Title 38, AGRICULTURE AND HORTICULTURE

Any person who misappropriates any of the seed, or money loaned to purchase the seed, furnished by the United States or any agency, or any crop grown from the seed, and for which the United States or agency has a lien under the provisions of § 38-17-10 , to any purpose except tha…

All other statutes of South Dakota applicable to crop seed liens, including the duties of register of deeds, priorities, foreclosure, and penal provisions, except if a different intention plainly appears, are applicable to federal agency seed liens as provided in §§ 38-17-10 and …

Any person owning and operating farm machinery has a lien from the date of operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by the person with the machine f…

Any person entitled to a lien under § 38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, th…

If the person for whom the processing pursuant to § 38-17-14 was done desires to sell or consign the grain, seed, hay, silage, or other agricultural product, before the time to perfect the lien has expired, the person must notify the consignee or purchaser that the debt for the t…

Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain, if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed. Source: SL 1901, ch 174 , § 2; RCCivP 1903, § 738; RC 1919, § 168…

The provisions of § 38-17-14 shall not apply to an innocent purchaser of the grain, corn seeds, or agricultural products baled, mowed, ground, raked, or pulverized after the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or…

Any person selling, secreting, or disposing of property covered by a threshing, harvesting, hulling, or other processing lien under the provisions of §§ 38-17-14 to 38-17-17 , inclusive, without the written consent of the owner of said lien, is guilty of a Class 2 misdemeanor. So…

Any person having a lien under the provisions of §§ 38-17-3 to 38-17-18 , inclusive, 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 pr…

In the absence of filing pursuant to § 38-17-1 , the provision of any contract reserving title to the grain, seed, or crop produced from a crop growing or to be grown on any lands in this state do not apply to and may not be enforced against an innocent purchaser of the grain, se…

Any person who provides crop seeds to be planted on any lands owned, used, or rented by another person has a lien on the crop produced from the seed if the person providing the seed files the notice described in § 38-17-5 . A landlord and tenant may limit the amount of seed to be…

Any corporation created by virtue of the laws of any other state or territory may furnish crop seed under the provisions of §§ 38-17-3 to 38-17-9 , inclusive, without complying with the laws in reference to foreign corporations doing business in this state. Source: SL 1887, ch 15…

Any person entitled to a lien pursuant to § 38-17-3 shall provide a written account stating the kind, quantity, and value of the seed, the name of the person who furnished the seed, and a description of the land on which the seed has been or is to be planted or sown, and after ma…

If the person furnishing any crop seed pursuant to §§ 38-17-3 to 38-17-9 , inclusive, is not a resident of this state, the affidavit required by § 38-17-5 may be made by the person's attorney or agent who is a resident of this state. The affidavit shall indicate the nonresidence …

The office of the register of deeds shall file and enter the statements required by § 38-17-5 in the manner required by law in the personal property index. The filing of the statements described in §§ 38-17-5 and 38-17-6 operates as a notice of the lien to all subsequent purchase…

Any lien under the provisions of §§ 38-17-3 to 38-17-7 , inclusive, if filed within thirty days after the crop seed is furnished, has preference in the order of the filing. The lien has priority over all other liens and encumbrances on the crop, except threshers' liens. Source: S…

Any person who obtains crop seeds subject to a lien under the provisions of §§ 38-17-3 to 38-17-8 , inclusive, and who uses the seed or any part of the seed without the written consent of the person who furnished the seed for any other purpose, is guilty of a Class 2 misdemeanor.…