reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-1.1 - Trans-state transmission line construction--Eminent domain.

21-35-1.1. Trans-state transmission line construction--Eminent domain.
A utility constructing a transmission line in this state that has obtained a permit pursuant to chapter 49-41B and approval by legislative enactment as required pursuant to §49-41B-4.1, is entitled to the power of eminent domain as provided by this chapter. However, such action shall not be construed to constitute approval of the use of federal eminent domain.
Source:
SL 1980, ch 327, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-2 - Contents of petition for ascertainment of compensation.

21-35-2. Contents of petition for ascertainment of compensation.
A petition filed pursuant to §21-35-1 shall name the person, group, or corporation desiring to take or damage private property as plaintiff, and all persons having interest in or liens upon the property affected by the proceeding as defendants, so far as they shall be known at the time of filing the same. It shall contain a description of the property to be taken or damaged. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It shall not be necessary to specify the interests or claims of the several defendants in the land or property affected by the proceeding.
Source:
SL 1891, ch 94, §2; RCCivP 1903, §864; RC 1919, §2939; SDC 1939 & Supp 1960, §37.4001.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-3 - Amendment of petition and notice.

21-35-3. Amendment of petition and notice.
If any person who is a proper party defendant to a proceeding under this chapter, or any property affected thereby, shall have been omitted from said petition or notice, the plaintiff may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice.
Source:
SL 1891, ch 94, §4; RCCivP 1903, §866; RC 1919, §2941; Supreme Court Rule 599, 1939; SDC 1939 & Supp 1960, §37.4004.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-4 - Verification of petition--Statement of good faith.

21-35-4. Verification of petition--Statement of good faith.
Said petition shall be signed or verified in the manner provided by law for the signing or verification of complaints in actions in the circuit court, and the affidavit of verification shall contain the further statement that the proceeding is in good faith for the purposes specified in the petition.
Source:
SL 1891, ch 94, §2; RCCivP 1903, §864; RC 1919, §2939; SDC 1939 & Supp 1960, §37.4001.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-5 - Attachment of document authorizing condemnation.

21-35-5. Attachment of document authorizing condemnation.
In all cases where any resolution, ordinance, or other proceeding of any corporation is required by law before taking private property, a copy of such resolution, ordinance, or proceeding shall be attached to such petition.
Source:
SL 1891, ch 94, §2; RCCivP 1903, §864; RC 1919, §2939; SDC 1939 & Supp 1960, §37.4001.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-6 - Additional pleadings not required.

21-35-6. Additional pleadings not required.
No pleading other than the petition shall be required in a proceeding under this chapter, unless ordered by the court.
Source:
SL 1891, ch 94, §9; RCCivP 1903, §871; RC 1919, §2946; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, §37.4003.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-7 - Interpleader of adverse claimants to compensation.

21-35-7. Interpleader of adverse claimants to compensation.
If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation.
Source:
SL 1891, ch 94, §12; RCCivP 1903, §874; RC 1919, §2949; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, §37.4003.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-8 - Notice of pendency of action filed with register of deeds--Effect of recording.

21-35-8. Notice of pendency of action filed with register of deeds--Effect of recording.
At any time after the filing of the petition the plaintiff may file for record in the office of the register of deeds of the county in which the petition is filed a notice of the pendency of the proceeding, containing the names of the parties plaintiff and defendant, a statement of the purpose of the proceeding, and a description of the property through or over which the proposed improvement is to be constructed, which notice shall be recorded and indexed in the same manner as provided by law for the recording and indexing of notices of the pendency of actions in the circuit court, and from the date of the filing thereof shall be notice to all subsequent purchasers or encumbrancers of the property therein described.
Source:
SL 1891, ch 94, §3; RCCivP 1903, §865; RC 1919, §2940; SDC 1939 & Supp 1960, §37.4006.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-9 - Summons to defendants--Contents.

21-35-9. Summons to defendants--Contents.
At any time after the filing of the petition the plaintiff may issue a summons to the defendants, which shall be entitled in the action or proceeding, and state the time and place of filing the petition, the nature of the proceeding, and contain a notice to the effect that if the defendants do not appear in said proceeding within thirty days from the service thereof, exclusive of the day of service, the plaintiff will apply to the court for an order to impanel a jury and ascertain the just compensation for the property proposed to be taken or damaged in such proceeding.
The summons may be served as in civil actions unless otherwise provided in this chapter.
Source:
SL 1891, ch 94, §5; RCCivP 1903, §867; RC 1919, §2942; Supreme Court Rule 601, 1939; SDC 1939 & Supp 1960, §37.4007; SL 1976, ch 157, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-10 - Publication of summons to unknown or nonresident owners--Personal service outside state.

21-35-10. Publication of summons to unknown or nonresident owners--Personal service outside state.
If there are unknown owners or persons interested in the property to be taken or damaged, or if any of the defendants are not residents of the state, the plaintiff may apply to the court upon affidavit setting forth the nature of the proceeding, and the facts in relation to such unknown persons or nonresident defendants, for an order of publication of such summons, whereupon the court shall grant such order. The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within thirty days from the first publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published for thirty days at least once in each week in some newspaper published and of general circulation in the county where the proceeding is had, and each publication of the same shall show at the top thereof the date of the first publication; and except as modified by this section, the proceeding of publication of the summons shall in all respects be governed by the provisions of Title 15 relating to publication of summons. Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant.
Source:
SL 1891, ch 94, §6; RCCivP 1903, §868; RC 1919, §2943; Supreme Court Rule 601, 1939; SDC 1939 & Supp 1960, §37.4007.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-10.1 - Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding.

21-35-10.1. Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding.
Within thirty days from the date the summons described in §21-35-9 is served, the defendant may demand a hearing in circuit court on the petitioner's right to take. Failure to make such demand or to consent in writing to the taking, within the thirty-day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the plaintiff, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.
Source:
SL 1976, ch 157, §1; SL 1977, ch 186.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-11 - Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.

21-35-11. Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.
When the remedy is exercised under the provisions of this chapter, the plaintiff may at the time of service of the summons on any defendant serve upon him an offer in writing to the effect that the plaintiff will deposit with the clerk of the court in which the action is pending a sum of money specified, with costs, to be paid to defendant or other parties entitled thereto as compensation for all of the property taken or damaged. If the defendant fails to accept the offer by filing notice of acceptance with the clerk of the court within ten days after service of the offer upon him, it is deemed to be withdrawn, and cannot be given in evidence; and if the defendant fails to obtain a judgment for a greater sum of money than offered by the plaintiff, he cannot recover costs, and each party shall pay his own costs.
Source:
SL 1937, ch 125; SDC 1939 & Supp 1960, §37.4002.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-11.1 - Mediation.

21-35-11.1. Mediation.
The parties may by agreement refer a dispute that is the subject of a proceeding under this chapter for resolution by mediation using the services of a mediator selected by the parties.
Source:
SL 2016, ch 117, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-12 - Order to summon jury on default.

21-35-12. Order to summon jury on default.
If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding the circuit court of the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for a regular or special term of the circuit court.
Source:
SL 1891, ch 94, §7; SL 1893, ch 113; RCCivP 1903, §869; SL 1913, ch 169; RC 1919, §2944; SDC 1939 & Supp 1960, §37.4008.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-13 - Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default by plaintiff.

21-35-13. Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default by plaintiff.
At the time and place specified in the order made pursuant to §21-35-12, a special term of the court shall be held, at which the proceedings in impanelling the jury, trial and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall have the same rights and privileges, upon such trial, to challenge jurors and examine and cross-examine witnesses and participate therein, by himself or attorney, as a defendant in a civil action who has appeared and answered. As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in like manner, except that three days' notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose, and on the failure of the plaintiff, after such notice, to proceed with the trial, said petition shall be dismissed as to such defendant, and any lis pendens involving the title of property of such defendant shall be discharged and no other proceeding for the same purpose shall be brought by the plaintiff against such defendant until after the expiration of one year, and then only by leave of the court upon good cause shown and upon the condition that the plaintiff will, in good faith, prosecute such proceeding against such defendant with reasonable diligence.
Source:
SL 1891, ch 94, §§7, 8; SL 1893, ch 113; RCCivP 1903, §§869, 870; SL 1913, ch 169; RC 1919, §§2944, 2945; SL 1921, ch 218; SDC 1939 & Supp 1960, §37.4008.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-14 - Continuance of proceedings as to defendants not served.

21-35-14. Continuance of proceedings as to defendants not served.
As to all defendants not served before the trial said proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants.
Source:
SL 1891, ch 94, §14; RCCivP 1903, §876; RC 1919, §2951; Supreme Court Rule 602, 1939; SDC 1939 & Supp 1960, §37.4009.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-15 - Issue tried by jury.

21-35-15. Issue tried by jury.
The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.
Source:
SL 1891, ch 94, §12; RCCivP 1903, §874; RC 1919, §2949; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, §37.4003.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-16 - View of premises by jury.

21-35-16. View of premises by jury.
Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury.
Source:
SL 1891, ch 94, §10; RCCivP 1903, §872; RC 1919, §2947; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, §37.4010.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-17 - Benefits of municipal improvement considered by jury.

21-35-17. Benefits of municipal improvement considered by jury.
In all cases of taking or damaging private property by a municipal corporation, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.
Source:
SL 1891, ch 94, §11; RCCivP 1903, §873; RC 1919, §2948; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, §37.4010.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-18 - Compensation determined for each parcel.

21-35-18. Compensation determined for each parcel.
If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged.
Source:
SL 1891, ch 94, §11; RCCivP 1903, §873; RC 1919, §2948; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, §37.4010.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-19 - Recording of verdict--Judgment on verdict.

21-35-19. Recording of verdict--Judgment on verdict.
Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit the same as the court may direct.
Source:
SL 1891, ch 94, §13; RCCivP 1903, §875; RC 1919, §2950; SDC 1939 & Supp 1960, §37.4011.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-20 - Appeal to Supreme Court--Improvement not delayed--Security for payment of award.

21-35-20. Appeal to Supreme Court--Improvement not delayed--Security for payment of award.
Appeals shall be allowed in all cases provided for in this chapter to the Supreme Court, the same as in other civil actions, but the prosecution of such an appeal shall not prevent or delay the work or improvement involved; provided the plaintiff shall deposit with the clerk of courts, for the use and benefit of the appellant such sum as shall be awarded by the verdict and shall give to the appellant a bond in such sum as the court shall direct, to secure the payment of any additional sum which may be awarded to the appellant in the future proceedings therein.
Source:
RCCivP 1903, §877; RC 1919, §2952; SDC 1939 & Supp 1960, §37.4012.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-21 - Highway provisions not affected--Proceeding cumulative.

21-35-21. Highway provisions not affected--Proceeding cumulative.
Nothing in this chapter shall be so construed as to impair any provision of this code relating to the establishment, alteration, or improvement of streets, alleys, roads, or other public highways; but the proceeding herein provided for shall be construed as additional and cumulative to any special proceeding relating to such public highway.
Source:
RCCivP 1903, §878; RC 1919, §2953; Supreme Court Rule 600, 1939; SDC 1939 & Supp 1960, §37.4005.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-22 - Defendant's expenses paid by plaintiff on dismissal.

21-35-22. Defendant's expenses paid by plaintiff on dismissal.
If any eminent domain proceedings are commenced to take or damage any private property for public use within this state and are thereafter dismissed with or without prejudice, the plaintiff seeking to be condemnor is liable for and shall pay to the defendant all court costs, expenses and fees, including reasonable attorney fees, as are determined by the court having jurisdiction over the proceedings.
Source:
SL 1983, ch 170, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-23 - Allowance of expenses where judgment greatly exceeds offer.

21-35-23. Allowance of expenses where judgment greatly exceeds offer.
If the amount of compensation awarded to the defendant by final judgment in proceedings pursuant to this chapter is twenty percent greater than the plaintiff's final offer which shall be filed with the court having jurisdiction over the action at the time trial is commenced, and if that total award exceeds seven hundred dollars, the court shall, in addition to such taxable costs as are allowed by law, allow reasonable attorney fees and compensation for not more than two expert witnesses, all as determined by the court.
Source:
SL 1983, ch 170, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-24 - Railroad or gas or electric utility property condemned for coal pipelines--Declaration of taking--Contents.

21-35-24. Railroad or gas or electric utility property condemned for coal pipelines--Declaration of taking--Contents.
In proceedings initiated under this chapter against corporations, associations, or other entities engaged in the operation of electric utilities, gas utilities, or railroads and when those proceedings are for the purpose of constructing pipelines designed to carry water for the transportation of coal, the petitioner may file any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the petitioner, declaring the extent of the property interest taken for the use of the petitioner. The declaration of taking shall contain:
(1)A statement of the authority under which and the use for which the property interest is taken;
(2)A description of the property interest taken sufficient for identification thereof;
(3)A legal description of the lands subject to the taking;
(4)The name of all persons or entities claiming an interest in the said lands, and a description of the interest claimed by each;
(5)A statement of the sum of money estimated by the acquiring authority to be just compensation for the property interest taken and damaged; and
(6)A detailed appraisal upon which the amount of the petitioner's deposit is based.
Source:
SL 1983, ch 171, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-25 - Vesting of title to property and right to compensation.

21-35-25. Vesting of title to property and right to compensation.
Title to the property interest specified in the declaration shall vest in the petitioner and the property interest shall be deemed condemned and taken for the use of the petitioner. The right to just compensation for the property interest shall vest in the persons entitled thereto either on the date the decision is rendered at the hearing provided in §21-35-10.1 or the date the hearing is waived.
Source:
SL 1983, ch 171, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-26 - Terms of surrender of possession--Notice--Hearing--Orders of court.

21-35-26. Terms of surrender of possession--Notice--Hearing--Orders of court.
Upon filing of a declaration of taking pursuant to §21-35-24, the court has power to fix the time within which and the terms upon which the parties in possession are required to surrender possession to the petitioner. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the petitioner shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in §21-35-27 upon the recorded owners of all lands sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by §21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as are just and equitable.
Source:
SL 1983, ch 171, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-27 - Service of declaration of taking on defendants.

21-35-27. Service of declaration of taking on defendants.
A copy of the declaration of taking filed pursuant to §21-35-24 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at his last known post office address.
Source:
SL 1983, ch 171, §4; SL 1987, ch 29, §29.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-28 - Amendment of declaration of taking.

21-35-28. Amendment of declaration of taking.
If any person who is a proper party defendant or any affected property is omitted from the declaration of taking filed pursuant to §21-35-24, the plaintiff may file amendments to include them. The amendments from the time of filing have the same force and effect as if they were included in the original proceedings. The naming or omission of defendants' names does not defer the effect of the declaration of taking.
Source:
SL 1983, ch 171, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-29 - Deposit with court required.

21-35-29. Deposit with court required.
If the petitioner elects to utilize the procedures set forth in §§21-35-24 to 21-35-28, inclusive, for possession of property, the petitioner shall deposit with the court the money required by §21-35-25 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the petitioner's right to take as provided in §21-35-10.1.
Source:
SL 1983, ch 171, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-30 - Order for payment from deposit--Judgment for amount by which final award exceeds deposit.

21-35-30. Order for payment from deposit--Judgment for amount by which final award exceeds deposit.
Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to §21-35-29, or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the property interest taken, or any parcel thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the petitioner for the amount of the deficiency.
Source:
SL 1983, ch 171, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-31 - Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.

21-35-31. Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.
The provisions of this section only apply to a project which requires a siting permit pursuant to chapter 49-41B. Each person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for its proposed facilities. The person or the person's agents and officers may enter the private property for the purpose of the examination and survey. Any person seeking to cause an examination or survey, where permission for examination or survey has been denied, shall:
(1)Have filed a siting permit application with the Public Utilities Commission pursuant to §49-41B-11;
(2)Give thirty days written notice, including the filing and expected dates of entry, to the owner and any tenant in possession of the private property; and
(3)Make a payment to the owner, or provide sufficient security for the payment, for any actual damage done to the property by the entry.
This section does not apply to the state or its political subdivisions. This section is in addition to and not in derogation of other existing law.
Source:
SL 2016, ch 118, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-1 - Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.

21-36-1. Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.
Whenever the title to any real or personal property, situate in this state, shall fail through defect of heirs and escheat to the state, the state may thereupon maintain any action, suit, or proceeding necessary to recover the possession of any such property, or for the enforcement or protection of its rights thereto, or on account thereof, and may sue with like effect as a natural person. Such action, suit, or proceeding shall be prosecuted by the attorney general or by the state's attorney of the county wherein the property or some part thereof is situated.
Source:
SL 1909, ch 104, §1; RC 1919, §3049; SDC 1939 & Supp 1960, §37.4201.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-2 - Report by state's attorneys and circuit judges of possible escheats.

21-36-2. Report by state's attorneys and circuit judges of possible escheats.
It shall be the duty of state's attorneys and circuit judges to report to the Governor or to the attorney general all cases coming to their attention wherein there is reason to believe that any real or personal property has escheated or may escheat to the state, and all cases wherein there is reason to believe that the whole of the estate of a decedent may pass either by succession or by devise to any person or persons other than the surviving spouse, issue, father, mother, brother, or sister of the decedent.
Source:
SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-3 - Investigation and bringing of action by attorney general.

21-36-3. Investigation and bringing of action by attorney general.
Upon the receipt of a report pursuant to §21-36-2, it shall be the duty of the attorney general to conduct an investigation, and if it appears that there is any property of the estate of the decedent that may escheat to the state, and that any persons who may be asserting their claims to such estate as heirs, devisees, legatees, or otherwise are not lawfully entitled thereto, then it shall be his duty to cause an action to be brought in the name of the state for the recovery of such property or its reduction into the possession of the state.
Source:
SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-4 - Intervention in probate proceedings in lieu of bringing action.

21-36-4. Intervention in probate proceedings in lieu of bringing action.
In any of the cases enumerated in §§21-36-2 and 21-36-3, if it shall appear to the attorney general that the condition of the estate is such as will permit the question of the right of succession thereto, including the rights of the state as the ultimate heir of the decedent, to be determined in the course of probate proceedings in the manner provided by law, then the attorney general shall be authorized to institute or to intervene in any probate proceedings affecting such estate, in lieu of the proceedings provided for by this chapter.
Source:
SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-5 - Direction by Governor for institution of proceedings.

21-36-5. Direction by Governor for institution of proceedings.
If the Governor of this state has reason to believe that any real or personal property has escheated through defect of other heirs, the Governor may direct the attorney general or any state's attorney of any county in which the whole or any part thereof is situated to institute proceedings necessary and proper to protect and enforce the rights of the state with respect thereto.
Source: SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202; SL 2023, ch 3, §29.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-6 - State's attorney to assist on request by attorney general.

21-36-6. State's attorney to assist on request by attorney general.
Whenever requested by the attorney general, the state's attorney of any county shall assist in the investigation, preparation, and trial of any escheat proceedings or appeals involving the same in the circuit or Supreme Court, when property located in his county is involved.
Source:
SL 1909, ch 104, §3; RC 1919, §3051; SDC 1939 & Supp 1960, §37.4202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-7 - Complaint filed to bring action--Parties defendant.

21-36-7. Complaint filed to bring action--Parties defendant.
An action for the recovery of escheated property or its reduction into the possession of the state shall be brought in the name of the state as plaintiff, entitled in the court in which the action is brought, by filing a complaint in which all parties in possession of said property or any part thereof and all adverse claimants thereto, if known, and all persons having or claiming to have any interest therein shall be named as defendants.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-8 - Allegations required in complaint for escheat.

21-36-8. Allegations required in complaint for escheat.
It shall only be necessary to allege in the complaint the name of the person last seized, a general description of the estate and its approximate value, the names of the occupants or the persons in possession and claiming such estate, if known, their last-known residence and post office address, and the facts and circumstances in consequence of which the estate is claimed to have escheated, with an allegation that by reason thereof the State of South Dakota has a right by law to such estate.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-9 - Summons filed--Persons to whom directed--Contents.

21-36-9. Summons filed--Persons to whom directed--Contents.
With the complaint shall be filed a summons, entitled in the action, directed to the defendants named and to all persons generally who have or claim to have any interest in said estate, or claims against the same, as heirs, creditors, or otherwise, requiring them to appear and answer the said complaint within thirty days after the service of the summons, exclusive of the day of service, and to set forth the nature of their claims.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-10 - Publication of summons and complaint--Personal service--Service by mail.

21-36-10. Publication of summons and complaint--Personal service--Service by mail.
Upon the filing of said summons and complaint the court shall make its order that the summons be published in some newspaper to be designated in said order as the newspaper most likely to give notice of the pendency of the action, at least once in each week for six successive weeks. The summons and complaint shall be personally served upon each defendant known to be a resident in this state and a copy of the summons and complaint shall be mailed and directed to each nonresident defendant at his last-known place of residence, with the postage thereon prepaid.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-11 - Answer to complaint--Reply.

21-36-11. Answer to complaint--Reply.
Any person named as a defendant, and any person who may claim any interest in and to said estate, may answer to said complaint, setting forth the nature of his claim with a prayer for such relief as he may deem himself entitled to. The plaintiff may thereupon, within thirty days from the service of any answer, reply thereto.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-12 - Receiver appointed on application by state.

21-36-12. Receiver appointed on application by state.
Upon the filing of said complaint, the court may, upon application of the state's attorney or attorney general, either before or after answer, upon notice to the party claiming such estate, if known, sufficient cause therefor being shown, appoint a receiver to take charge of said estate, and receive the rents and profits of the same until the rights of the parties are finally determined.
Source:
SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-13 - Concurrent remedies by action and participation in probate proceedings.

21-36-13. Concurrent remedies by action and participation in probate proceedings.
The right of action created by this chapter shall be concurrent with and in addition to the right of the state to conduct or participate in probate proceedings affecting the same property, and the two methods of procedure hereby authorized may be conducted without interference with each other, subject to the provisions of §§21-36-14 to 21-36-16, inclusive.
Source:
SL 1909, ch 104, §2; RC 1919, §3050; SL 1921, ch 228, §1; SDC 1939 & Supp 1960, §37.4202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-14 - Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.

21-36-14. Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.
In all cases where the circuit court, exercising probate jurisdiction, has acquired jurisdiction by the appointment of a personal representative for an estate prior to the filing of the complaint in the circuit court pursuant to §21-36-7, such court may retain jurisdiction for the purpose of paying claims against and conserving said estate until the settlement of the final account and the said estate is ready for final distribution; whereupon the possession of the property belonging to said estate shall be surrendered by personal representative to the receiver appointed by the circuit court; and pending the administration of said estate the proceedings commenced pursuant to §21-36-7 shall be stayed.
Source:
SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-15 - Circuit court not to settle estate unless state has intervened.

21-36-15. Circuit court not to settle estate unless state has intervened.
The circuit court shall make no order in any manner disposing of or distributing the property belonging to an estate, except for the purpose of paying claims of creditors, unless the attorney general has instituted, or intervened in such probate proceedings, in which case settlement of the estate shall be completed, subject to the right of appeal by any interested party including the state.
Source:
SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204; SL 1995, ch 167, §95.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-16 - Claims to distributive shares determined in circuit court--Practice and procedure rules.

21-36-16. Claims to distributive shares determined in circuit court--Practice and procedure rules.
In all cases brought under the provisions of this chapter, all claims as heirs to any distributive share or portion of said estate shall be determined in the action in the circuit court. All matters of practice and procedure not otherwise provided herein shall be governed by the laws, practice, and rules applicable to appeals on question of both law and fact from a circuit court.
Source:
SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-17 - Judgment for state if no answer or motion served--Proof required.

21-36-17. Judgment for state if no answer or motion served--Proof required.
If, in an action brought under the provisions of this chapter, no answer or motion be served within the time required by §21-36-9 the plaintiff may apply to the court for judgment in accordance with the prayer of the complaint, but no judgment shall be given or made except upon proofs adduced in open court.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-18 - Placement on trial calendar if issue joined.

21-36-18. Placement on trial calendar if issue joined.
If the issue be joined by the service of an answer by any defendant, the cause shall be placed upon the trial calendar of the next regular term of said court by the service of notice of trial as provided by law and the rules of court.
Source:
SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-19 - Pleadings and testimony in prior proceedings admissible in evidence.

21-36-19. Pleadings and testimony in prior proceedings admissible in evidence.
Upon the trial of said action in the circuit court, the original or a duly certified copy of any petition, pleading, order, finding, or judgment, and the official or proven copy of the testimony of any witness, or other evidence received upon any former hearing in any court of record of this state, wherein any party to said action shall have appeared and asserted any claim or interest in such property or estate, shall be admissible in evidence for or against him.
Source:
SL 1909, ch 104, §5; RC 1919, §3053; SDC 1939 & Supp 1960, §37.4204.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-20 - Hearing and judgment--Costs.

21-36-20. Hearing and judgment--Costs.
Upon the trial of the action, after issue joined, or upon the hearing of proofs on the part of the state in cases of default, the court shall make its findings and render judgment in accordance with the facts and the law of the case, which judgment shall be final and conclusive as to the title of the property of the estate, real or personal, subject only to the right of appeal as provided in §21-36-28. The cost of suit shall be taxed as other actions in the circuit court.
Source:
SL 1909, ch 104, §§7, 9; RC 1919, §§3055, 3057; SDC 1939 & Supp 1960, §37.4205.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-21 - Recording of judgment where title to real property determined.

21-36-21. Recording of judgment where title to real property determined.
In case the title to real property is determined, a certified copy of the judgment of the court shall be recorded in the office of the register of deeds of the county in which such real estate is situated.
Source:
SL 1909, ch 104, §7; RC 1919, §3055; SDC 1939 & Supp 1960, §37.4205.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-22 - Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.

21-36-22. Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.
Personal property, other than money, shall be converted into cash by the receiver appointed by the court, or the administrator of the estate, under the direction of the court, and the proceeds thereof together with all moneys recovered, after first deducting the costs and expenses of the suit, shall be delivered to the commissioner of school and public lands to be by him placed in a special fund pending the expiration of the time in which the right of recovery under the provisions of §21-36-24 shall continue; provided, that for the purposes of this section all permanent fixtures on said real estate of an appraised value less than one thousand dollars, as determined by the Board of Appraisal provided for in §5-9-3, shall be deemed personal property.
Upon the expiration of the time in which such right of recovery shall exist all moneys so recovered and all accruals and additions thereto shall be placed to the credit of the school fund.
Source:
SL 1909, ch 104, §8; RC 1919, §3056; SL 1929, ch 119, §1; SDC 1939, §37.4206; SL 1945, ch 164.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-23 - Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds.

21-36-23. Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds.
Any real estate recovered under the provisions of this chapter shall be surrendered by the receiver, or administrator to the commissioner of school and public lands and shall be leased and managed by him subject to the rights of recovery as provided by this chapter, and after the expiration of such right of recovery may be sold in the manner provided by law for the sale of other school and public lands; provided, that when such real estate is of an appraised value of less than one thousand dollars as determined by the Board of Appraisal provided for by §5-9-3, and in the opinion of the commissioner it will be to the best interest of the state that the same be sold and converted into money, he may cause the same to be sold upon the notice and in the manner provided in §§5-9-36 to 5-9-38, inclusive, for the sale of improvements on public lands and the proceeds therefrom placed by the commissioner in the said special fund provided for in §21-36-22 in case of sale of escheated personal property pending the expiration of the right of recovery as provided in §21-36-24.
Source:
SL 1909, ch 104, §8; RC 1919, §3056; SL 1929, ch 119, §1; SDC 1939, §37.4206; SL 1945, ch 164.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-24 - Action by heirs to recover property escheated--Time for bringing action.

21-36-24. Action by heirs to recover property escheated--Time for bringing action.
In all cases where property has or may be hereafter escheated to the State of South Dakota by proceedings had in any court of this state, any person or persons who may be legally entitled to the same or an heir or heirs of the deceased person whose property was escheated by such proceedings, who was not a party or privy to such proceedings and who had no notice or knowledge thereof, may bring an action against the State of South Dakota for the recovery of such property within ten years from the entry of the decree or the judgment of escheat.
Source:
SL 1909, ch 104, §10; RC 1919, §3058; SL 1929, ch 119, §2; SDC 1939 & Supp 1960, §37.4207.