reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09 - Mechanics' And Materialmen's Liens › Section 44-9-53 - Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption.

44-9-53. Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption.
If the provisions of §§44-9-50 and 44-9-51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to §44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record. Notice pursuant to this section shall be made not later than sixty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds. Such notice of furnishing labor or materials shall include:
(1)The name of the sub-subcontractor or supplier who claims payment;
(2)The name of the person with whom the claimant contracted or by whom the claimant was employed;
(3)A description of the labor, services, or materials furnished and the contract price or value thereof. Materials specifically fabricated by a person other than the one giving notice and contract price or value thereof shall be separately stated in the notice;
(4)A description of the project, sufficient for identification;
(5)The date when the first and last item of labor or materials was actually furnished or scheduled to be furnished; and
(6)The amount claimed to be due, if any.
Any person who gives notice in accordance with this section may extend a lien as provided in §44-9-15.
This section does not apply to claims of individual laborers when the amount of their lien is less than two thousand dollars.
Source:
SL 1999, ch 217, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09A - Construction Lien Waiver Agreements › Section 44-9A-1 - Liens subject to waiver under chapter.

44-9A-1. Liens subject to waiver under chapter.
Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided in this chapter in addition to all other means presently existing under law by which such liens may be waived.
Source:
SL 1971, ch 250, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09A - Construction Lien Waiver Agreements › Section 44-9A-2 - Joint check and separate agreement of waiver required.

44-9A-2. Joint check and separate agreement of waiver required.
Any lien to which a person or corporation furnishing materials, supplies, equipment, and services to a contractor or subcontractor would otherwise be entitled under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be waived to the extent provided in this chapter by such person or corporation by the endorsement of a joint check wherein the payees include the contractor or subcontractor and the person or corporation furnishing materials, supplies, equipment, and services and by the execution of a separate agreement of waiver between the maker of the joint check and such person or corporation.
Source:
SL 1971, ch 250, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09A - Construction Lien Waiver Agreements › Section 44-9A-3 - Provisions to be entered on reverse of joint check for waiver.

44-9A-3. Provisions to be entered on reverse of joint check for waiver.
A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to the contractor or subcontractor. Such provision must be conspicuous and mention that the payees, by their endorsements and in consideration of the payment represented by the joint check, jointly and severally waive all claims to which they might be entitled under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of South Dakota for all materials, supplies, equipment, and services supplied under a clearly identified contract to the extent of and of the date of the joint check.
Source:
SL 1971, ch 250, §3.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09A - Construction Lien Waiver Agreements › Section 44-9A-4 - Endorsement of joint check and execution of agreement as express waiver.

44-9A-4. Endorsement of joint check and execution of agreement as express waiver.
The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all rights and claims under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of this state against the owner or contractor and his surety to the extent of, and as of the date of, the joint check endorsed.
Source:
SL 1971, ch 250, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 09A - Construction Lien Waiver Agreements › Section 44-9A-5 - Release of joint check proceeds at peril of supplier.

44-9A-5. Release of joint check proceeds at peril of supplier.
It shall be of no consequence under this chapter if the payment or any part thereof in such joint check is released to the contractor or subcontractor by another payee. Release of such funds is at the peril of the person or corporation furnishing materials, supplies, equipment, and services to the contractor or subcontractor.
Source:
SL 1971, ch 250, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-1 - Pledge defined.

44-10-1. Pledge defined.
Pledge is a deposit of personal property or a contract transferring possession of such as security for an obligation.
Source:
CivC 1877, §§1757, 1758; CL 1887, §§4392, 4393; RCivC 1903, §§2104, 2105; RC 1919, §§1605, 1606; SDC 1939, §39.0501.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-2 - Lien of pledge dependent on possession--Delivery essential to valid pledge.

44-10-2. Lien of pledge dependent on possession--Delivery essential to valid pledge.
The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee or to a pledge holder.
Source:
CivC 1877, §1759; CL 1887, §4394; RCivC 1903, §2106; RC 1919, §1607; SDC 1939, §39.0502.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-4 - Lienor may pledge property to the extent of his lien.

44-10-4. Lienor may pledge property to the extent of his lien.
One who has a lien on property may pledge it to the extent of his lien.
Source:
CivC 1877, §1761; CL 1887, §4396; RCivC 1903, §2108; RC 1919, §1609; SDC 1939, §39.0504.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-5 - Pledge as security for obligation of another--Rights of pledgor, exception--Consideration for pledge received from debtor cannot be withdrawn without consent.

44-10-5. Pledge as security for obligation of another--Rights of pledgor, exception--Consideration for pledge received from debtor cannot be withdrawn without consent.
Property may be pledged as security for the obligation of a person other than the owner and in so doing the owner has all the rights of a pledgor for himself except that he cannot withdraw the property otherwise than as a pledgor for himself might; and if he receives from the debtor a consideration for the pledge, he cannot withdraw it without his consent.
Source:
CivC 1877, §§1763, 1765; CL 1887, §§4398, 4400; RCivC 1903, §§2110, 2112; RC 1919, §§1611, 1613; SDC 1939, §39.0506.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-6 - Pledge holder--Selection--Duties.

44-10-6. Pledge holder--Selection--Duties.
A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged who, if he accepts, becomes a pledge holder. He must enforce all of the rights of the pledgee unless authorized by him to waive them.
Source:
CivC 1877, §§1764, 1767; CL 1887, §§4399, 4402; RCivC 1903, §§2111, 2114; RC 1919, §§1612, 1615; SDC 1939, §39.0507.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-7 - Obligations of pledge holder--Exoneration from undertaking.

44-10-7. Obligations of pledge holder--Exoneration from undertaking.
A pledge holder for reward cannot exonerate himself from his undertaking; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged with some impartial person who will then be entitled to a reasonable compensation for his care of the same.
Source:
CivC 1877, §1766; CL 1887, §4401; RCivC 1903, §2113; RC 1919, §1614; SDC 1939, §39.0508.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-8 - Obligations of pledgee and pledge holder--Assumption of duties and liabilities of depository.

44-10-8. Obligations of pledgee and pledge holder--Assumption of duties and liabilities of depository.
A pledgee or pledge holder for reward assumes the duties and liabilities of a depository for reward. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depository.
Source:
CivC 1877, §§1768, 1769; CL 1887, §§4403, 4404; RCivC 1903, §§2115, 2116; RC 1919, §§1616, 1617; SDC 1939, §39.0509.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-9 - Increase of property pledged--Covered by pledge lien.

44-10-9. Increase of property pledged--Covered by pledge lien.
The increase of property pledged is pledged with the property.
Source:
CivC 1877, §1760; CL 1887, §4395; RCivC 1903, §2107; RC 1919, §1608; SDC 1939, §39.0503.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-10 - Pledgee's sale of securities--Evidences of debt--Exception.

44-10-10. Pledgee's sale of securities--Evidences of debt--Exception.
A pledgee cannot sell any evidences of debt pledged to him except the obligations of governments, states, or their subdivisions and public and private corporations; but he may collect the same when due.
Source:
CivC 1877, §1777; CL 1887, §4412; RCivC 1903, §2124; RC 1919, §1625; SDC 1939, §39.0512.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 10 - Pledges Of Personal Property › Section 44-10-11 - Debtor's misrepresentation of value of pledge.

44-10-11. Debtor's misrepresentation of value of pledge.
Where a debtor has obtained credit or an extension of time by a fraudulent representation of the value of the property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may foreclose the pledge and recover his debt immediately though it be not actually due.
Source:
CivC 1877, §1770; CL 1887, §4405; RCivC 1903, §2117; RC 1919, §1618; SDC 1939, §39.0510.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-1 - Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles.

44-11-1. Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles.
If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any personal property, such person shall have a lien thereon, dependent on possession, or notice as provided by this chapter on the property to the extent of a reasonable charge. However, if there is an agreed price, the lien is to the extent of such agreed price.
Personal property left for repair at a place of business in this state shall be considered abandoned and may be sold if the property is unclaimed by its owner for a period of ninety days after written notice of the intent to sell the property is given to the owner at the owner's last known address by certified mail. The sale is subject to liens, mortgages, and other creditors' interest properly filed or perfected before the date that the personal property came into the possession of the place of business. The abandoned personal property shall be sold under the provisions of chapter 21-54. This section does not apply to any motor vehicle as defined by §32-3-1.
Source:
CivC 1877, §1806; CL 1887, §4441; RCivC 1903, §2153; RC 1919, §1694; SL 1925, ch 216, §1; SL 1927, ch 160, §1; SDC 1939, §39.0801; SL 1991, ch 368; SL 2005, ch 154, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-2 - Mechanics', laborers', and materialmen's liens on personal property--Priority.

44-11-2. Mechanics', laborers', and materialmen's liens on personal property--Priority.
Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant.
Source:
SL 1925, ch 216, §2; SL 1927, ch 160, §2; SDC 1939, §39.0802.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-3 - Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions.

44-11-3. Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions.
Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred twenty days after such surrender or loss of possession he gives notice of his lien by proper filing thereof in the office of the register of deeds in accordance with §§44-2-3 to 44-2-9, inclusive, and such liens shall be valid against everyone except a purchaser or encumbrancer in good faith, without notice, and for value whose rights were acquired prior to the filing of such statement.
Source:
SL 1925, ch 216, §3; SL 1927, ch 160, §3; SDC 1939, §39.0803; SL 1969, ch 165.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-3.1 - Federal filing requirements.

44-11-3.1. Federal filing requirements.
If federal law or regulations promulgated thereunder require liens otherwise governed by this chapter to be filed in a place other than the place required by §44-11-3, compliance with such filing requirements under federal law or regulation within the time required by §44-11-3 shall have the same effect as a proper filing under §44-11-3.
Source:
SL 1982, ch 302.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-4 - Foreclosure of mechanics', laborers', and materialmen's liens--Action or advertisement.

44-11-4. Foreclosure of mechanics', laborers', and materialmen's liens--Action or advertisement.
The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of chapter 21-53 or according to the provisions of chapter 21-54, subject to the right of persons adversely interested to require foreclosure under chapter 21-53.
Source:
SL 1925, ch 216, §1; SL 1927, ch 160, §1; SDC 1939, §39.0804.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-5 - Lodging establishment's lien on baggage of guest--Maximum amount.

44-11-5. Lodging establishment's lien on baggage of guest--Maximum amount.
The keeper of any lodging establishment as defined in chapter 34-18 shall have a lien, dependent upon possession, upon the baggage and other property within such lodging establishment and belonging to a guest, as security for the payment of the reasonable and proper charges due from such guest for room, board, storage, and moneys advanced to or paid out for such guest at his request, not exceeding in all the sum of five hundred dollars.
Source:
CivC 1877, §1062; CL 1887, §3686; RCivC 1903, §1381; SL 1913, ch 237, §5; RC 1919, §1002; SL 1935, ch 173, §12; SDC 1939, §§39.1505, 39.1506; SL 1971, ch 249.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-6 - Detention of property of guest by innkeepers until charges paid--Priority over other liens on property.

44-11-6. Detention of property of guest by innkeepers until charges paid--Priority over other liens on property.
The innkeeper may detain the property specified in §44-11-5 until the charges are paid. The lien shall have priority over all other liens upon such property.
Source:
CivC 1877, §1062; CL 1887, §3686; RCivC 1903, §1381; SL 1913, ch 237, §5; RC 1919, §1002; SL 1935, ch 173, §12; SDC 1939, §39.1506.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-7 - Foreclosure of innkeepers' liens by action or advertisement.

44-11-7. Foreclosure of innkeepers' liens by action or advertisement.
Any person having a lien under the provisions of §44-11-5 may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53.
Source:
SL 1913, ch 237, §6; RC 1919, §1003; SDC 1939, §39.1507.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-8 - Innkeeper defined.

44-11-8. Innkeeper defined.
The term "innkeeper" as used in §§44-11-5 to 44-11-7, inclusive, shall include the keeper or proprietor of any hotel, rooming house, boardinghouse, restaurant, or tourist pay camp.
Source:
SDC 1939, §39.1508.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-9 - Carriage of personal property--Special lien dependent on possession.

44-11-9. Carriage of personal property--Special lien dependent on possession.
Every person who, while lawfully in possession of personal property renders any service to the owner by carriage thereof, has a special lien thereon dependent on possession for the compensation due to him from the owner for such service.
Source:
CivC 1877, §1806; CL 1887, §4441; RCivC 1903, §2153; RC 1919, §1694; SDC 1939, §39.1501.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-10 - Factor--General lien--Dependent on possession.

44-11-10. Factor--General lien--Dependent on possession.
A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal.
Source:
CivC 1877, §1807; CL 1887, §4442; RCivC 1903, §2154; RC 1919, §1695; SDC 1939, §39.1502.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-11 - Banks and savings and loan associations--General lien--Dependent on possession.

44-11-11. Banks and savings and loan associations--General lien--Dependent on possession.
A bank or savings and loan association has a general lien, dependent on possession, upon all property in its hands belonging to a customer, for the balance due to it from such customer in the course of business.
Source:
CivC 1877, §1808; CL 1887, §4443; RCivC 1903, §2155; RC 1919, §1696; SDC 1939, §39.1503; SL 1981, ch 312, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 11 - Occupational And Commercial Liens On Personal Property › Section 44-11-12 - Levy of attachment or execution on personal property--Special lien of officer on property until process is released.

44-11-12. Levy of attachment or execution on personal property--Special lien of officer on property until process is released.
An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.
Source:
CivC 1877, §1811; CL 1887, §4446; RCivC 1903, §2158; RC 1919, §1699; SDC 1939, §39.1504.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-1 - Hospital lien upon personal injury damages recovered by injured party.

44-12-1. Hospital lien upon personal injury damages recovered by injured party.
Subject to §44-12-3.1, a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party's heirs or personal representative in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.
Source:
SL 1964, ch 112, §1; SL 1994, ch 351, §102; SL 2019, ch 195, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-2 - Contract between injured party and attorney not prejudiced by hospital lien.

44-12-2. Contract between injured party and attorney not prejudiced by hospital lien.
The lien granted by §44-12-1 shall not in any way prejudice or interfere with any lien or contract which may be made by such injured party or his heirs or personal representative with any attorney or attorneys for handling the claim on behalf of such injured party, his heirs, or personal representative.
Source:
SL 1964, ch 112, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-3 - Lien not applicable when event covered by Workers' Compensation Act.

44-12-3. Lien not applicable when event covered by Workers' Compensation Act.
The lien set forth in §44-12-1 shall not be applied or considered valid against anyone coming under the Workers' Compensation Act in this state.
Source:
SL 1964, ch 112, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-3.1 - Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits.

44-12-3.1. Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits.
If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under §44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.
If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.
The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.
If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.
Source:
SL 2019, ch 195, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-4 - Filing and notice of hospital lien--Contents of notice--Place and time of filing.

44-12-4. Filing and notice of hospital lien--Contents of notice--Place and time of filing.
No such lien may be effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital, and the name of the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injuries received, is filed in the office of the register of deeds of the county in which the hospital is located, before the payment of any moneys to the injured party, the injured party's attorneys or legal representative, as compensation for the injury.
Source:
SL 1964, ch 112, §2; SL 1974, ch 55, §45; SL 1994, ch 351, §103.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-5 - Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim.

44-12-5. Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim.
Each register of deeds shall provide a suitable, well-bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the person, firm, or corporation alleged to be liable for the injury, the date of occurrence of the injury and the name and location of the hospital making the claim. The register of deeds shall make a proper index of the claim in the name of the injured person and shall charge a fee in accordance with subdivision 7-9-15(3).
Source:
SL 1964, ch 112, §5; SL 1974, ch 55, §46; SL 1983, ch 305, §2; SL 1999, ch 33, §6.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-6 - Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing.

44-12-6. Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing.
The hospital shall also mail, postage prepaid, a copy of the notice required by §44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before the payment of any moneys to the injured party, the injured party's attorney or legal representative, as compensation for the injury.
Source:
SL 1964, ch 112, §2; SL 1994, ch 351, §104.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-7 - Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier.

44-12-7. Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier.
Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm, or corporation against such liability. Such person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name of the insurance carrier which has insured such person, firm, or corporation against such liability.
Source:
SL 1964, ch 112, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-8 - Persons liable for payment of hospital lien.

44-12-8. Persons liable for payment of hospital lien.
Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital for the amount which the hospital was entitled to receive as provided in this section. Any such hospital may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such payment.
Source:
SL 1964, ch 112, §3; SL 1994, ch 351, §105.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 12 - Hospital Liens › Section 44-12-9 - Examination of hospital records by persons liable for lien.

44-12-9. Examination of hospital records by persons liable for lien.
Any person, firm, or corporation legally liable for such lien or against whom a claim shall be asserted for compensation for such injury, shall be permitted after waiver or expiration of any privilege granted the injured party under the provisions of §19-2-3 or any other statute, to examine the records of any such hospital in reference to such treatment, care and maintenance of such injured person, with respect to the injuries arising out of said accident.
Source:
SL 1964, ch 112, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 13 - Ambulance Service Liens › Section 44-13-1 - Lien of county or municipality upon property of person receiving ambulance service.

44-13-1. Lien of county or municipality upon property of person receiving ambulance service.
Whenever any county or municipality has entered into an agreement with any such other governmental subdivision or other person duly qualified and licensed to perform such services, and counties or municipalities become obligated to and do pay toward the maintenance of such ambulance service, the county or municipality providing ambulance service under the provisions of §34-11-1, to the extent it is chargeable against that person shall have a lien upon all property both real and personal belonging to any person receiving such ambulance service; such lien, to the extent of reasonable and necessary charges for furnishing such service, shall extend to property held in joint tenancy including homestead interests, as well as property hereafter acquired or in which the person receiving such ambulance service has any interest.
Source:
SL 1969, ch 29.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 13 - Ambulance Service Liens › Section 44-13-2 - Notice of lien--Contents--Place of filing.

44-13-2. Notice of lien--Contents--Place of filing.
No lien as provided in §44-13-1 shall be effective, however, unless a written notice containing the name and address of the person receiving such ambulance service, the date such service was rendered, and the name of person or persons alleged to be responsible for payment for such services shall be filed in the office of the register of deeds of the county in which the person receiving such services resides, and in the county of his legal residence or last residence if he is deceased.
Source:
SL 1969, ch 29.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 13 - Ambulance Service Liens › Section 44-13-3 - Property of married person subject to lien--Application of lien to joint tenancy.

44-13-3. Property of married person subject to lien--Application of lien to joint tenancy.
If any person receiving such ambulance service be a married person, the lien therein established shall also be a lien upon all the property, real and personal including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such person receiving ambulance service as the case may be. Such lien shall not sever a joint tenancy nor affect the right of survivorship except that the lien shall be enforceable to the extent that the person receiving ambulance service had an interest prior to his death.
Source:
SL 1969, ch 29.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 13 - Ambulance Service Liens › Section 44-13-4 - Foreclosure, compromise, or settlement of lien--Applicable law.

44-13-4. Foreclosure, compromise, or settlement of lien--Applicable law.
Any lien established by virtue of this chapter may be foreclosed by action or compromised and settled in the manner prescribed by chapter 28-14, relating to public aid to poor liens.
Source:
SL 1969, ch 29.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-1 - Definitions.

44-14-1. Definitions.
Terms used in this chapter mean:
(1)"Default," any failure of an occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter;
(2)"Last known address," that postal or e-mail address provided by the occupant in the latest rental agreement or the postal or e-mail address provided by the occupant in a subsequent written notice of a change of address;
(3)"Occupant," a person who rents storage space at a self-service storage facility under a rental agreement, or a sublessee, successor, or assignee;
(4)"Owner," any person who owns, leases, subleases, manages, or operates a self-service storage facility, or an owner's designee, who receives rent from an occupant under a rental agreement;
(5)"Personal property," movable property, including goods, merchandise, and household items stored in a self-service storage facility;
(6)"Property that has no commercial value," property offered for sale in a sale, conducted pursuant to this chapter, at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online, that receives no bid or offer;
(7)"Rental agreement," any written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a storage space at a self-service storage facility;
(8)"Self-service storage facility," any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property;
(9)"Storage space," an individual space at a self-service storage facility that is rented or leased by an occupant under a rental agreement.
Source: SL 1997, ch 249, §1; SL 2022, ch 165, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-2 - Owner--Lien on personal property.

44-14-2. Owner--Lien on personal property.
The owner of a self-service storage facility has a lien upon all personal property located at a self-service storage facility for rent, labor, late fees, or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided in this chapter attaches as of the date the occupant defaults on the rental agreement. Any lien provided in this chapter is prior to any other lien or security interest, except for those liens and security interests which were perfected earlier.
Source: SL 1997, ch 249, §2; SL 2022, ch 165, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-5 - Self-service storage facility not a warehouse.

44-14-5. Self-service storage facility not a warehouse.
A self-service storage facility is not a public warehouse or public storage warehouse as defined in chapter 49-42 or 49-42A. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of chapters 49-42 and 49-42A and the provisions of this chapter do not apply.
Source:
SL 1997, ch 249, §5.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-6 - Applicable rental agreements.

44-14-6. Applicable rental agreements.
This chapter is effective July 1, 2022, and applies to all rental agreements entered into, or extended, or renewed after that date.
Source: SL 1997, ch 249, §6; SL 2022, ch 165, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-7 - Value limit.

44-14-7. Value limit.
If the rental agreement specifies a limit on the value of personal property the occupant may store in the storage space, the limit is deemed to be the maximum value of the personal property in the occupant's storage space for the purposes of claims against an owner for loss of or damage to personal property.
Source: SL 2022, ch 165, §5.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-8 - Occupant responsibility.

44-14-8. Occupant responsibility.
Unless the rental agreement provides otherwise, until a sale under this chapter, the exclusive care, custody, and control of all property stored in a storage space remains vested in the occupant, and the occupant shall bear all risks of loss or damage to that property.
Source: SL 2022, ch 165, §6.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-9 - Owner rights.

44-14-9. Owner rights.
This chapter may not be construed as impairing or affecting the right of an owner and an occupant to create additional rights, duties, or obligations under a rental agreement. In addition to the rights and remedies under this chapter, an owner has the same rights and remedies available to creditors and landlords under the laws of this state.
Source: SL 2022, ch 165, §7.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 14 - Self-Service Storage Facilities Liens › Section 44-14-10 - Rental agreement statement--Failure to disclose.

44-14-10. Rental agreement statement--Failure to disclose.
The rental agreement must contain a statement in bold type that the occupant must disclose the name and address of any other person with an ownership interest in the personal property. If the occupant does not disclose any other person, the personal property is deemed wholly owned by the occupant.
Source: SL 2022, ch 165, §8.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-1 - Definitions.

44-15-1. Definitions.
Terms used in this chapter mean:
(1)"Customer," any person who causes a manufacturer to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a manufacturer with a die, mold, form, or pattern to manufacture, assemble, cast, or fabricate a product for a customer;
(2)"Manufacturer," any person who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, or fabricating a product for a customer including a tool or die maker.
Source:
SL 1998, ch 267, §1.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-2 - Customer rights--Possession.

44-15-2. Customer rights--Possession.
In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the manufacturer. If a customer does not claim possession from a manufacturer of a die, mold, form, or pattern within three years following the last use of the die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern is transferred to the manufacturer for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern.
Source:
SL 1998, ch 267, §2.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-3 - Transfer of rights--Notice.

44-15-3. Transfer of rights--Notice.
At anytime within the time frame provided for in §44-15-2, a manufacturer may choose to have all rights and title to any die, mold, form, or pattern transferred to the manufacturer. The manufacturer shall send written notice by registered mail to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the manufacturer intends to terminate the customer's rights and title by having all the rights and title transferred to the manufacturer pursuant to §§44-15-1 to 44-15-7. The notice shall include a statement of the customer's rights as set forth in §44-15-4.
Source:
SL 1998, ch 267, §3.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-4 - Customer response--Manufacturer liability.

44-15-4. Customer response--Manufacturer liability.
If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within ninety days following the date the notice was sent, or does not make other contractual arrangements with the manufacturer for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer to the manufacturer. The manufacturer may then destroy or otherwise dispose of the particular die, mold, form, or pattern as the manufacturer's own property without any liability to the customer.
This section may not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
Source:
SL 1998, ch 267, §4.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-5 - Manufacturer's lien on balance due.

44-15-5. Manufacturer's lien on balance due.
A manufacturer has a lien, dependent on possession, on any die, mold, form, or pattern in the manufacturer's possession belonging to a customer, for the balance due the manufacturer from such customer for any manufacturing or fabrication work, and in the value of all material related to the work. The manufacturer may retain possession of the die, mold, form, or pattern until the charges are paid.
Source:
SL 1998, ch 267, §5.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-6 - Notice of lien--Demand for payment.

44-15-6. Notice of lien--Demand for payment.
Before enforcing any lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. The notice shall state that a lien is claimed for the damages set forth in writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.
Source:
SL 1998, ch 267, §6.
2023 South Dakota Codified Laws › Title 44 - Liens › Chapter 15 - Manufacturer's Lien › Section 44-15-7 - Federal violation.

44-15-7. Federal violation.
No sale may be made pursuant to §§44-15-1 to 44-15-7, inclusive, if the sale would be in violation of any right of a customer under federal patent or copyright law.
Source:
SL 1998, ch 267, §7.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 01 - State Geologist › Section 45-1-2 - Surveys relating to geology, natural history, archaeology, and anthropology--Duty to continue.

45-1-2. Surveys relating to geology, natural history, archaeology, and anthropology--Duty to continue.
The state geologist shall carry on and continue surveys of the state in relation to geology, natural history, archaeology, and anthropology, particularly studying and emphasizing the economic geology of this state.
Source:
SL 1919, ch 332, §2; SDC 1939, §42.0502; SL 2011, ch 165, §161.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 01 - State Geologist › Section 45-1-6 - Specimens are state property.

45-1-6. Specimens are state property.
Any specimen of natural history, geology, or mineralogy, which is collected by the state geologist or any other person appointed by the state to investigate its natural and physical resources, or donated by any person, shall be the property of the state.
Source:
SL 2017, ch 10, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 02 - Geological And Mining Surveys › Section 45-2-3 - Contracts by state geologist--Payments.

45-2-3. Contracts by state geologist--Payments.
The state geologist may enter into contracts with and accept payment from county governments, from other South Dakota state governmental agencies, and from nonprofit rural water supply companies or corporations organized pursuant to and taxed under the provisions of chapter 10-36A, either of its own funds or by reassignment of specific federal grant moneys, such payment to be made to the environment and natural resources fee fund established pursuant to §1-41-23.
Source:
SL 1963, ch 375, §4; SL 1973, ch 277, §2; SL 1983, ch 29, §13; SL 1994, ch 23, §4; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 02 - Geological And Mining Surveys › Section 45-2-4.2 - Continuation of geological survey--Purposes.

45-2-4.2. Continuation of geological survey--Purposes.
The state geologist shall continue the making of the actual geological survey of the lands, and earth, and the area beneath the surface of the lands of this state as provided by this chapter.
The survey is for the purpose of discovery, or aiding in the discovery, development, and industrial exploitation of such natural products, consisting of minerals, oil, gas, or other substances or commodities, among the natural and physical resources of the state, and of all by-products in connection with each of the natural products of the state.
Source:
SL 1939, ch 166, §§1, 2; SDC Supp 1960, §§42.0601, 42.0602; SL 1970, ch 252; SL 2011, ch 165, §164.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-1 - Discovery of lode within limits of claim essential.

45-4-1. Discovery of lode within limits of claim essential.
No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located.
Source:
SDC 1939, §42.0103 as added by SL 1955, ch 152, §1; SL 2011, ch 165, §166.