reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-25 - Summons and complaint of adverse claimant--Answer and trial.

21-36-25. Summons and complaint of adverse claimant--Answer and trial.
The adverse claimant or claimants may serve and file a summons and a complaint in the circuit court for the county where such action was brought, alleging his claim or right to said property or the proceeds thereof. A copy of such summons and complaint shall be served upon the state's attorney of the county, and the attorney general, who shall within thirty days thereafter answer the same, and the court thereupon must try the issue as in the original action.
Source:
SL 1909, ch 104, §10; RC 1919, §3058; SL 1929, ch 119, §2; Supreme Court Rule 604, 1939; SDC 1939 & Supp 1960, §37.4208.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-26 - Judgment for claimant to escheated property--Restoration of property--Interest not included in judgment.

21-36-26. Judgment for claimant to escheated property--Restoration of property--Interest not included in judgment.
If judgment shall be awarded the claimant, the court must order the property if not sold, to be delivered to him by the receiver, administrator, or the commissioner of school and public lands, or if it has been sold and the proceeds paid into the state treasury as a part of the school fund, the Legislature shall provide for the payment of the same. No judgment shall be rendered in favor of such person for a sum in excess of the principal received into the school fund, exclusive of interest, rents, and profits; it being the intent of this section that any interest or profits derived from said principal shall be retained in said school fund as compensation for the care and preservation of said property.
Source:
SL 1909, ch 104, §10; RC 1919, §3058; SL 1929, ch 119, §2; Supreme Court Rule 604, 1939; SDC 1939 & Supp 1960, §37.4208.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-27 - Claims to escheated property barred by limitations--Persons under disability.

21-36-27. Claims to escheated property barred by limitations--Persons under disability.
All persons who fail to appear and file their complaint within the time limited by this chapter are forever barred, saving, however, to infants and persons of unsound mind the right to appear and file their complaint within one year after their respective disabilities cease.
Source:
SL 1909, ch 104, §10; RC 1919, §3058; SL 1929, ch 119, §2; Supreme Court Rule 604, 1939; SDC 1939 & Supp 1960, §37.4208.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-28 - Appeal to Supreme Court.

21-36-28. Appeal to Supreme Court.
Any party to any action or proceeding under this chapter may appeal from the judgment of the circuit court to the Supreme Court, in the manner provided by law and the rules of court for appeals from the circuit court.
Source:
SL 1909, ch 104, §11; RC 1919, §3059; SDC 1939 & Supp 1960, §37.4209.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 36 - Actions For Escheat Of Property › Section 21-36-29 - Escheated property credited to school fund.

21-36-29. Escheated property credited to school fund.
All property recovered under the provisions of this chapter shall, after the expiration of the time in which the right to bring an action for the recovery of such property shall have expired, be placed to the credit of the school fund for the maintenance of the public schools of this state.
Source:
SL 1909, ch 104, §8; RC 1919, §3056; SL 1929, ch 119, §1; SDC 1939, §37.4206; SL 1945, ch 164.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-1 - Circuit court power to change names--Pending proceedings and existing rights unaffected.

21-37-1. Circuit court power to change names--Pending proceedings and existing rights unaffected.
The circuit court shall have authority to change the names of persons, municipalities, and the name of any recorded plat or map of land situated within the limits of any municipality, as provided in this chapter. The change of names shall in no manner affect or alter any pending action or legal proceeding, nor any right, title, or interest whatsoever.
Source:
CCivP 1877, §§734, 737; CL 1887, §§5556, 5559; RCCivP 1903, §§803, 806; SL 1903, ch 183; RC 1919, §§3042, 3045; SDC 1939 & Supp 1960, §37.1001; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-2 - Residence required for change of name of person--Proceedings.

21-37-2. Residence required for change of name of person--Proceedings.
Any person who has been a bona fide resident of any county of this state for a period of six months next preceding the filing of the petition required in §21-37-3, may change his or her name by proceeding as provided by §§21-37-3 to 21-37-5, inclusive.
Source:
CCivP 1877, §735; CL 1887, §5557; RCCivP 1903, §804; RC 1919, §3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, §37.1002.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-3 - Petition for change of name of person--Contents.

21-37-3. Petition for change of name of person--Contents.
A petition for change of name of a person must be filed in the office of the clerk of courts of the county of petitioner's said residence, entitled in the circuit court for said county and stating that the petitioner has been a bona fide resident citizen of such county for at least six months prior to filing the petition; the cause for which change of petitioner's name is sought; and the name asked for.
Source:
CCivP 1877, §735; CL 1887, §5557; RCCivP 1903, §804; RC 1919, §3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, §37.1002 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-3.1 - Single petition for certain family members.

21-37-3.1. Single petition for certain family members.
Persons who are married pursuant to §25-1-1 and any natural or adopted child of either person may file one petition for change of name.
Source:
SL 1998, ch 128, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-4 - Notice of hearing on change of name of person.

21-37-4. Notice of hearing on change of name of person.
The petitioner shall give notice of the hearing on change of name of a person, stating the time and place and object thereof with the old and proposed names of the petitioner, by publishing the notice once each week for four successive weeks in any legal newspaper of the county of petitioner's residence. In any action where the change of name sought involves a minor child, the petitioner shall also give notice in the same manner as is required for service of a summons pursuant to §15-6-4 to any parent that is not a party to the petition and whose parental rights have not been terminated.
Source:
CCivP 1877, §735; CL 1887, §5557; RCCivP 1903, §804; RC 1919, §3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, §37.1002 (2); SL 2015, ch 123, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-5 - Hearing and order changing name of person.

21-37-5. Hearing and order changing name of person.
At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as required in §21-37-4 and that the allegations of the petition are true, and that there exists proper and reasonable cause for changing the name of the petitioner, the court or judge shall make an order directing a change of the name of the petitioner and directing that such order be entered by the clerk.
Source:
CCivP 1877, §735; CL 1887, §5557; RCCivP 1903, §804; RC 1919, §3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, §37.1002 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-5.1 - Exception to notice and open court hearing requirements for name change of minor.

21-37-5.1. Exception to notice and open court hearing requirements for name change of minor.
The court may grant an order changing the name of a minor child without publication of notice or a hearing in open court if all of the following conditions are met:
(1)It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months;
(2)The minor child's parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change;
(3)The minor child, if twelve years of age or older, gives written consent to the name change; and
(4)It appears to the court that the name change is in the minor child's best interests.
Source:
SL 2016, ch 119, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-5.2 - Notice and open court requirements--Exception--Name change of victims--Sealed records.

21-37-5.2. Notice and open court requirements--Exception--Name change of victims--Sealed records.
The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met:
(1)The petitioner is over the age of eighteen years or is a guardian of a minor child;
(2)The petitioner or minor child is a resident of this state;
(3)The petitioner:
(a)Or minor child is a victim of human trafficking and has a particularized need for a change of name to protect them from a person who victimized them such that there is a sufficient basis to grant an exception to the requirements of §§21-37-4 and 21-37-5; or
(b)Is an adult, is a victim of domestic abuse, and the petitioner shows a particularized need for a change of name to protect the petitioner from the perpetrator such that there is a sufficient basis to grant an exception to the requirements of §§21-37-4 and 21-37-5;
(4)It appears to the court that the name change is in the petitioner's or minor child's best interests; and
(5)The court finds that the name change is not done for the purposes of fraud.
If good cause exists, the court may order all records regarding the petition and order be sealed. The court may order that if a new certificate of birth is obtained under §34-25-16.8, the original certificate, and any other evidence upon which a new certificate is made, be sealed. The order must include findings that the petitioner is a victim meeting the requirements of subsection (3)(a) or (3)(b). The records shall only be opened by a court order based upon showing good cause or at the petitioner's request.
Source: SL 2020, ch 75, §1; SL 2022, ch 59, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-6 - Change of name of municipality or platted portion--Proceedings.

21-37-6. Change of name of municipality or platted portion--Proceedings.
Whenever it may be desirable to change the name of any municipality or platted or mapped portion thereof, any person interested in proposing such change may proceed as provided by §§21-37-7 to 21-37-9, inclusive.
Source:
CCivP 1877, §736; CL 1887, §5558; RCCivP 1903, §805; RC 1919, §3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, §37.1003.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-7 - Petition for change of name of municipality or platted portion.

21-37-7. Petition for change of name of municipality or platted portion.
A petition for change of name under §21-37-6 shall be filed in the office of the clerk of the circuit court for the county in which the municipality is situated setting forth the cause why such change of name is desirable, and the name asked to be substituted.
Source:
CCivP 1877, §736; CL 1887, §5558; RCCivP 1903, §805; RC 1919, §3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, §37.1003 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-8 - Publication of notice of hearing on change of name of municipality of platted portion.

21-37-8. Publication of notice of hearing on change of name of municipality of platted portion.
Notice of the hearing on change of name under §21-37-6, stating the time and place of hearing, object of hearing, and proposed name shall be given by publishing the same once each week for at least two successive weeks in some legal newspaper published in the municipality involved or if none is published therein, then in any legal newspaper of the county, in which the municipality is situated.
Source:
CCivP 1877, §736; CL 1887, §5558; RCCivP 1903, §805; RC 1919, §3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, §37.1003 (2); SL 1972, ch 51, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-9 - Hearing and order on change of name of municipality or platted portion--Proof of voters' desire required--Duplication of names avoided.

21-37-9. Hearing and order on change of name of municipality or platted portion--Proof of voters' desire required--Duplication of names avoided.
At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as provided in §21-37-8 and that two-thirds of the legal voters of such municipality desire such change of name, and that there is no other municipality in the state of the name asked for, or in the case of proposed change of name of a platted or mapped portion of a municipality, that there is no other platted or mapped portion of the same name as proposed in said municipality, unless the portion is being added to a portion with the name to which change is sought, the court or judge may order and direct such change of name and direct the clerk to enter such order.
Source:
CCivP 1877, §736; CL 1887, §5558; RCCivP 1903, §805; RC 1919, §3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, §37.1003 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 37 - Change Of Name › Section 21-37-10 - Judgment for costs against petitioner.

21-37-10. Judgment for costs against petitioner.
All proceedings under this chapter shall be at the cost of the petitioner and judgment may be entered against him for costs as in other civil actions.
Source:
CCivP 1877, §737; CL 1887, §5559; RCCivP 1903, §806; RC 1919, §3045; SDC 1939 & Supp 1960, §37.1001.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-1 - Court records and register of deeds records subject to restoration procedure.

21-38-1. Court records and register of deeds records subject to restoration procedure.
Whenever the loss or destruction of any record or any part thereof, of any circuit or magistrate court, or of any record in the office of the register of deeds of an instrument affecting the title to real property in this state shall have happened, or shall hereafter happen, and the original instrument from which said record was made, or a duly certified copy thereof cannot be produced, the record of such instrument may be established and restored as provided in this chapter.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1101.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-2 - Venue of restoration proceedings.

21-38-2. Venue of restoration proceedings.
The venue of proceedings to establish or restore a lost public record shall be:
(1)Court records: in the court whose record is sought to be established or restored;
(2)Register of deeds records: in the circuit court for the county in which the office whose record is sought to be restored is situated.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1102.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-3 - Title of application for restoration.

21-38-3. Title of application for restoration.
The application for restoration of a public record under the provisions of this chapter shall be entitled in the court having jurisdiction and in the name of the person making the application and shall designate in its title in general terms the name of the instrument or record sought to be restored.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-4 - Substance and proposed copy of record shown in application for restoration.

21-38-4. Substance and proposed copy of record shown in application for restoration.
The application for restoration of a public record shall show the substance of the instrument or record as the applicant desires to have restored, together with a proposed copy of such instrument or record as the applicant claims it should be.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (4).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-5 - Interest of applicant shown in application for restoration.

21-38-5. Interest of applicant shown in application for restoration.
The application for restoration of a public record shall show the interest of the applicant in having said instrument or record restored, and the reason or necessity therefor, and the injury, if any, that may result to him if said instrument or record is not restored.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (5).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-6 - Circumstances of loss or destruction shown in application for restoration.

21-38-6. Circumstances of loss or destruction shown in application for restoration.
The application for restoration of a public record shall show the loss or destruction of the instrument or record and the cause and approximate date thereof, and such other relevant facts as the applicant may be able to show.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-7 - Loss or destruction without fault of applicant shown in application for restoration.

21-38-7. Loss or destruction without fault of applicant shown in application for restoration.
The application for restoration of a public record shall show that such loss or destruction happened without willful act, neglect, or connivance of the applicant.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-8 - Signing and verification of application for restoration.

21-38-8. Signing and verification of application for restoration.
The application for restoration of a public record shall be signed by a licensed attorney of this state or by the applicant. If signed by an attorney, his signature shall be of the same effect as the signature to a complaint in a civil action. If signed by the applicant it must be verified or supported by his affidavit.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, §37.1103 (6).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-9 - Time and place of hearing on restoration of record--Notice.

21-38-9. Time and place of hearing on restoration of record--Notice.
Upon the filing of an application for restoration of a public record with the clerk of the court having jurisdiction, the court shall by order fix a time and place for hearing the same and direct such notice thereof as to the court may seem warranted in each particular case. In case publication is required, the court shall designate the newspaper most likely to give notice to persons who may be interested. In case the proceeding was in rem, and no personal service was made, the instrument or record may be restored upon like notice as nearly as may be as in the original proceeding.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1104.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-10 - Hearing on restoration of record--Proof required.

21-38-10. Hearing on restoration of record--Proof required.
At the time and place fixed in the notice, the court shall first require proof of the giving of the notice in accordance with its order and a showing of any appearances or protestations or objections, if any, which have been made. The court shall then proceed to hear the proof of the applicant which may be by testimony or affidavit, certificate, or other methods of proof permitted in this title, and the court shall likewise hear any interested persons in opposition to the application.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 571, 1939; SDC 1939 & Supp 1960, §37.1105.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 38 - Restoration Of Public Records › Section 21-38-11 - Findings and judgment on restoration of record.

21-38-11. Findings and judgment on restoration of record.
If the application is contested the court shall make findings, conclusions, and judgment as in any civil action tried to the court. If there is no contest the court shall by its judgment establish the instrument or record or the parts thereof in accordance with the application and the proof adduced and the instrument or record as so established shall be incorporated in the judgment as a part thereof or as an exhibit thereto, and thereafter the same shall be of the same legal force and effect as the original instrument or record.
Source:
SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1106.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 39 - Determination Of Heirship › Section 21-39-1 - Circuit court jurisdiction to determine heirs under federal land laws.

21-39-1. Circuit court jurisdiction to determine heirs under federal land laws.
Whenever a patent shall have been issued direct to the heirs of a deceased person under the homestead or any other laws of the United States, the circuit court for the county in which such lands, or any part thereof, so patented are situated shall have original jurisdiction in a civil action brought for that purpose to determine who are such heirs and to determine the respective shares of such heirs in and to the lands so patented.
Source:
SL 1913, ch 231, §1; RC 1919, §2869; SL 1921, ch 182; SDC 1939 & Supp 1960, §37.1503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 39 - Determination Of Heirship › Section 21-39-2 - County court decrees prior to 1959 validated.

21-39-2. County court decrees prior to 1959 validated.
In all cases prior to July 1, 1959, where patent has issued to the heirs of a decedent under the laws of the United States and the county court of the county wherein such patented land is situated has determined who were the heirs of such decedent and their respective shares in and to said patented land, such decrees of said county court establishing and declaring such heirship and such shares shall have the same force, effect, and validity as though made by the circuit court for said county.
Source:
SL 1925, ch 4, §2; SDC 1939, §65.0314; SL 1959, ch 459.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-1 - Action against adjoining landowner to determine boundary.

21-40-1. Action against adjoining landowner to determine boundary.
An action may be brought in the circuit court by any person owning land or any interest therein against the owner or persons interested in adjoining land to have the boundary lines thereof established.
Source:
SL 1923, ch 140, §1; SDC 1939 & Supp 1960, §37.1301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-2 - Action to determine boundaries of tracts dependent on common landmark.

21-40-2. Action to determine boundaries of tracts dependent on common landmark.
When the boundary lines of two or more tracts depend upon any common point, line, or landmark, an action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all of such boundary lines established.
Source:
SL 1923, ch 140, §1; SDC 1939 & Supp 1960, §37.1301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-3 - Addition of parties defendant for more complete settlement.

21-40-3. Addition of parties defendant for more complete settlement.
When in any action under this chapter it appears to the court that any owner, lien holder, or person interested in any of the tracts involved ought, for a full settlement and adjudication of all the questions involved, to be made a party, the court shall stay the proceedings in said action and order that they be made parties defendant and be served with the summons therein.
Source:
SL 1923, ch 140, §2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, §37.1302.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-4 - Practice and procedural rules.

21-40-4. Practice and procedural rules.
Actions to determine boundary lines shall be governed by the general rules relating to pleadings, practice, and procedure in civil actions as near as may be, except as otherwise provided in this chapter.
Source:
SL 1923, ch 140, §2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, §37.1302.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-5 - Determination of adverse claims--Survey ordered.

21-40-5. Determination of adverse claims--Survey ordered.
The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and the marking thereof and may order a survey to be made by a competent surveyor of such boundary lines between such lands.
Source:
SL 1923, ch 140, §1; SDC 1939 & Supp 1960, §37.1301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-6 - Judgment to refer to permanent landmarks--Survey--Specifications for judicial landmark.

21-40-6. Judgment to refer to permanent landmarks--Survey--Specifications for judicial landmark.
Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a registered land surveyor to establish and mark such boundaries. Such landmarks so established, located, and placed in the earth shall have distinctly marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name and the registration number of the surveyor who placed the landmark.
Source:
SL 1923, ch 140, §3; SDC 1939 & Supp 1960, §37.1303; SL 2011, ch 70, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-7 - Filing and recording of report on survey and landmarks--Incorporation of report in judgment.

21-40-7. Filing and recording of report on survey and landmarks--Incorporation of report in judgment.
The surveyor shall make a full and complete report of his action to the court and therein accurately describe the landmarks so placed and define their location as nearly as practicable. Such report shall be filed with the clerk as one of the records of the action and a certified copy of the same may be filed in the office of the register of deeds of any county in which any of the land affected is located and thereafter shall be constructive notice of its contents. The judgment shall contain a recital approving such report in whole or in part and may adopt said report as a part of the judgment by incorporating it therein or attaching it as an exhibit thereto.
Source:
SL 1923, ch 140, §3; SDC 1939 & Supp 1960, §37.1303.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 40 - Boundary Determinations › Section 21-40-8 - Costs and expenses of survey.

21-40-8. Costs and expenses of survey.
The court shall make such order respecting the costs and disbursements including the costs and expenses of a survey thereof and of the establishing of any markings of such boundaries between the parties to such action as it shall deem just.
Source:
SL 1923, ch 140, §1; SDC 1939 & Supp 1960, §37.1301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-1 - Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant.

21-41-1. Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant.
An action may be maintained by any person or persons having or claiming to have an estate or interest in or lien or encumbrance upon any real property, whether in or out of possession thereof and whether such property is vacant or occupied, against any person or persons claiming an estate or interest in or lien or encumbrance upon the same or any part thereof for the purpose of determining such adverse interest, estate, lien, or encumbrance, and against all persons who appear from the records in the office of the register of deeds, the county treasurer, clerk of courts, or other public records in the county where such land lies to have or ever to have had any estate or interest in or lien or encumbrance upon such real property or any part thereof and against personal representatives, heirs at law, devisees, legatees, and creditors of any such person or persons who may be deceased, whether such personal representatives, heirs at law, devisees, legatees, and creditors be known or unknown, and generally against all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof for the purpose of quieting the title to such real property and of determining such estate, interest, lien, or encumbrance, and in such action any number of persons may be joined as plaintiffs, whether holding as tenants in common, joint tenants, partners, or in severalty, where the relief demanded in the complaint is common to all of such plaintiffs.
Source:
CCivP 1877, §635; CL 1887, §5449; RCCivP 1903, §675; SL 1903, ch 194, §1; SL 1905, ch 81; SL 1917, ch 199; RC 1919, §2846; SDC 1939, §37.1501; SL 1945, ch 162.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-2 - Joinder of causes of action as to different tracts or parcels--Common interest required.

21-41-2. Joinder of causes of action as to different tracts or parcels--Common interest required.
The plaintiff or plaintiffs may join in one cause of action as many tracts, parcels, or lots of real estate wherever situated within the state as they may elect, provided they all have a common interest in obtaining the relief demanded in all real estate included in the action and regardless of whether or not the interests of the defendants are common to all of such real estate.
Source:
Supreme Court Rule 580, 1939; SDC 1939 & Supp 1960, §37.1504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-3 - Request before action for quitclaim deed--Expense tendered--Costs and attorney fee taxed if plaintiff successful in action.

21-41-3. Request before action for quitclaim deed--Expense tendered--Costs and attorney fee taxed if plaintiff successful in action.
If a party, twenty days or more before bringing suit to quiet a title to real estate shall request of the person holding an apparent adverse interest or right therein the execution of a quitclaim deed or other instrument necessary to divest said person of such apparent adverse interest therein, and shall also tender to him one dollar and twenty-five cents to cover the expense of the execution and delivery of the deed or such other instrument, and if he shall refuse or neglect to comply therewith, the filing of a disclaimer of interest or right shall not avoid the costs in an action afterwards brought, and the court may in its discretion, if the plaintiff succeeds, tax in addition to the ordinary costs of court, an attorney fee for plaintiff's attorney not exceeding forty dollars.
Source:
SL 1913, ch 170; RC 1919, §2867; SDC 1939 & Supp 1960, §37.1523.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-4 - Joinder of parties plaintiff.

21-41-4. Joinder of parties plaintiff.
Any number of persons may be joined as plaintiffs in an action brought pursuant to §21-41-1, where one or more defendants are proper defendants as to all such plaintiffs, without regard to whether all plaintiffs have an interest in all real estate involved, and the finding of the court in said action that one or more defendants are proper defendants as to all such plaintiffs shall be conclusive upon that question; the provisions of this section shall be so construed that it will in no matter limit any rights which would have existed under §21-41-1 as to the joinder of plaintiffs if this section had not been enacted.
Source:
SDC 1939, §37.1501 as added by SL 1945, ch 162.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-5 - Joinder of known claimants as defendants.

21-41-5. Joinder of known claimants as defendants.
In such action all persons who have or claim to have or who appear of record to have ever had any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint or any part thereof or if dead, their heirs, devisees, legatees, personal representatives, or creditors or any or either of them, may be made defendants by name, if known.
Source:
SL 1903, ch 194, §2; SL 1905, ch 81; RC 1919, §2847; SDC 1939 & Supp 1960, §37.1505; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.

21-41-6. Joinder of unknown claimants as defendants--Proof of want of knowledge.
If not known, the persons named in §21-41-5 may be made defendants by designating them in the summons and complaint as, all persons unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the complaint. In case unknown parties are so made defendants, the complaint shall state and the proof show that if there are any persons whomsoever who have any interest or estate in, claim to, or lien or encumbrance upon the premises other than the defendants named, they were unknown at the time of the commencement of the action.
Source:
SL 1903, ch 194, §2; SL 1905, ch 81; RC 1919, §2847; SDC 1939 & Supp 1960, §37.1505.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-7 - Filing of complaint and summons--Form for summons.

21-41-7. Filing of complaint and summons--Form for summons.
The action shall be commenced by the filing of a complaint in the office of the clerk of courts of the county in which the real estate or some part thereof is situated, and the issuance of a summons, which, after the title of the action, shall be substantially in the following form: The State of South Dakota, to the Above Named Defendants:
You are hereby summoned and required to answer the complaint of the plaintiff, which was filed in the office of the clerk of this court, at ________ in ________ county, South Dakota, on the ________ day of ________, 20__, and which prays for a judgment quieting the title to and the determination of all adverse claims against the premises described in the complaint, (or which prays for a judgment determining all interests in and liens against the premises described in the complaint as the case may be), situate in said county, to wit: ________, and to serve a copy of your answer to said complaint on the undersigned at their office in ________, within thirty days after the completed service of this summons upon you, exclusive of the day of such service; and if you fail to answer said complaint within that time, the plaintiff will apply to the court for the relief demanded in the complaint.
_____________________________
Attorneys for Plaintiff.
Source:
SL 1903, ch 194, §5; SL 1905, ch 81; RC 1919, §2850; Supreme Court Rule 582, 1939; SDC 1939 & Supp 1960, §37.1511.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-8 - Service of summons on named defendants.

21-41-8. Service of summons on named defendants.
The summons shall be served upon all defendants specified by name in the title to the action, either personally or by publication as provided by statute or rules of court for such service.
Source:
SL 1903, ch 194, §6; SL 1905, ch 81; RC 1919, §2851; SDC 1939 & Supp 1960, §37.1512.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-9 - Service by publication on unknown defendants--Mail service not required--Effect of service by publication.

21-41-9. Service by publication on unknown defendants--Mail service not required--Effect of service by publication.
The court may grant an order for the service of the summons upon defendants who are unknown, whether heirs, devisees, legatees, personal representatives, or creditors or any other unknown person, by publication upon the filing of an affidavit by the plaintiff, his agent or attorney, stating that if there are any persons other than those named as defendants in the summons and complaint who have or claim to have any interest or estate in or claim to, or lien or encumbrance upon the premises adverse to plaintiff, such persons are unknown. No deposit of a copy of the summons and complaint in the post office for unknown defendants shall be required, and service shall be complete as to all unknown defendants at the expiration of the publication of the summons as ordered and shall be taken and accepted as personal service on all parties unknown who have or claim to have any such interest, estate, claim, lien, or encumbrance in, to, or upon the property described in the complaint.
Source:
SL 1903, ch 194, §6; SL 1905, ch 81; RC 1919, §2852; SDC 1939 & Supp 1960, §37.1512; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-10 - Validation of prior judgments based on personal service outside state--Rights barred by no action.

21-41-10. Validation of prior judgments based on personal service outside state--Rights barred by no action.
In any action to determine adverse claims to real property in the circuit court in which personal service was made of the summons or summons and complaint, on any nonresident defendant, in lieu of service by publication, by an officer of such foreign state and where proof of such service was made by the certificate of service of such officer making such personal service and judgment and decree was made and entered quieting the title to such real property, prior to January 1, 1992, such proof of service is hereby legalized and validated as fully as though such proof of service had been by affidavit. Any judgment or decree quieting the title to real estate based upon such proof of service shall be legal, valid, complete and effective as of the date on which said judgment and decree was filed, if otherwise properly signed and attested.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source:
SL 1945, ch 166; SDC Supp 1960, §65.0323; SL 1992, ch 307, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-11 - Contents of complaint.

21-41-11. Contents of complaint.
In an action brought pursuant to 21-41-1 it shall be necessary for the plaintiff to state in his complaint in general terms only that he has or claims title in fee to the property, or a lien upon or interest therein as the case may be, which property must be described with sufficient certainty to enable an officer on execution to identify it; that the defendants are proper parties under the provisions of this chapter, and that the action is brought for the purpose of determining all adverse claims to such property and of quieting title thereto in the plaintiff, or of determining the liens or interest of all parties in and to such property, as the case may be. The plaintiff may also allege that he is entitled to the possession of the property and may allege any facts concerning the use and occupation and the rents, issues, and profits of the property and the value thereof which may be pertinent. The complaint shall also contain a prayer for the relief to which the plaintiff deems himself entitled, and shall call upon the defendants to set forth all their adverse claims to the property described.
Source:
SL 1903, ch 194, §3; SL 1905, ch 81; RC 1919, §2848; Supreme Court Rule 581, 1939; SDC 1939 & Supp 1960, §37.1507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.

21-41-12. Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.
Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property to be affected thereby. From the time of filing the notice for record all persons shall be deemed to have notice of the pendency of the action. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1903, ch 194, §7; SL 1905, ch 81; RC 1919, §2853; SDC 1939 & Supp 1960, §37.1513; SL 1981, ch 45, §17.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-13 - Disclaimer by defendant to avoid costs.

21-41-13. Disclaimer by defendant to avoid costs.
If the defendant in an action to determine adverse claims disclaim in his answer any interest or estate in the property or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs except as provided in §21-41-3.
Source:
CCivP 1877, §636; CL 1887, §5450; RCCivP 1903, §676; RC 1919, §2866; SDC 1939 & Supp 1960, §37.1523.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.

21-41-14. Contents of defendant's answer--Counterclaim permitted.
The defendant in his answer must set forth fully and particularly the origin, nature, and extent of his claim to the property; and may set forth his rights in the property as a counterclaim and demand affirmative relief.
Source:
SL 1903, ch 194, §3; SL 1905, ch 81; RC 1919, §2848; Supreme Court Rule 581, 1939; SDC 1939 & Supp 1960, §37.1507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-15 - Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.

21-41-15. Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.
Any counterclaim filed pursuant to §21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actions, and the value of the land aside from the value of the improvements thereon, and the separate value of the improvements, must be specifically found by the verdict of the jury, the report of the referee, or the findings of the court.
Source:
CCivP 1877, §§642, 643; CL 1887, §§5456, 5457; RCCivP 1903, §§682, 683; RC 1919, §§2858, 2859; Supreme Court Rules 583, 584, 1939; SDC 1939 & Supp 1960, §§37.1517, 37.1518.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 41 - Actions To Quiet Title To Real Property › Section 21-41-16 - Judgment on counterclaim for improvements--Payment for land on default by plaintiff.

21-41-16. Judgment on counterclaim for improvements--Payment for land on default by plaintiff.
The judgment of the court upon such findings, if in favor of the plaintiff for the recovery of the real property, and in favor of the defendant for the counterclaim, shall require such plaintiff to pay to the defendant the value of the improvements as determined by such findings, within sixty days from the rendition of such judgment less the amount of the damages, if any recovered, for withholding the land and for waste committed upon said land by the defendant; and until such payment, or tender and deposit in the office of the clerk of courts in which such action is pending, no execution or other process shall issue in such action to dispossess such defendant, his heirs, or assigns; and in default of such payment by the plaintiff, the defendant shall pay to the plaintiff the value of said land as determined by such findings, and the damages, if any recovered, for withholding the same and for waste committed upon said land by him.
Source:
CCivP 1877, §644; CL 1887, §5458; SL 1893, ch 68; RCCivP 1903, §684; RC 1919, §2860; SDC 1939 & Supp 1960, §37.1519.