reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-7 - Place of sale--Notice of public access.

21-54-7. Place of sale--Notice of public access.
Foreclosures under this chapter may be held at any public place in any of the municipalities or villages of the county in which the foreclosure is to be held, but in case of heavy or bulky articles or materials which cannot be conveniently or practicably moved, the sale may be held where they are located provided the public is afforded free right of access for inspection and bidding. In such cases notice of all such facts and definite description of the place, and reason for holding the sale there and of the public's right of access must be stated in the notice of sale.
Source:
SDC 1939 & Supp 1960, §37.3404; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-8 - Time of sale--Adjournment to following day.

21-54-8. Time of sale--Adjournment to following day.
Any foreclosure sale under this chapter may be held on any day of the week except Sunday or other legal holiday and shall be held between the hours of ten o'clock in the forenoon and five o'clock in the afternoon, except that when a sale has been commenced and cannot be completed by five o'clock it may be continued for another hour on the same day and if not then completed, adjourned until ten o'clock on the following day, and so continuing until completed.
Source:
SDC 1939 & Supp 1960, §37.3403.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-9 - Sale of property in parts--Order of sale--Termination when sufficient amount raised.

21-54-9. Sale of property in parts--Order of sale--Termination when sufficient amount raised.
If the property is conveniently and practicably divisible, the owner or any other lien holder may require it to be sold in parts and direct the order of such sale. In such cases the owner shall have the preference right to direct the order of sale, and the other lien holders shall have such preference in order of their respective priorities, if those preceding shall have failed to exercise such right.
If it is sold in parts, no more of the property shall be sold than is necessary to satisfy the lien and the costs and expenses of the proceedings.
Source:
SDC 1939 & Supp 1960, §37.3407.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-10 - Sale at auction to highest bidder--Purchase by lien holder.

21-54-10. Sale at auction to highest bidder--Purchase by lien holder.
The sale shall be made at public auction to the highest bidder for cash. The lien holder may bid and purchase and have the amount of his bid credited on his lien.
Source:
SDC 1939 & Supp 1960, §37.3407.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-11 - Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title.

21-54-11. Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title.
The title of a purchaser at any such sale shall be absolute and beyond redemption and it may be evidenced by a certificate or bill of sale from the party making the sale or from the report of sale as filed, and the report of sale shall be prima facie evidence of its contents. In the case of motor vehicles or other articles of which public registry of title is required by law, any such evidence of conveyance shall be sufficient to require registration of such vehicles or articles and for the issue of new title or other certificate accordingly.
Source:
SDC 1939 & Supp 1960, §37.3408.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-12 - Surplus paid to owner or clerk of courts.

21-54-12. Surplus paid to owner or clerk of courts.
If there be any surplus it may be paid direct to the person entitled thereto and his receipt taken and filed with the report, or it may be paid into the office of the clerk of courts of the county for the benefit of the persons entitled thereto and receipt of such clerk taken and filed with the report of the sale.
Source:
SDC 1939 & Supp 1960, §37.3408.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-13 - Civil action for deficiency.

21-54-13. Civil action for deficiency.
If there be any deficiency, the lien claimant may recover therefor by civil action or otherwise as his rights may appear.
Source:
SDC 1939 & Supp 1960, §37.3408.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-14 - Report of proceedings--Contents and time of filing.

21-54-14. Report of proceedings--Contents and time of filing.
The lien holder, or his agent, or attorney duly authorized shall make a sworn report of the proceedings showing:
(1)Proof by affidavits of giving notice of the sale as required by this chapter, including a copy of the notice;
(2)An account of the sale, showing the items sold, amounts bid and paid, and, names and addresses of the purchasers;
(3)The amount due on the lien, together with the costs and disbursements of the sale and the surplus or deficiency remaining, if any.
The report of the sale shall be filed in the office of the register of deeds of the county within five days after the sale.
Source:
SDC 1939 & Supp 1960, §37.3408.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-15 - Abandoned mobile or manufactured home--Sale or disposal by real property owner--Notice to home owner--Promulgation of rules.

21-54-15. Abandoned mobile or manufactured home--Sale or disposal by real property owner--Notice to home owner--Promulgation of rules.
If a mobile home or manufactured home as defined in chapter 32-7A has been abandoned and left on leased real property, the owner of real property may sell or dispose of the mobile home or manufactured home under the provisions of this chapter. A mobile home or manufactured home is considered abandoned if the owner of the home has not removed the home from the real property owner's land within thirty days of the court issuing a writ of possession as provided in chapter 21-16. Upon issuance of the writ of possession by the court, the owner of real property shall send the owner of the mobile home or manufactured home and any lienholder with a lien properly noted pursuant to chapter 32-3, written notice of intent to sell or dispose of the home pursuant to this chapter if the home is not removed from the real property owner's property within thirty days. The notice must be sent to the last known address of the owner of the mobile home or manufactured home. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. Any written notice shall be sent by certified mail. Any sale is subject to any taxes owed on the home and unpaid lot rent but such unpaid lot rent lien may not exceed two month's lot rent at the price previously agreed to by the owner of real property and owner of the mobile home or manufactured home.
Source: SL 2007, ch 140, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2023, ch 66, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-16 - Notice to county treasurer of intent to sell or dispose--Promulgation of rules.

21-54-16. Notice to county treasurer of intent to sell or dispose--Promulgation of rules.
After the owner of the abandoned mobile home or manufactured home has been provided thirty days' written notice, and before the owner of real property proceeds with the sale or disposal of the abandoned mobile home or manufactured home, the owner of the real property shall provide written notice of intent to sell or dispose of the abandoned property to the county treasurer where the home is located. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. If the treasurer has not issued a distress warrant and informed the owner and any lien holder of real property of such issuance within thirty days of the notice required by this section, or the mobile home or manufactured home has not been removed by its owner or any lien holder within thirty days of the notice provided by §21-54-15, the owner of real property may proceed with the sale or disposal pursuant to this chapter.
Source: SL 2007, ch 140, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2023, ch 66, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-17 - Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title.

21-54-17. Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title.
If an abandoned mobile home or manufactured home fails to sell at a sale held pursuant to this chapter, title to the mobile home or manufactured home is irrevocably vested with the owner of the real property. The owner of the real property on which the mobile home or manufactured home resides, may obtain an abandoned title without payment or obligation to pay any taxes owed on the home or any lien on the home at the time of acquisition. However, if the owner of the real property intends any use of the abandoned mobile home or manufactured home other than disposal, the owner of the real property may obtain an abandoned title after paying any taxes owed on the home. The department shall promulgate rules pursuant to chapter 1-26 to prescribe a form that shall be used to apply for the abandoned title.
Source:
SL 2007, ch 140, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-17.1 - Disposal in lieu of sale--Abandoned title required.

21-54-17.1. Disposal in lieu of sale--Abandoned title required.
If the owner of the real property intends to dispose of the mobile home or manufactured home in lieu of sale, the owner of the real property must first obtain an abandoned title after paying any taxes owed on the home.
Source: SL 2023, ch 66, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-18 - Permit to move abandoned mobile home or manufactured home--Promulgation of rules.

21-54-18. Permit to move abandoned mobile home or manufactured home--Promulgation of rules.
If an owner of the real property obtains a title to a mobile home or manufactured home pursuant to §21-54-17, the owner of the real property shall obtain a permit pursuant to §32-5-16.3 to move the abandoned mobile home or manufactured home. If the owner of the real property obtains a title to a mobile home or manufactured home pursuant to §21-54-17 and files an affidavit with the county treasurer stating that the owner is going to move the abandoned mobile home or manufactured home for the sole purpose of disposal, the county treasurer shall issue the permit provided by §32-5-16.3 without receiving payment of the current year's taxes. If the owner of the real property obtains a title to a mobile home or manufactured home pursuant to §21-54-17.1, the county treasurer shall issue the permit provided by §32-5-16.3. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the affidavit.
Source: SL 2007, ch 140, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2023, ch 66, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-19 - Abatement of taxes owed on abandoned mobile home or manufactured home.

21-54-19. Abatement of taxes owed on abandoned mobile home or manufactured home.
The county treasurer shall deliver the affidavit filed pursuant to §21-54-18 to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the board of county commissioners shall abate any taxes owed on the mobile home or manufactured home.
Source:
SL 2007, ch 140, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-20 - Voluntary transfer of title to mobile home or manufactured home to real property owner for disposal--Affidavit--Permit--Surrender of title to county treasurer.

21-54-20. Voluntary transfer of title to mobile home or manufactured home to real property owner for disposal--Affidavit--Permit--Surrender of title to county treasurer.
An owner of an unencumbered, except for taxes owed, mobile home or manufactured home may voluntarily transfer title of the mobile home or manufactured home, for the sole purpose of disposal, to the owner of the real property upon which the mobile home or manufactured home is located. The treasurer shall issue a title to the owner of the real property on which the mobile home or manufactured home is located, without payment or obligation to pay any taxes owed on the home at the time of acquisition.
Prior to disposal, the owner of the real property shall submit an affidavit for disposal of the mobile home or manufactured home, and the properly endorsed title, to the county treasurer verifying that title was transferred for disposal purposes only and that no consideration was exchanged.
If the owner of the real property is moving the mobile home or manufactured home as part of the disposal process, the county treasurer shall issue the permit provided by §32-5-16.3 to move the mobile home or manufactured home for disposal purposes without receiving payment of taxes owed on the mobile home or manufactured home.
The owner of the real property has ninety days from the date of the affidavit to dispose of the mobile home or manufactured home and to surrender the title to the county treasurer. The county treasurer may allow an additional sixty days for disposal upon request by the owner of the mobile home or manufactured home upon good cause shown for such additional days. If the title is not timely surrendered to the county treasurer, the owner of the real property is liable for all taxes owed on the mobile home or manufactured home.
The Department of Revenue shall prescribe the form for the affidavit required by this section.
Source:
SL 2015, ch 125, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-21 - Abatement of taxes on mobile home or manufactured home upon filing of affidavit and surrender of title.

21-54-21. Abatement of taxes on mobile home or manufactured home upon filing of affidavit and surrender of title.
The county treasurer shall deliver the affidavit filed pursuant to §21-54-20 to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the board of county commissioners shall abate any taxes owed on the mobile home or manufactured home pursuant to the provisions of §21-54-19. However, if the owner of the real property failed to timely surrender the title to the county treasurer, the board may not abate any taxes owed on the mobile home or manufactured home.
Source:
SL 2015, ch 125, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 55 - Actions For Wrongful Life Prohibited › Section 21-55-1 - Action or damages for conception or birth prohibited--"Conception" defined.

21-55-1. Action or damages for conception or birth prohibited--"Conception" defined.
There shall be no cause of action or award of damages on behalf of any person based on the claim of that person that, but for the conduct of another, he would not have been conceived or, once conceived, would not have been permitted to have been born alive. The term "conception," as used in this section, means the fertilization of a human ovum by a human sperm, which occurs when the sperm has penetrated the cell membrane of the ovum.
Source:
SL 1981, ch 172, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 55 - Actions For Wrongful Life Prohibited › Section 21-55-2 - Action or damages for birth of another prohibited.

21-55-2. Action or damages for birth of another prohibited.
There shall be no cause of action or award of damages on behalf of any person based on the claim that, but for the conduct of another, a person would not have been permitted to have been born alive.
Source:
SL 1981, ch 172, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 55 - Actions For Wrongful Life Prohibited › Section 21-55-3 - Consideration of failure to prevent live birth restricted in actions.

21-55-3. Consideration of failure to prevent live birth restricted in actions.
The failure or the refusal of any person to prevent the live birth of a person may not be considered in awarding damages or in imposing a penalty in any action. The failure or the refusal of any person to prevent the live birth of a person is not a defense in any action.
Source:
SL 1981, ch 172, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 55 - Actions For Wrongful Life Prohibited › Section 21-55-4 - Limited effect of chapter.

21-55-4. Limited effect of chapter.
The provisions of this chapter do not prohibit a cause of action or the awarding of damages, except as specifically provided in this chapter, by or on behalf of any person based on the claim that a person is liable for injury caused by such person's willful acts or caused by such person's want of ordinary care or skill.
Source:
SL 1981, ch 172, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 56 - General Provisions › Section 21-56-1 - Time and place of hearing--Fixing by judge or clerk.

21-56-1. Time and place of hearing--Fixing by judge or clerk.
Wherever a provision is made in this title for the fixing of a time and place of hearing or the issuance of a notice, a judge or clerk of courts may fix the time and place for the hearing. The notice may be signed by the judge, the clerk of courts, or the attorney for the petitioner.
Source:
SL 1982, ch 174, §1; SL 2006, ch 243, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-1 - Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction.

21-57-1. Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction.
In any civil action brought for the purpose of collecting a check, draft, or order of payment, any person who makes, draws, or issues any check, draft, or order of payment that is dishonored and is not paid within thirty days after mailing of a notice of dishonor sent in compliance with §§21-57-4 and 21-57-5 is liable to the holder or assignee for collection for an amount equal to three times the face amount of the check. However, in no case, including any combination pursuant to §21-57-6, may the liability for damages be less than one hundred dollars nor greater than two hundred dollars. The maker, drawer, or issuer is also liable to the holder or assignee for allowable court costs, filing fees, and interest computed at the legal rate from the date of the check, draft, or order that payment was issued. Subsequent to the commencement of an action as provided for in this section, but prior to the court hearing, the maker, drawer, or issuer may tender to the holder or assignee, as satisfaction of the claim, an amount of money equal to the face amount of the check together with the returned check fee as provided for under §57A-3-421 together with accrued interest and incurred court costs.
Source:
SL 1999, ch 112, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-2 - Final judgment required before liability asserted.

21-57-2. Final judgment required before liability asserted.
No holder or assignee for collection may assert that any maker, drawer, or issuer has any liability pursuant to §21-57-1 unless such liability has been determined by entry of a final judgment by a court of competent jurisdiction.
Source:
SL 1999, ch 112, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-3 - No liability in certain circumstances.

21-57-3. No liability in certain circumstances.
The maker, drawer, or issuer is not liable for the damages and costs specified in §21-57-1 if:
(1)The account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was issued, plus all other checks, drafts, and orders on the account then outstanding and unpaid; or
(2)The check, draft, or order was not paid because a paycheck, deposited in the account in an amount sufficient to cover the check, draft, or order, was not paid upon presentation; or
(3)Funds sufficient to cover the check, draft, or order were garnished, attached, or setoff and the maker, drawer, or issuer had no notice of such garnishment, attachment, or setoff at the time the check, draft, or order was issued; or
(4)The maker of the check, draft, or order was not competent or of full age to enter into a legal contractual obligation at the time the check, draft, or order was issued; or
(5)The making of the check, draft, or order was induced by fraud or duress; or
(6)The transaction which gave rise to the obligation for which the check, draft, or order was given lacked consideration or was illegal.
Source:
SL 1999, ch 112, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-4 - Notice of dishonor--Writing--Service.

21-57-4. Notice of dishonor--Writing--Service.
Notice that a check, draft, or order has not been paid upon presentment shall be in writing and given in person and receipted for, or by personal service, or by depositing the notice by certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such person at the address shown on the check or at the most recent address known to the sender. If the notice is mailed and not returned as undeliverable by the United States Postal Service, notice shall be conclusively presumed to have been given on the date of mailing. For the purposes of this section, the term, undeliverable, does not include unclaimed or refused.
Source:
SL 1999, ch 112, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-5 - Notice of dishonor--Information required.

21-57-5. Notice of dishonor--Information required.
The notice given pursuant to §21-57-4 shall include the following information regarding the unpaid check, draft, or order:
(1)The date the check, draft, or order was issued;
(2)The name of the bank, depository, person, firm, or corporation on which it was drawn;
(3)The name of the payee;
(4)The face amount;
(5)A statement of total amount claimed, which shall be itemized and may not exceed the amount permitted pursuant to 21-57-1;
(6)A statement that the maker has thirty days from the date notice was given to make payment in full of the total amount claimed; and
(7)A statement that, if the total amount is not paid within thirty days after the date notice was given, the maker is liable in a civil action for three times the face amount of the check but not less than one hundred dollars nor greater than two hundred dollars and that, in such civil action, the court may award court costs to the payee, holder, or assignee for collection.
Source:
SL 1999, ch 112, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-6 - Instruments and actions for recovery may be combined--Venue.

21-57-6. Instruments and actions for recovery may be combined--Venue.
If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to §21-57-1 may be brought in any county in which one of the dishonored checks, drafts, or orders were issued or in the county in which the check writer resides. A cause of action under this section may be brought in small claims court, if the amount of the demand does not exceed the jurisdiction of that court, or in any other appropriate court.
Source:
SL 1999, ch 112, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment › Section 21-57-7 - Criminal prosecution not precluded.

21-57-7. Criminal prosecution not precluded.
Nothing in §§21-57-1 to 21-57-7, inclusive, prevents the criminal prosecution of the person who makes, draws, or issues a dishonored check, draft, or order.
Source:
SL 1999, ch 112, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 58 - Limited Liability For Manufacture, Distribution Or Sale Of Firearms › Section 21-58-1 - Legislative findings as to firearms.

21-58-1. Legislative findings as to firearms.
The Legislature finds that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use.
Source:
SL 1999, ch 116, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 58 - Limited Liability For Manufacture, Distribution Or Sale Of Firearms › Section 21-58-2 - Firearms manufacturers, distributors, and sellers not liable for injury caused by firearms.

21-58-2. Firearms manufacturers, distributors, and sellers not liable for injury caused by firearms.
No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of such firearm by another.
Source:
SL 1999, ch 116, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 58 - Limited Liability For Manufacture, Distribution Or Sale Of Firearms › Section 21-58-3 - Associations of licensed firearms importers, manufacturers, or dealers not liable for injury caused by firearms.

21-58-3. Associations of licensed firearms importers, manufacturers, or dealers not liable for injury caused by firearms.
No association of persons who hold licenses under Section 923 of Chapter 44 of Title 18, United States Code, as in effect on January 1, 1999, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of such association.
Source:
SL 1999, ch 116, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 58 - Limited Liability For Manufacture, Distribution Or Sale Of Firearms › Section 21-58-4 - No limitation on liability for certain actions--Firearm's potential to cause injury not a defective condition.

21-58-4. No limitation on liability for certain actions--Firearm's potential to cause injury not a defective condition.
The provisions of §§21-58-1 to 21-58-4, inclusive, do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from failure of firearms to operate in a normal or usual manner due to defects or negligence in design or manufacture. The provisions of §§21-58-1 to 21-58-4, inclusive, do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.
For purposes of this section, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. A firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged.
Source:
SL 1999, ch 116, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 60 - Action For Destruction Of Field Crops, Animals And Organisms › Section 21-60-1 - Destruction of field crops, animals, or organisms prohibited--Liability--Exceptions.

21-60-1. Destruction of field crops, animals, or organisms prohibited--Liability--Exceptions.
No person other than the owner may, willfully and knowingly, damage or destroy any field crop, animal, or organism product that is grown for personal or commercial purposes, or for testing or research purposes, in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency. Any person who violates this provision is liable for twice the value of the crop, animal, or organism damaged or destroyed. However, this section does not apply to crops, animals, or organism damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.
Source:
SL 2001, ch 110, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 60 - Action For Destruction Of Field Crops, Animals And Organisms › Section 21-60-2 - Calculation of damages.

21-60-2. Calculation of damages.
In awarding damages under this chapter, the court shall consider the market value of the crop, animal, or organism prior to damage or destruction, and production, research, testing, replacement, and development costs directly related to the crop, animal, or organism that has been damaged or destroyed as part of the value.
Source:
SL 2001, ch 110, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 60 - Action For Destruction Of Field Crops, Animals And Organisms › Section 21-60-3 - Limitation on damages.

21-60-3. Limitation on damages.
Damages available under this chapter are limited to twice the market value of the crop, animal, or organism prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement, and development costs directly related to the crop, animal, or organism that has been damaged or destroyed.
Source:
SL 2001, ch 110, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 61 - Commonsense Consumption › Section 21-61-1 - Definition of terms.

21-61-1. Definition of terms.
Terms used in this chapter mean:
(1)"Livestock," cattle, bison, swine, sheep, goats, horses, ratites, and captive cervidae;
(2)"Livestock producer," any producer of livestock;
(3)"Long-term consumption," the cumulative effect of the consumption of any qualified product and not the effect of a single instance of consumption;
(4)"Qualified product," any food or drink as defined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. § 321(f)), in effect as of January 1, 2004, and specifically including meat and meat products from livestock;
(5)"Seller," any person or entity lawfully engaged in the business of marketing, distributing, advertising, or selling a qualified product;
(6)"Trade association," any association or business organization that is not operated for profit, if two or more members are manufacturers, marketers, distributors, livestock producers, advertisers, or sellers of a qualified product.
Source:
SL 2004, ch 146, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 61 - Commonsense Consumption › Section 21-61-2 - Prohibition on recovery based on claims of weight gain, obesity, or health condition resulting from long-term consumption of qualified product.

21-61-2. Prohibition on recovery based on claims of weight gain, obesity, or health condition resulting from long-term consumption of qualified product.
No manufacturer, seller, trade association, livestock producer, or retailer of a qualified product is subject to civil liability for injury or death in any case in which liability is based on the individual's weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain, obesity, or health condition results from the individual's long-term consumption of a qualified product.
Source:
SL 2004, ch 146, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 61 - Commonsense Consumption › Section 21-61-3 - Application of chapter to pending claims.

21-61-3. Application of chapter to pending claims.
Any civil action regarding a claim as set forth in §21-61-2 that is governed by the laws of South Dakota and that is pending on the date of the enactment of this chapter shall be subject to the terms of this chapter.
Source:
SL 2004, ch 146, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-1 - Prisoner defined.

21-62-1. Prisoner defined.
For the purposes of this chapter, the term, prisoner, means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms of parole, probation, pretrial release, or diversionary program.
Source:
SL 2010, ch 112, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-2 - Exhaustion of administrative remedies or grievance procedures.

21-62-2. Exhaustion of administrative remedies or grievance procedures.
No civil action may be brought by any prisoner confined to any jail, prison, or other correctional facility until such administrative remedies or grievance procedures as are available are exhausted. Compliance with this section does not toll any applicable statutory notice period or statute of limitations.
Source:
SL 2010, ch 112, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-3 - Actions for mental or emotional injury prohibited.

21-62-3. Actions for mental or emotional injury prohibited.
No civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility for mental or emotional injury suffered in custody that is not caused by a physical injury.
Source:
SL 2010, ch 112, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-4 - Dismissal of actions regarding prison conditions.

21-62-4. Dismissal of actions regarding prison conditions.
A court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions by a prisoner confined to any jail, prison, or other correctional facility if the court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks relief from a defendant who is immune from such relief. A court may dismiss an action pursuant to this section without first requiring the exhaustion of administrative remedies.
Source:
SL 2010, ch 112, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-5 - Application of chapter.

21-62-5. Application of chapter.
The provisions of this chapter do not apply to proceedings pursuant to chapter 21-27 or to any civil action that does not arise from the terms or conditions of a prisoner's confinement.
Source:
SL 2010, ch 112, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 62 - Prisoners' Actions › Section 21-62-6 - Lack of administrative remedy no basis for action.

21-62-6. Lack of administrative remedy no basis for action.
The failure to adopt an administrative remedy or grievance procedure does not constitute the basis for any action or relief.
Source:
SL 2010, ch 112, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-1 - Definition of terms.

21-63-1. Definition of terms.
Terms used in this chapter mean:
(1)"Aviation product," any product or component designed, manufactured, fabricated, assembled, produced, or constructed for aviation purposes, including aircraft, parts produced primarily for use in aircraft, aviation navigation aids, aircraft instrumentation, aircraft testing products, aircraft components, aircraft support and maintenance products or components, aircraft materials production, aircraft materials testing, and aircraft safety products;
(2)"Aviation product liability claim," includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage, or labeling of the relevant aviation product. The term includes any action based on, strict liability in tort, negligence, breach of express or implied warranty, breach of, or failure to, discharge a duty to warn or instruct, whether negligent or innocent, misrepresentation, concealment, or nondisclosure, whether negligent or innocent, or under any other substantive legal theory;
(3)"Harm," includes damage to property, personal physical injuries, illness, and death, mental anguish or emotional harm attendant to personal physical injuries, illness, or death. The term does not include direct or consequential economic loss;
(4)"Manufacturer," includes an aviation product seller who designs, produces, creates, assembles, installs, makes, fabricates, constructs, or remanufactures the relevant product or component part of an aviation product before its sale to a user or consumer. The term includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer, or that is owned in whole or in part by the manufacturer;
(5)"Product seller," any person or entity that is engaged in the business of selling aviation products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor, or retailer of the relevant aviation product; and
(6)"Time of delivery," the time of delivery of an aviation product to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold.
Source:
SL 2011, ch 113, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-2 - No product liability beyond useful safe life.

21-63-2. No product liability beyond useful safe life.
Except as provided in §21-63-4, no aviation product seller is liable in an aviation product liability claim if the product seller proves by a preponderance of the evidence that the harm was caused after the aviation product's useful safe life had expired. Useful safe life begins at the time of delivery of the aviation product and extends for the time during which the product would normally perform.
Source:
SL 2011, ch 113, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-3 - Factors in determining useful safe life.

21-63-3. Factors in determining useful safe life.
Factors to be considered in determining whether an aviation product's useful safe life has expired include:
(1)The amount of wear and tear to which the aviation product had been subject;
(2)The effect of deterioration from natural causes and from climate and other conditions under which the aviation product was used or stored;
(3)The normal practices of the user, similar users, and the aviation product seller with respect to the circumstances, frequency, and purposes of the product's use, and with respect to repairs, renewals, and replacements;
(4)Any representations, instructions, or warnings made by the aviation product seller concerning proper maintenance, storage, and use of the product or the expected useful safe life of the product; and
(5)Any modification or alteration of the aviation product by a user or third party.
Source:
SL 2011, ch 113, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-4 - Express warranty beyond useful safe life.

21-63-4. Express warranty beyond useful safe life.
An aviation product seller may be subject to liability for harm caused by an aviation product used beyond the product's useful safe life to the extent that the aviation product seller has expressly warranted the aviation product for a longer period.
Source:
SL 2011, ch 113, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-5 - Time for bringing aviation product liability claim--Indemnity.

21-63-5. Time for bringing aviation product liability claim--Indemnity.
The provisions of §15-2-12.2 notwithstanding, any claim that involves harm caused more than ten years after the time of delivery is barred regardless of the date the defect or harm is discovered or the disability or minority of the person harmed.
Nothing contained in this section affects the right of any person liable under an aviation product liability claim to seek and obtain indemnity from any other person who is responsible for the harm which gave rise to the aviation product liability claim.
Source:
SL 2011, ch 113, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-6 - Product in compliance with legislative or administrative regulatory safety standards.

21-63-6. Product in compliance with legislative or administrative regulatory safety standards.
If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design or performance, the aviation product is deemed not defective by reason of design or performance. If the standard addressed warnings or instructions, the aviation product is deemed not defective by reason of warnings or instructions.
Source:
SL 2011, ch 113, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-7 - Product not in compliance with legislative or administrative regulatory safety standards.

21-63-7. Product not in compliance with legislative or administrative regulatory safety standards.
If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design, performance, warnings, or instructions, no presumption exists and the burdens of proof applicable to nonaviation products liability actions apply.
Source:
SL 2011, ch 113, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-8 - Product in compliance with mandatory government contract specification.

21-63-8. Product in compliance with mandatory government contract specification.
If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this is an absolute defense and the aviation product is deemed not defective for that reason. If the specification related to warnings or instructions, the aviation product is deemed not defective for that reason.
Source:
SL 2011, ch 113, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-9 - Product not in compliance with mandatory government contract specification.

21-63-9. Product not in compliance with mandatory government contract specification.
If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, or if the specification related to warnings or instructions that were not in compliance with a mandatory government contract specification relating to warnings or instruction, no presumption exists and the burdens of proof applicable to nonaviation products liability actions apply.
Source:
SL 2011, ch 113, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-10 - Duty to warn or instruct.

21-63-10. Duty to warn or instruct.
In any aviation product liability claim, any duty on the part of the aviation product seller to warn or protect against a danger or hazard which could or did arise in the use or misuse of such aviation product and any duty to have properly instructed in the use of such aviation product, does not extend:
(1)To any warning protecting against or instructing with regard to those safeguards, precautions, and actions which a reasonable user or consumer of the aviation product, with the training, experience, education, and any special knowledge the user or consumer did, should, or was required to possess, could and should have taken for such user or consumer or others, under all the facts and circumstances;
(2)To any situation where the safeguards, precautions, and actions could or should have been taken by a reasonable user or consumer of the aviation product similarly situated exercising reasonable care, caution, and procedure; or
(3)To any warnings protecting against or instructing with regard to dangers, hazards, or risks which are patent, open, or obvious and which should have been realized by a reasonable user or consumer of the aviation product.
Source:
SL 2011, ch 113, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-11 - Sections 20-9-10 and 20-9-10.1 unaffected.

21-63-11. Sections 20-9-10 and 20-9-10.1 unaffected.
No provision contained within this chapter abrogates or limits protections afforded aviation product manufacturers, sellers, or assemblers contained in §§20-9-10 and 20-9-10.1.
Source:
SL 2011, ch 113, §11.