28 chapters · 329 sections in this title.
County claim for reimbursement from person relieved--Enforcement against property
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When any county shall furnish relief to any person under the provisions of chapter 28-13 , such county shall have a claim against the person so relieved for the value of such relief, which may be enforced against any property, not exempt from execution, which such person may have…
SDCL § 28-14-10 Application to county commissioners for correction of record of lien--Action by commissioners
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In the event the record of a lien shall have been made under the provisions of this chapter whereby the name of the person or persons for whose benefit any payment shall have been made, or the name of any person or persons against whose property a lien may appear to have been cre…
SDCL § 28-14-11 Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead
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Any lien established by virtue of these statutes may be foreclosed by action in the name of the county to satisfy the amount of the lien, together with interest, cost, and expenses of foreclosure. Such foreclosure shall not be commenced until one year after the last payment to or…
SDCL § 28-14-12 Advertising and sale of personal property acquired by lien foreclosure
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All property acquired by the county under this chapter shall in the case of personal property be offered for sale by the board of county commissioners of each county by advertising for bids upon two weeks' notice, published in a legal newspaper within the county, and if such boar…
SDCL § 28-14-13 Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received
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In all cases of real property acquired under these statutes, the board of county commissioners is authorized to rent or sell the same in the same manner as provided for other real property acquired by the county through foreclosure of school fund mortgages, and all moneys receive…
SDCL § 28-14-14 Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register
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When full amount for which a lien against the property of any person shall have been established by virtue of the provisions of this chapter, as certified by the county auditor, shall be paid to the county treasurer of the county which shall have made such payment or payments, su…
SDCL § 28-14-15 Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments
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The board of county commissioners shall have authority to enter the appearance of the county in any proceeding affecting the property on which the state claims a lien or charge pursuant to §§ 28-14-5 and 28-14-6 , to prosecute or defend in any such proceedings to institute probat…
SDCL § 28-14-16 Filing with county auditor of application for satisfaction, compromise of lien, or correction of record
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In the event any person having any interest in any property against which a lien has been established as provided by this chapter desires to avail himself of the benefits of § 28-14-10 or of §§ 28-14-14 to 28-14-18 , inclusive, he may file with the county auditor in the county in…
SDCL § 28-14-17 Action and resolution by county commissioners on application--Execution of instruments
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Any such application shall be presented to the board of county commissioners of said county at its next regular meeting. If it appears to the satisfaction of the board that it will be to the best interest of the county and the circumstances of the case are such that the same is a…
SDCL § 28-14-18 Recording of satisfactions and releases--No fee--Marginal notation by register of deeds
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All satisfactions, partial satisfactions, releases, and partial releases so executed shall be filed for record in the office of the register of deeds of the respective county or counties in which is located the real property so released from such lien. Such filing and recording o…
SDCL § 28-14-19 Termination of lien upon closing of estate
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Any lien or encumbrance against property created by this chapter shall terminate and be discharged upon the closing and termination of the estate of any person against whom any such lien or encumbrance is claimed. Source: SL 1987, ch 206 , § 1.
SDCL § 28-14-2 Relief of nonresident--Reimbursement by county of residence
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If a county furnishes relief under the provisions of chapter 28-13 to any person who is a nonresident of the county and the county is unable to collect the amount of relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim fo…
SDCL § 28-14-2.1 Relief to resident of less than sixty days--Reimbursement by prior county of residence
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If a county furnishes relief under the provisions of chapter 28-13 to any person who has been a resident of the county as determined by chapter 28-13 for less than sixty days prior to the making of an application for nonemergency hospitalization assistance as provided by § 28-13-…
SDCL § 28-14-2.2 Relief to person becoming resident for medical services--Reimbursement by prior county of residence
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If a county furnishes relief under the provisions of chapter 28-13 to any person with a preexisting medical condition who becomes a resident of the county as determined by chapter 28-13 solely to utilize the medical facilities of the county and the county is unable to collect the…
SDCL § 28-14-20 Termination of certain liens as matter of law
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Any lien or encumbrance created under this chapter prior to July 1, 1970, is hereby terminated as a matter of law. Source: SL 1987, ch 206 , § 2; SL 2001, ch 156 , § 1.
SDCL § 28-14-3 Support and relief for which lien may be established--Burial expenses
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For the purpose of §§ 28-14-5 to 28-14-18 , inclusive, a poor person shall mean any person who receives support, care, and maintenance as a poor person, or any person who is a patient of the South Dakota Human Services Center and any and all other cases wherein any county within …
SDCL § 28-14-4 Medical treatment not subject to lien provisions
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The provisions of §§ 28-14-5 to 28-14-18 , inclusive, shall not be construed to apply to any person receiving medical care and hospitalization or any other treatment under the tuberculosis control and eradication program operated by the State Department of Health. Source: SDC 193…
SDCL § 28-14-5 County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund
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If any county pays for the care, support, or burial expenses of any poor person as defined in § 28-14-3 , the county has a lien upon all the property, both real and personal, including joint tenancy and homestead interests belonging to the poor person, or to be thereafter acquire…
SDCL § 28-14-6 Application of lien to property of spouse--Joint tenancy--Continuation of lien
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If any poor person receiving benefits from the county 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 hu…
SDCL § 28-14-7 Recording of poor relief payments by county auditor--Contents of record--Place of filing
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It shall be the duty of the county auditor, immediately after issuing of county warrants or payment of cash, as the case may be, for the benefit of any poor person, to record the name of such poor person for whose benefit such warrants or cash were issued, the amount thereof, the…
SDCL § 28-14-8 Certified copies of record filed in other counties--Lien on property therein
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Certified copies of the record as to such aid to any poor person may be filed with the register of deeds of any county in the state, and shall thereupon be recorded and indexed as are similar records of such county and shall thereupon constitute notice of a lien upon any property…
SDCL § 28-14-9 Record as notice of lien--Joint tenancy, homestead, and after - acquired property covered
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Such record shall be actual notice to all persons of a lien upon all property, real and personal, including joint tenancy and homestead interests belonging to such poor person, or to be thereafter acquired by the poor person or to the husband or wife of such poor person as the ca…