to be redeemed as if the property had been separately assessed. In cases which have undivided interests in real property so assessed as shown of record, the county treasurer shall compute and apportion the tax according to the interests sought to be redeemed. Any personal property taxes which are a lien upon the real estate shall be computed and apportioned on the same percentage basis as the tax assessed against the real estate is apportioned.
Source:
SL 1941, ch 161, §5; SL 1943, ch 140; SDC Supp 1960, §37.16A05; SL 1983, ch 28, §38; SL 1984, ch 319, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-11 - Appearance by defendant--Defenses permitted.

21-42-11. Appearance by defendant--Defenses permitted.
Any defendant may appear in said action within the time provided by law for appearances in civil actions and may set up any defense to said action he may have, and may therein question the legality, validity, or sufficiency of any act had in connection with the assessment thereof, the tax levy thereon, or sale of said land.
Source:
SL 1941, ch 161, §5; SL 1943, ch 140; SDC Supp 1960, §37.16A05.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-12 - Venue of action.

21-42-12. Venue of action.
Such action shall be tried in the circuit court for the county in which said premises are situated.
Source:
SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-13 - Proof required on default judgment--Treasurer's certificate as prima facie evidence.

21-42-13. Proof required on default judgment--Treasurer's certificate as prima facie evidence.
No judgment shall be entered against any defendant in default without proof of the allegations of the complaint, but the treasurer's certificate of sale shall be prima facie evidence of the validity, legality, and sufficiency of all of the proceedings leading up to the issuance of such certificate in all cases.
Source:
SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-14 - Findings of fact and conclusions of law.

21-42-14. Findings of fact and conclusions of law.
The court shall make findings of fact and conclusions of law and in its conclusions of law determine the fair and reasonable value of the land; that the land was subject to taxation and was duly and legally assessed; the year for which it was assessed; the amount of the assessment thereof; that said land was sold for delinquent taxes; that due notice of the sale of the land was given as provided by law; the date of the sale thereof; the person to whom sold; the amount for which it was sold; the fact of the assignment of the certificate of sale, if assigned; that the said land or any part thereof has not been redeemed from said sale, if such be the case; that the defendants named were proper parties to said action, and that if there are any persons other than those named who should have been named as defendants in said action, they were wholly unknown to the plaintiff at the time of the commencement of the action, and determine the amount of the bond as provided in §21-42-15 to be given.
Source:
SL 1941, ch 161, §7; SL 1943, ch 140; SL 1945, ch 165, §1; SDC Supp 1960, §37.16A07.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-15 - Bond required of plaintiff to indemnify against successful defense after judgment.

21-42-15. Bond required of plaintiff to indemnify against successful defense after judgment.
Before the entry of judgment in such action, the plaintiff, if other than the county, must execute a bond of indemnity to the defendants in the action who shall have been served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct in its findings of fact, conditioned that if any defendant so served by publication shall be permitted to defend after judgment, as provided in §21-42-19, and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action, provided that the value of the interest of such defendant cannot exceed and must be based upon the value of the premises as found by the court in said judgment.
Source:
SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-16 - Contents of judgment--Direction to issue deed--Costs.

21-42-16. Contents of judgment--Direction to issue deed--Costs.
The judgment entered on the findings of fact and conclusions of law in all cases under the provisions of this chapter, shall decree that such judgment is binding and conclusive upon the defendants named and served therein, and upon all defendants who are unknown to the plaintiff at the time of the commencement of said action, and that all defendants are forever barred and enjoined from claiming or asserting any claim, right, title or interest of any kind whatsoever in and to the property described in said judgment, or any part thereof; said judgment by its terms shall order and direct the county treasurer of said county to issue a deed of conveyance in the name of the State of South Dakota to the plaintiff for said land and decree that said deed shall vest in the plaintiff the title to said premises in fee simple, free and clear of all cloud on the title thereof by reason of any claim or any estate or interest in or lien or encumbrance upon said premises, or any part thereof, by any persons known or unknown and made defendants in said action. The court shall allow the successful party his costs.
Source:
SL 1941, ch 161, §§6, 7; SL 1943, ch 140; SL 1945, ch 165, §1; SDC Supp 1960, §§37.16A06, 37.16A07.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-17 - Tax deed issued by treasurer--Form--Acknowledgment.

21-42-17. Tax deed issued by treasurer--Form--Acknowledgment.
Upon filing with the county treasurer of a certified copy of the decree and judgment hereinbefore provided by §21-42-16, he must issue a tax deed to the real estate described in the judgment which deed in substance shall be as follows:
"Whereas, ________ did on the ________ day of ________, 20____, produce to the undersigned, ________, treasurer of the county of ________, in the State of South Dakota, a certified copy of a judgment and decree entered by the circuit court of the ________ Judicial Circuit of the State of South Dakota, for the county of ________, in an action wherein ________ was plaintiff, and ________, defendant, which certified copy has been filed in the office of the county treasurer of the said county, from which it appears that the said property, hereinafter described was sold to ________ for the sum of ________, being the amount due thereon for the nonpayment of taxes, penalties, interest, and costs for the year 20____ and certificate of tax sale was duly issued and filed as required by law, and it further appearing that by virtue of the judgment and decree hereinbefore referred to that a conveyance of said lands be issued to the said ________.
Now, therefore, this indenture made this ________ day of ________, 20____, between the State of South Dakota, by ________, treasurer of said county, party of the first part, and the said ________ of the second part. Witnesseth: that the said party of the first part, for and in consideration of the premises and the sum of one dollar in hand paid, has granted, bargained and sold and by these presents does grant, bargain, sell, and convey unto the said party of the second part, ________ heirs and assigns, forever, the following described real property situated in the county of ________ in the State of South Dakota, to wit: (describe the land), to have and to hold with the appurtenances thereto belonging to the said party of the second part, ________ heirs and assigns forever.
In testimony whereof the said ________, treasurer of said county of ________ has hereunto set his hand on the day and year first above written.
________________________________
Treasurer of __________ County
Attest:
______________________________
Auditor __________ County"'
(SEAL)
Such deed shall be acknowledged by the treasurer before some person authorized by law to take acknowledgements of deeds.
Source: SL 1941, ch 161, §9; SL 1943, ch 140; SDC Supp 1960, §37.16A09.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-18 - Estate vested in grantee by deed.

21-42-18. Estate vested in grantee by deed.
A deed issued pursuant to this chapter shall vest in the grantee an absolute estate in fee simple in such real property, subject, however, to all claims which the state may have therein for taxes, liens, or encumbrances.
Source:
SL 1941, ch 161, §10; SL 1943, ch 140; SDC Supp 1960, §37.16A10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-19 - Relief from default judgment.

21-42-19. Relief from default judgment.
The court may, in its discretion and upon such terms as may be just, at any time within one year after the entry of judgment, relieve a defendant in such action, served by publication of the summons, from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow such party to defend the action, but the defense, if successful, shall not affect the title of the plaintiff, or his successors in interest to, or valid encumbrancers of, said premises.
Source:
SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-20 - Bond not required of county--Liability on successful defense after judgment.

21-42-20. Bond not required of county--Liability on successful defense after judgment.
The county as plaintiff shall not be required to furnish a bond pursuant to §21-42-15, but shall be liable for the value of the interest of a defendant served by publication and permitted to defend to the same extent and for the same length of time and under the same provisions as set out in §21-42-19 in cases where the county is not the plaintiff.
Source:
SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 42 - Actions To Quiet Tax Title › Section 21-42-21 - Employment of additional counsel to assist state's attorney.

21-42-21. Employment of additional counsel to assist state's attorney.
In counties where it shall be determined by the board of county commissioners of such county that the state's attorney of such county is unable to handle the work required in the prosecution of the action or actions as herein authorized by reason of the additional work imposed upon him by the adoption of this chapter, then and in such cases, the state's attorney is hereby authorized to contract with additional counsel to prosecute and bring such action or actions herein authorized, which additional counsel shall be by the state's attorney appointed as an assistant state's attorney, the contract with such additional counsel to be approved by the county commissioners, and his compensation paid out of the appropriate fund of said county.
Source:
SL 1941, ch 161, §6; SL 1943, ch 140; SDC Supp 1960, §37.16A06.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety › Section 21-43-1 - Action to determine adverse claim to money, property or chose in action.

21-43-1. Action to determine adverse claim to money, property or chose in action.
An action may be brought by one person against another, for the purpose of determining an adverse claim which the latter makes against the former, for money or property including a chose in action upon an alleged obligation.
Source:
SL 1903, ch 118; RC 1919, §2872; SDC 1939 & Supp 1960, §37.1601.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety › Section 21-43-2 - Action by surety to compel satisfaction of debt.

21-43-2. Action by surety to compel satisfaction of debt.
An action may be brought against two or more persons for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety.
Source:
SL 1903, ch 118; RC 1919, §2872; SDC 1939 & Supp 1960, §37.1601.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety › Section 21-43-3 - Procedure.

21-43-3. Procedure.
The procedure for actions under this chapter shall be according to the provisions of Title 15, but such of the provisions of chapters 21-14 and 21-41 as are not inconsistent with those of Title 15 shall be applicable to actions under this chapter.
Source:
SDC 1939 & Supp 1960, §37.1602.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-1 - Definition of terms.

21-44-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1)"Life tenant," any person who under the terms of any will, deed, grant, mortgage, assignment, or other instrument holds during his lifetime any right, title, or interest in, or lien or encumbrance upon, real estate or personal property within this state, which right, title, or interest or lien or encumbrance, by the terms of such will, deed, grant, mortgage, assignment, or other instrument, terminates upon and by reason of his death, and by such terms thereupon passes to some other designated person or persons; and including an interest as a joint tenant or joint owner as distinguished from a tenant in common or owner in common of such real estate, or such lien or encumbrance;
(2)"Remainderman," any person or persons to whom by such terms of such will, deed, grant, mortgage, assignment, or other instrument, such right, title, or interest or lien or encumbrance, or any part or portion thereof, passes upon the death of the life tenant, and including a surviving joint tenant or surviving joint owner, and the successor in interest of any of them.
Source:
Supreme Court Rule 572, 1939; SDC 1939 & Supp 1960, §37.1201.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-2 - Recording death certificate--Prima facie evidence--Affidavit identifying property.

21-44-2. Recording death certificate--Prima facie evidence--Affidavit identifying property.
In all cases of joint tenancy in lands or personal property, and in all cases where any estate, title or interest in, or lien upon, lands or personal property has been or may be created, which estate, title, interest, or lien was or is to continue only during the life of any person named or described in the instrument by which such estate, title, interest or lien was created, a copy of the record of the death of any such joint tenant or of the person upon whose life such estate, title, interest, or lien was or is limited, duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which such lands are situated or in the proper office for filing as to such personal property. The record of such certified copy is prima facie evidence of the death of such person and the termination of such joint tenancy and of all such estate, title, interest, and lien as was or is limited upon the life of such person. In order to identify the property affected by the death of such person, the person causing the certificate to be recorded shall attach thereon an affidavit setting out the legal descriptions of the property involved.
This section shall not be treated or construed as exclusive of any other remedy authorized by law or rule of court but as cumulative to such other remedy.
Source:
SL 1957, ch 198; SDC Supp 1960, §37.1214; SL 2001, ch 109, §1; SL 2021, ch 34, § 3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.

21-44-3. Proceeding for termination of life estate--Contents of verified petition.
Any person who claims that a life tenant is deceased may file in the circuit court for the county in which is situated the real estate or personal property involved or some portion thereof, his duly verified petition setting forth:
(1)A description of the real estate or personal property involved;
(2)A complete identification of the instrument which is the basis of the proceeding, and a statement of the book and place of record thereof within this state;
(3)The fact as to the date and place of death of the life tenant;
(4)The last known post office address of the life tenant;
(5)The names and post office addresses, so far as known to the petitioner, of the surviving heirs or heirs at law of the life tenant;
(6)A statement of the names and addresses of the remaindermen entitled to such property on the expiration of the life estate.
Source:
Supreme Court Rule 573, 1939; SDC 1939, §37.1203; Supreme Court Rule adopted August 10, 1943.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-4 - Joinder of proceedings as to two or more life tenants.

21-44-4. Joinder of proceedings as to two or more life tenants.
In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, where it is claimed that two or more life tenants are deceased, each of whom had an interest in the property involved, or part thereof, all such life tenancies may be included in one proceeding.
Source:
Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.

21-44-5. Joinder of proceedings as to all property held by life tenant.
In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, all property in which an interest was held by any life tenant may be included in one proceeding notwithstanding the fact that the remaindermen may be different, in whole or in part, as to any such property.
Source:
Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-6 - Life estates in personal property subject to termination--Joinder with proceedings as to real property.

21-44-6. Life estates in personal property subject to termination--Joinder with proceedings as to real property.
In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, the right of a life tenant in personal property may be terminated either as the sole purpose of the proceeding or in connection with the termination of an interest in real estate, for which purpose the designation of real property in any such statute or rule of court shall be deemed to include personal property, and reference therein to recording data or recording as applying to real property shall be construed to include filing data or filing as may be applicable to personal property.
Source:
Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-7 - Lis pendens notice required if property in another county affected.

21-44-7. Lis pendens notice required if property in another county affected.
If a petition filed pursuant to §21-44-3 describes real estate or personal property situated in any county other than that in which such petition is filed, immediately after the filing of such petition, there shall be recorded in the office of the register of deeds of such other county or counties or in the proper office for filing with respect to such personal property a notice of the pendency of the proceeding, containing the title and the object of the proceeding and a description of the property to be affected thereby.
Source:
Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SDC Supp 1960, §37.1205.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.

21-44-8. Order fixing time and place for hearing on petition--Contents.
Upon the filing of the petition, the court shall enter an order which shall set forth the name of the petitioner, the name of the life tenant, a description of the real estate or personal property involved, the date of the death of the life tenant, as set forth in the petition, and the nature of the right, title, or interest, or lien or encumbrance as to which the petition prays the termination, and the time and place for hearing.
Source:
Supreme Court Rule 574, 1939; SDC 1939, §37.1204; Supreme Court Rule, Order No. 3, 1954; SL 1982, ch 174, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-9 - Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.

21-44-9. Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.
Notice of the hearing shall be given by publication of the order for hearing in a legal newspaper of the county in which such petition is filed, once a week for three successive weeks prior to the hearing, and by mailing by regular mail true copies of the order addressed to the life tenant at the life tenant's last known post office address, to the Department of Social Services in Pierre, South Dakota, to the remaindermen entitled to the property on the expiration of the life estate, and to the heirs or heirs at law of the life tenant at their respective post office addresses as set forth in the petition, at least fourteen days prior to the date of the hearing. The court may, in the order for hearing, require any other or further notice to be given which the court deems reasonable. The department need not be specifically named in the notice and may file a claim for any indebtedness owed pursuant to §§28-6-23 to 28-6-27, inclusive, at or before the hearing.
Source:
SDC 1939, §37.1205; Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SL 1982, ch 174, §4; SL 1994, ch 229, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.

21-44-11. Validation of prior inheritance tax determinations in circuit court.
All proceedings had prior to July 1, 1953, in any of the circuit courts of this state for the termination of a life estate, or life estates, wherein
(1)An inheritance tax report has been filed with the Department of Revenue of the State of South Dakota; and
(2)His receipt therefor has been issued; and
(3)A stipulation has been made by him as to whether or not any inheritance tax is due the State of South Dakota, and if so, the amount thereof, upon which the court has issued and entered its order declaring whether or not any inheritance tax is due the state, and if so the amount thereof; are hereby legalized, cured and validated; and all such proceedings are hereby declared to be in all respects of like force and effect as though the determination of such inheritance tax was had in the county court.
Source:
SL 1953, ch 207, §2; SDC Supp 1960, §65.0345; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.

21-44-12. Persons permitted to appear at hearing on termination of estate.
Upon the hearing ordered pursuant to §21-44-8 any person interested may appear and be heard on the question of whether the relief prayed for in the petition is to be granted.
Source:
Supreme Court Rule 576, 1939; SDC 1939, §37.1206; Supreme Court Rule adopted August 10, 1943.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-13 - Procedure on contested petitions.

21-44-13. Procedure on contested petitions.
If the petition is contested, the procedure shall be the same as upon other trials to the court, and the court must make findings of fact and conclusions of law unless the same are waived by any method of waiver provided by law.
Source:
SDC 1939 & Supp 1960, §37.1207.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-14 - Inquiry and proof required on uncontested petition.

21-44-14. Inquiry and proof required on uncontested petition.
Whether or not such petition is opposed, the court must inquire into the matters set forth and shall grant the prayer of such petition only if satisfied that the life tenant is in fact deceased, and that his right, title, or interest in, or lien or encumbrance upon, the real estate or personal property involved, has terminated by reason of his death.
Source:
Supreme Court Rule 576, 1939; SDC 1939, §37.1206; Supreme Court Rule adopted August 10, 1943.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-15 - Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.

21-44-15. Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.
Clear and convincing proof of the identity and death of the life tenant must be submitted. If the court is not satisfied with the proof offered at the hearing whether it be contested or not, the court may adjourn such hearing to a convenient future date, and require the petitioner at such adjourned hearing to produce a certified copy of the death certificate of the life tenant, if he died within a state where such certificates are a matter of public record, or in lieu thereof, the affidavits of two or more persons, that they knew the life tenant in his lifetime, and after his death saw his body.
If such affidavits are made outside South Dakota, they must be accompanied by a statement of an officer of the state or country where such affidavits are made, that he personally knows affiants, that they are persons having a good reputation for truth and veracity, and as law abiding citizens.
Source:
Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-16 - Statement or affidavit establishing death of person in military service.

21-44-16. Statement or affidavit establishing death of person in military service.
If the life tenant was in the military service at the time of his death, the written statement of his commanding officer giving the facts of his death, signed by such commanding officer with his rank and organization, or the affidavit of one or more soldiers who knew the fact of his death, may be accepted in lieu of any of the proof required by §21-44-15.
Source:
Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-17 - Presumption of death after seven years' absence.

21-44-17. Presumption of death after seven years' absence.
If any person upon whose life any estate or interest in property depends, remains without the United States or absents himself in the state or elsewhere for seven years together, such person must be accounted naturally dead in any action or special proceeding concerning any such property in which his death shall come in question unless sufficient proof be made in such case that he is living.
Source:
CCivP 1877, §498; CL 1887, §5312; RCCivP 1903, §537; RC 1919, §2729; SDC 1939, §36.0205; SL 1957, ch 191.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.

21-44-18. Denial of petition if proof insufficient--Order to proceed in quiet title action.
If the court is not satisfied with the proof finally offered, the court may deny the petition or order the petitioner to proceed under chapter 21-41.
Source:
Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-19 - Judgment finding life tenant deceased and terminating life estate--Effect of judgment.

21-44-19. Judgment finding life tenant deceased and terminating life estate--Effect of judgment.
Upon the completion of the hearing and compliance with the procedure and proof required by this chapter, the court may make an order or judgment, finding as a fact upon the question of the death of the life tenant and adjudicating upon the termination of the life tenant's right, title, interest, lien, or claim upon the property involved. The order or judgment of the court shall be of the same force and effect and finality of other judgments of the circuit court. If the court shall find or adjudge as a fact that the life tenant is deceased, such adjudication terminates all right, title, interest, lien, or claim of such life tenant and those claiming under him adversely to the remainderman or his successor in interest, unless the same is asserted as provided in §21-44-24.
Source:
SDC 1939 & Supp 1960, §37.1207.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 44 - Termination Of Life Estates › Section 21-44-20 - Validation of prior proceedings as to personal property.

21-44-20. Validation of prior proceedings as to personal property.
All proceedings had prior to July 1, 1957, for the termination of life estates in personal property pursuant to the provisions of this chapter, where such proceedings evidence a compliance with such chapter in every respect except that where real property is indicated therein reference is made to such personal property, or to both real and personal property upon a consolidation of proceedings, are hereby legalized, cured and validated, and all such life estates are deemed to be and are terminated.
Source:
SL 1957, ch 504; SDC Supp 1960, §65.0336.