Title 44, LIENS

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, § 39.08…

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 l…

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…

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 …

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 f…

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 ,…

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 . …

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.

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…