reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.

43-45-10. Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.
No property, except the homestead and other exemptions made absolute, shall be exempt from levy, seizure, and sale by virtue of any final writ or process issued on a judgment for fines, penalties, or costs of criminal prosecutions.
Source:
CCivP 1877, §334; CL 1887, §5140; RCCivP 1903, §365; RC 1919, §2672; SDC 1939, §51.1810.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.

43-45-11. Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.
No property except the homestead and other exemptions made absolute, and personal property of any kind in addition thereto to the value of five hundred dollars, shall be exempt from levy, seizure, or sale, by virtue of any final writ or process issued on a judgment for forfeitures of undertakings and bonds, or of recognizance taken and entered in criminal cases.
Source:
CCivP 1877, §334; CL 1887, §5140; RCCivP 1903, §365; RC 1919, §2672; SDC 1939, §51.1810.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.

43-45-12. Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.
The sheriff or other officer having any process of levy or sale must make return, with his writ or warrant, of any inventory and appraisement of any such exempted or other personal property.
Source:
CCivP 1877, §330; CL 1887, §5134; RCCivP 1903, §359; RC 1919, §2666; SDC 1939, §51.1806.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-13 - Certain federal bankruptcy exemptions not available.

43-45-13.Certain federal bankruptcy exemptions not available.
In accordance with the provision of §522(b) of the Bankruptcy Code of 1978 (11 U.S.C. §522(b)), residents of this state are not entitled to the federal exemptions provided in §522(d) of the Bankruptcy Code of 1978 (11 U.S. C. §522(d)), exemptions which this state specifically does not authorize. Nothing herein affects the exemptions given to residents of this state by the State Constitution and the South Dakota statutes.
Source:
SL 1980, ch 297.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.

43-45-14. Exemption of earnings from garnishment process or levy-Bankruptcy.
For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§21-18-51 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §301 et. seq. only, a debtor's claimed exemptions may include earned, but unpaid earnings, whether or not such earnings have been garnished, subject to the limits of §43-45-4 and provisions of 11 U.S.C. §547.
Source:
SL 1990, ch 157, §9; SL 2007, ch 251, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-15 - Legislative intent.

43-45-15. Legislative intent.
The Legislature of the State of South Dakota hereby declares that §§43-45-16 to 43-45-18, inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, §4. The Legislature hereby finds §§43-45-16 to 43-45-18, inclusive, is necessary to insure that a debtor enjoys the comforts and necessities of life during retirement years.
Source:
SL 1997, ch 250, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.

43-45-16. Exemption from process for certain retirement benefits--Right of state to collect.
Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee's benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject to the right of the State of South Dakota and its political subdivisions to collect any amounts owed to them. This section permits benefits under such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order as defined in 29 U.S.C. §1056(d) or in §401(a)(13) of the Internal Revenue Code.
Source:
SL 1997, ch 250, §2; SL 2007, ch 252, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-17 - Employee benefit plan defined.

43-45-17. Employee benefit plan defined.
For the purposes of §§43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in §401, 403(a), 403(b), 408, 408A, 409, 414, 457, or 501(a) of the Internal Revenue Code, as amended, and in effect as of January 1, 2007. The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. §1003(b)(1), as amended, and in effect as of January 1, 2007.
Source:
SL 1997, ch 250, §3; SL 2000, ch 215, §1; SL 2007, ch 252, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-18 - Court determination of appropriate exemption.

43-45-18. Court determination of appropriate exemption.
In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4.
Source:
SL 1997, ch 250, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 46 - Joint Owners' Liability For Decedents' Debts › Section 43-46-1 - Joint owners' liability for debts and obligations of deceased joint owner.

43-46-1. Joint owners' liability for debts and obligations of deceased joint owner.
Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or owners, under the conditions set forth in this chapter.
Source:
SL 1969, ch 198; SDCL 30-21A-1; SL 1995, ch 167, §167.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 46 - Joint Owners' Liability For Decedents' Debts › Section 43-46-2 - Right of action of creditor or representative of deceased joint owner.

43-46-2. Right of action of creditor or representative of deceased joint owner.
Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, against the surviving joint owner, or owners, setting forth such claim.
Source:
SL 1969, ch 198 (1); SDCL 30-21A-2; SL 1995, ch 167, §167.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 46 - Joint Owners' Liability For Decedents' Debts › Section 43-46-3 - Proof of insufficient other property of deceased joint owner to pay debts.

43-46-3. Proof of insufficient other property of deceased joint owner to pay debts.
In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in §43-46-2, the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at the time of his death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased joint owner's estate within thirty days from the date of his death, there shall be a presumption of evidence that the property standing in the name of decedent at the time of his death was insufficient to pay his debts and obligations.
Source:
SL 1969, ch 198 (4); SDCL 30-21A-3; SL 1995, ch 167, §167.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 46 - Joint Owners' Liability For Decedents' Debts › Section 43-46-4 - Limitation on amount of liability of surviving joint owner.

43-46-4. Limitation on amount of liability of surviving joint owner.
The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned property by the deceased joint owner determined as of the time of his death, but subject to all homestead and legal exemptions in such decedent's jointly owned property.
Source:
SL 1969, ch 198 (2); SDCL 30-21A-4; SL 1995, ch 167, §167.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 46 - Joint Owners' Liability For Decedents' Debts › Section 43-46-5 - Joinder of surviving joint owners in action--Right of contribution.

43-46-5. Joinder of surviving joint owners in action--Right of contribution.
In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any such surviving joint owner who is made a defendant in any such action shall have the right to require any other such surviving joint owner within the jurisdiction of the court to be joined as a party defendant in such action and shall also have the right of pro rata contribution against other surviving joint owners, to the extent of their respective liability hereunder.
Source:
SL 1969, ch 198 (3); SDCL 30-21A-5; SL 1995, ch 167, §167.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-1 - Lien defined.

44-1-1. Lien defined.
A lien is a charge imposed upon specific property by which it is made security for the performance of an act.
Source:
CivC 1877, §1697; CL 1887, §4321; RCivC 1903, §2017; RC 1919, §1522; SDC 1939, §39.0102.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-2 - Classification of liens--Definition of terms--General lien--Special lien.

44-1-2. Classification of liens--Definition of terms--General lien--Special lien.
Liens are general or special. A general lien is one which the holder thereof is entitled to enforce as security for the performance of all the obligations or all of a particular class of obligations which exist in his favor against the owner of the property. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation and of such obligations as may be incidental thereto.
Source:
CivC 1877, §§1698 to 1700; CL 1887, §§4322 to 4324; RCivC 1903, §§2018 to 2020; RC 1919, §§1523 to 1525; SDC 1939, §39.0102.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-3 - Application of general statutes to liens--Exception.

44-1-3. Application of general statutes to liens--Exception.
The general statutes relating to liens apply to all liens including mortgages and pledges unless from the context relating to any of them a different intention plainly appears.
Source:
CivC 1877, §1701; CL 1887, §4325; RCivC 1903, §2021; RC 1919, §1526; SDC 1939, §39.0101.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-4 - Creation of lien--Contract--Operation of law.

44-1-4. Creation of lien--Contract--Operation of law.
A lien is created:
(1)By contract; or
(2)By operation of law; but no lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
Source:
CivC 1877, §§1702, 1703; CL 1887, §§4326, 4327; RCivC 1903, §§2022, 2023; RC 1919, §§1527, 1528; SDC 1939, §39.0103.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-5 - Security for performance of future obligations--Creation of lien.

44-1-5. Security for performance of future obligations--Creation of lien.
A lien may be created by contract, to take immediate effect, as security for performance of obligations not then in existence.
Source:
CivC 1877, §1705; CL 1887, §4329; RCivC 1903, §2025; RC 1919, §1530; SDC 1939, §39.0104.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-6 - Agreement to create lien on future interest--Attachment of lien.

44-1-6. Agreement to create lien on future interest--Attachment of lien.
An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the property and to the extent of such interest.
Source:
CivC 1877, §1704; CL 1887, §4328; RCivC 1903, §2024; RC 1919, §1529; SDC 1939, §39.0105.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-7 - Lien or contract of lien transfers no title to property.

44-1-7. Lien or contract of lien transfers no title to property.
No title to the property is transferred by a lien or contract for lien notwithstanding any agreement to the contrary.
Source:
CivC 1877, §1706; CL 1887, §4330; RCivC 1903, §2026; RC 1919, §1531; SDC 1939, §39.0107.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-8 - Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.

44-1-8. Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.
All contracts for forfeiture of property subject to a lien in satisfaction of the obligation secured thereby and all contracts in restraint of the right of redemption from a lien are void.
Source:
CivC 1877, §1707; CL 1887, §4331; RCivC 1903, §2027; RC 1919, §1532; SDC 1939, §39.0108.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-9 - Obligation to perform not implied from lien.

44-1-9. Obligation to perform not implied from lien.
The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is security.
Source:
CivC 1877, §1708; CL 1887, §4332; RCivC 1903, §2028; RC 1919, §1533; SDC 1939, §39.0109.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-10 - Lien limited to specified obligation.

44-1-10. Lien limited to specified obligation.
The existence of a lien on property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.
Source:
CivC 1877, §1709; CL 1887, §4333; RCivC 1903, §2029; RC 1919, §1534; SDC 1939, §39.0110.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-11 - Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.

44-1-11. Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.
One who holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower under §§43-37-11 and 43-37-12.
Source:
CivC 1877, §1710; CL 1887, §4334; RCivC 1903, §2030; RC 1919, §1535; SDC 1939, §39.0111.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-12 - Destruction, disposal, or removal of personal property subject to security interest as felony.

44-1-12. Destruction, disposal, or removal of personal property subject to security interest as felony.
Any mortgagor or grantor of a security interest or other lien of personal property who, while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied, willfully destroys, conceals, sells, or in any manner disposes of or materially injures any part of the property covered by such mortgage, conditional sales agreement, or security agreement without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, or who willfully abandons the property covered by such mortgage, conditional sales agreement, or security agreement without first giving written notice to such secured party of his intention to abandon such property, or who removes any part of the property covered by such mortgage, conditional sales agreement, or security agreement from the county in which such mortgage, conditional sales agreement, or security agreement is filed except temporarily in accordance with the usual and customary use of the same or similar kinds of property while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, is guilty of a Class 6 felony.
Source:
PenC 1877, §579; CL 1887, §6933; RPenC 1903, §767; RC 1919, §4380; SL 1925, ch 110; SL 1927, ch 68; SDC 1939, §13.4402; SL 1972, ch 235; SL 1983, ch 306.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 01 - Definitions And General Provisions › Section 44-1-13 - Priority of lien securing future advances.

44-1-13. Priority of lien securing future advances.
A lien document containing a written provision securing the repayment of future advances, whether or not the lien creditor is obligated to make such future advances, has priority over all subsequent encumbrancers to the extent of all sums advanced, with interest thereon, with the same effect as if the entire sum had been advanced at the time of the creation of the lien.
Source:
SL 1985, ch 339.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-1 - Priority of different liens upon same property--Determination--Time of creation.

44-2-1. Priority of different liens upon same property--Determination--Time of creation.
Other things being equal, different liens upon the same property have priority according to the time of their creation.
Source:
CivC 1877, §1711; CL 1887, §4335; RCivC 1903, §2031; RC 1919, §1536; SDC 1939, §39.0112.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-2 - Purchase price of real property--Mortgage given for at time of conveyance--Vendor's lien--Priority over other liens--Operation of recording laws.

44-2-2. Purchase price of real property--Mortgage given for at time of conveyance--Vendor's lien--Priority over other liens--Operation of recording laws.
A mortgage given for the price of real property at the time of its conveyance and the vendor's lien for unpaid purchase price of real property have priority over all other liens created against the purchaser subject to the operation of the recording law.
Source:
CivC 1877, §1712; CL 1887, §4336; RCivC 1903, §2032; RC 1919, §1537; SDC 1939, §39.0113.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-3 - Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents.

44-2-3. Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents.
In all cases where no other provision is made by statute for giving public record notice of any claim of lien on personal property any person claiming such lien may give public record notice thereof by sworn statement executed in writing stating:
(1)The names and addresses of the owner of the property and of the lien claimant;
(2)A description of the property sufficient to identify it;
(3)The approximate location of the property;
(4)The date on which the lien is claimed to have arisen;
(5)The amount claimed as a lien, and if the lien is one, which may increase by future keep, care, or other transactions related to the property, the probable amounts by which it will increase;
(6)The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which its future accumulations may arise, sufficient to show the legal or contract right to such lien and its accumulations.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-4 - Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property.

44-2-4. Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property.
Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of the register of deeds.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-5 - Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees.

44-2-5. Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees.
The sworn statement of such claim of lien together with post office receipt for mailing as required in §44-2-4 may be filed in the office of the register of deeds of the county in which the property is located at the time of such filing and the register of deeds shall file and index it in the personal property index under the names of the property owner and the lien claimant, both alphabetically arranged, and thereafter it shall have the same effect and term of notice as a chattel mortgage duly filed.
The fees of registers of deeds in such cases shall be same as fees pertaining to chattel mortgages.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-6 - Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing.

44-2-6. Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing.
Certified copies of the lien statement as filed may be filed in any other county of the state with same effect as certified copies of chattel mortgages are filed and shall be filed and indexed accordingly.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-7 - Lien statement covering personal property--Assignment and satisfaction of record.

44-2-7. Lien statement covering personal property--Assignment and satisfaction of record.
Such liens may be assigned and satisfied of record the same as chattel mortgages.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-8 - Effect of lien claim or statement--Constructive notice.

44-2-8. Effect of lien claim or statement--Constructive notice.
A lien claim or statement mailed and filed in accordance with the provisions of this chapter shall from the time of its filing give constructive notice of its contents and a certified copy of such claim or statement filed in any other county of the state shall likewise give constructive notice of its contents from the time of its filing.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 02 - Recording, Notice And Priority Of Liens › Section 44-2-9 - Filing of lien statement without reasonable grounds--False statements in instrument--Noncompliance with demand for discharge--Civil action for damages--Penalty included in judgment.

44-2-9. Filing of lien statement without reasonable grounds--False statements in instrument--Noncompliance with demand for discharge--Civil action for damages--Penalty included in judgment.
Any person who shall file such a lien statement without reasonable grounds to believe that he is entitled to such lien or who shall file a statement containing any willfully made false substantial statement and who shall fail upon demand to execute and deliver to the property owner a full and complete discharge of such lien claim shall be liable in a civil action for all damages, expenses, and costs, including attorney's fees, caused to the property owner and an additional penalty of one hundred dollars to be included in the judgment in such action.
Source:
SDC 1939, §39.0124.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-1 - Marshaling securities among lien holders--Lien upon several things--Subordinate interest of others in some of the things--Classes of property to which resort may be had.

44-3-1. Marshaling securities among lien holders--Lien upon several things--Subordinate interest of others in some of the things--Classes of property to which resort may be had.
Where one has a lien upon several things and other persons have subordinate liens upon or interests in some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself or of injustice to other persons, must resort to the property in the following order on the demand of any party interested:
(1)To the things on which he has exclusive lien;
(2)To the things which are subject to the fewest subordinate liens; and
(3)In like manner inversely to the number of subordinate liens upon the same thing.
Source:
CivC 1877, §1713; CL 1887, §4337; RCivC 1903, §2033; RC 1919, §1538; SDC 1939, §39.0114.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-2 - Marshaling securities among lien holders--Several things within the same class and subject to same number of liens--Property to which resort may be had.

44-3-2. Marshaling securities among lien holders--Several things within the same class and subject to same number of liens--Property to which resort may be had.
When several things are within one of the classes described by §44-3-1 and subject to the same number of liens, resort must be had:
(1)To the things which had not been transferred since the prior lien was created;
(2)To the things which have been so transferred without a valuable consideration; and
(3)To the things which have been so transferred for a valuable consideration.
Source:
CivC 1877, §1713, subdiv 4; CL 1887, §4337, subdiv 4; RCivC 1903, §2033, subdiv 4; RC 1919, §1538 (4); SDC 1939, §39.0114 (4).
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-3 - Redemption from lien--Manner of making--Performance of condition--Payment of damages for delay.

44-3-3. Redemption from lien--Manner of making--Performance of condition--Payment of damages for delay.
Redemption from a lien is made by performing or offering to perform the act for the performance of which it is a security and paying or offering to pay the damages, if any, to which the holder of the lien is entitled for delay.
Source:
CivC 1877, §1716; CL 1887, §4340; RCivC 1903, §2036; RC 1919, §1541; SDC 1939, §39.0116.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-4 - Right to redeem from lien--Time for redemption.

44-3-4. Right to redeem from lien--Time for redemption.
Every person having an interest in property subject to a lien has a right to redeem it from a lien at any time after the claim is due and before his right of redemption is foreclosed.
Source:
CivC 1877, §1714; CL 1887, §4338; RCivC 1903, §2034; RC 1919, §1539; SDC 1939, §39.0115.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-5 - Inferior lien holder--Right to redeem.

44-3-5. Inferior lien holder--Right to redeem.
One who has a lien inferior to another upon the same property has a right to redeem the property in the same manner as its owner might from the superior lien.
Source:
CivC 1877, §1715, subdiv 1; CL 1887, §4339, subdiv 1; RCivC 1903, §2035, subdiv 1; RC 1919, §1540 (1); SDC 1939, §39.0117 (1).
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-6 - Subrogation of inferior lien holder.

44-3-6. Subrogation of inferior lien holder.
One who has a lien inferior to another upon the same property has a right to be subrogated to all the benefits of the superior lien when necessary for the protection of his interests upon satisfying the claim secured thereby.
Source:
CivC 1877, §1715, subdiv 2; CL 1887, §4339, subdiv 2; RCivC 1903, §2035, subdiv 2; RC 1919, §1540 (2); SDC 1939, §39.0117 (2).
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-7 - Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount.

44-3-7. Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount.
Where a holder of a special lien satisfies a prior lien for his own protection he may enforce payment of the amount so paid by him as a part of the claim for which his own lien exists.
Source:
CivC 1877, §1700; CL 1887, §4324; RCivC 1903, §2020; RC 1919, §1525; SDC 1939, §39.0106.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens › Section 44-3-8 - Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty.

44-3-8. Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty.
Whenever any mortgage, pledge, or other lien of any kind has been satisfied either by payment, foreclosure, or other legal means, the holder of such lien shall, within thirty days of satisfaction, deliver a sworn satisfaction to the debtor. However, immediately upon satisfaction of a lien or at any time thereafter, if the owner of the property makes written demand on the lienholder, the lienholder shall, within ten days of receipt, execute and deliver to the debtor a sufficient sworn satisfaction to cancel the lien or any record thereof. If the lienholder fails to execute and deliver to the owner of the property a sworn satisfaction within ten days of receipt of a proper written demand, the owner of the property is entitled to recover from the person who failed to comply with the provisions of this section all damages that he or she may have sustained thereby, including attorney's fees and an additional penalty in the sum of one hundred dollars.
Source:
SDC 1939, §39.0118; SL 2003, ch 229, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-1 - Liens subject to release by undertaking.

44-4-1. Liens subject to release by undertaking.
When any mechanics', miners', laborers', or materialmen's lien on real or personal property or on the proceeds of public improvement contracts, lien for the service of sires, seed lien, crop production lien, or vaccination of livestock lien under the provisions of chapters 5-22, 38-17, 40-27, 44-9, and 44-11, is filed against real or personal property located in this state, the property affected may be released by an undertaking in the manner provided in this chapter.
Source:
SL 1966, ch 124, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-2 - Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents.

44-4-2. Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents.
The owner of the property to be released by undertaking, or a person substantially affected thereby or having a substantial interest in the lien to be released, shall cause to be filed with the officer having control or custody of the record of the lien, his affidavit, or the affidavit of his agent or attorney, describing the property, lien, and his interest in said property and stating that the owner or interested party desires a discharge of the lien from the records.
Source:
SL 1966, ch 124, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-3 - Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.

44-4-3. Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.
The person filing an affidavit pursuant to §44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.
Source:
SL 1966, ch 124, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-4 - Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence.

44-4-4. Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence.
The officer before whom the proceedings are held may charge a fee in accordance with subdivision 7-9-15(3) upon the filing of the affidavit and undertaking and notice, and the documents shall be filed or recorded in the same manner as the notice of lien. Certified copies of the documents shall be prima facie evidence, in the courts of this state, of the matters therein contained.
Source:
SL 1966, ch 124, §5; SL 1999, ch 33, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-5 - Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return.

44-4-5. Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return.
The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien, on the lien claimant or the lien claimant's agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien.
Source:
SL 1966, ch 124, §3; SL 2007, ch 253, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-6 - Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify.

44-4-6. Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify.
At the time and place specified in the notice for the hearing, the lien claimant or his agent or attorney may except to the sufficiency of the surety, and thereupon the sureties may justify before the officer named in the original notice. If the sureties, or others substituted, fail to justify within ten days from the date named for the hearing, said application shall be dismissed.
Source:
SL 1966, ch 124, §4; SL 1988, ch 27, §12.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-7 - Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry.

44-4-7. Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry.
If no exception is taken to the sufficiency of the sureties, or if the sureties justify as provided in §44-4-6, and if the officer having control of the record of the lien approves the undertaking the lien shall be discharged of record by an entry on the margin of the record thereof as follows: "discharged by undertaking." The officer shall date and sign the discharge and thereafter the lien shall be of no effect.
Source:
SL 1966, ch 124, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 04 - Release Of Liens By Undertaking › Section 44-4-8 - Release and exoneration of sureties on undertaking for release of property from lien.

44-4-8. Release and exoneration of sureties on undertaking for release of property from lien.
Sureties on the bond shall be released and exonerated unless action is commenced on the claim on which said lien was based within one year from the date said lien was discharged.
Source:
SL 1966, ch 124, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 05 - Extinguishment Of Liens › Section 44-5-1 - Lien extinguishable as accessory obligation.

44-5-1. Lien extinguishable as accessory obligation.
A lien is to be deemed accessory to the act for the performance of which it is security, whether any person is bound for such performance or not and is extinguishable as any accessory obligation.
Source:
CivC 1877, §1717; CL 1887, §4341; RCivC 1903, §2037; RC 1919, §1542; SDC 1939, §39.0119.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 05 - Extinguishment Of Liens › Section 44-5-2 - Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.

44-5-2. Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.
The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property unless otherwise agreed by the parties and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.
Source:
CivC 1877, §1721; CL 1887, §4345; RCivC 1903, §2041; RC 1919, §1546; SDC 1939, §39.0123.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 05 - Extinguishment Of Liens › Section 44-5-3 - Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished.

44-5-3. Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished.
The sale of any property on which there is a lien toward satisfaction of the claim secured thereby, and in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.
Source:
CivC 1877, §1718; CL 1887, §4342; RCivC 1903, §2038; RC 1919, §1543; SDC 1939, §39.0120.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 05 - Extinguishment Of Liens › Section 44-5-4 - Act secured by lien--Partial performance does not extinguish lien.

44-5-4. Act secured by lien--Partial performance does not extinguish lien.
The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property, even if it is divisible.
Source:
CivC 1877, §1720; CL 1887, §4344; RCivC 1903, §2040; RC 1919, §1545; SDC 1939, §39.0122.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 05 - Extinguishment Of Liens › Section 44-5-5 - Lien not extinguished by limitation of action on main obligation.

44-5-5. Lien not extinguished by limitation of action on main obligation.
A lien is not extinguished by the mere lapse of the time within which an action could be brought upon the main obligation under the statutes of limitation of actions.
Source:
CivC 1877, §1719; CL 1887, §4343; RCivC 1903, §2039; RC 1919, §1544; SDC 1939, §39.0121.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 06 - Vendor's And Vendee's Liens › Section 44-6-1 - Purchase price of real property--Special or vendor's lien.

44-6-1. Purchase price of real property--Special or vendor's lien.
One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer.
Source:
CivC 1877, §1801; CL 1887, §4436; RCivC 1903, §2148; RC 1919, §1689; SDC 1939, §39.0601.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 06 - Vendor's And Vendee's Liens › Section 44-6-2 - Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.

44-6-2. Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.
One who pays to the owner any part of the price of real property under an agreement for the purchase thereof has a special or vendee's lien upon the property independent of possession for such part of the amount paid as he may be entitled to recover back in case of failure of consideration.
Source:
CivC 1877, §1805; CL 1887, §4440; RCivC 1903, §2152; RC 1919, §1693; SDC 1939, §39.0601.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 06 - Vendor's And Vendee's Liens › Section 44-6-3 - Validity of liens of vendors and vendees--Exception.

44-6-3. Validity of liens of vendors and vendees--Exception.
The liens described by §§44-6-1 and 44-6-2 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer without notice, in good faith, and for value.
Source:
CivC 1877, §1803; CL 1887, §4438; RCivC 1903, §2150; RC 1919, §1691; SDC 1939, §39.0601.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 06 - Vendor's And Vendee's Liens › Section 44-6-4 - Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.

44-6-4. Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.
Where a buyer of real property gives to the seller a written contract for the payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts and return the surplus is not a waiver of the lien.
Source:
CivC 1877, §1802; CL 1887, §4437; RCivC 1903, §2149; RC 1919, §1690; SDC 1939, §39.0602.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 06 - Vendor's And Vendee's Liens › Section 44-6-5 - Lien on personal property for purchase price--Enforcement.

44-6-5. Lien on personal property for purchase price--Enforcement.
One who sells personal property has a special lien thereon, dependent on possession for its price, if it is in his possession when the price becomes payable and may enforce his lien in like manner as if the property was pledged to him for the price.
Source:
CivC 1877, §1804; CL 1887, §4439; RCivC 1903, §2151; RC 1919, §1692; SDC 1939, §39.0603.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 07 - Federal Tax Lien Registration › Section 44-7-1.1 - Applicability of chapter.

44-7-1.1. Applicability of chapter.
This chapter applies only to federal tax liens and to other federal liens notices that, under any act of Congress or any federal regulation adopted pursuant to any act of Congress, are required or permitted to be filed in the same manner as notices of federal tax liens.
Source:
SL 1988, ch 355, §1; SL 2005, ch 236, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 07 - Federal Tax Lien Registration › Section 44-7-2.1 - Procedure for filing under chapter.

44-7-2.1. Procedure for filing under chapter.
Filings made pursuant to this chapter shall be as follows:
(1)Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens shall be filed in accordance with this chapter;
(2)Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the register of deeds in the county in which the real property subject to the liens is situated;
(3)Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
(a)If the person against whose interest the lien applies is a corporation or a partnership whose principal place of business is in this state, as these entities are defined in the internal revenue laws of the United States, in the Office of the Secretary of State;
(b)In all other cases, in the office of the register of deeds of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
Source:
SL 1988, ch 355, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 07 - Federal Tax Lien Registration › Section 44-7-3.1 - Certification as entitling liens, etc., to be filed.

44-7-3.1. Certification as entitling liens, etc., to be filed.
Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.
Source:
SL 1988, ch 355, §3.