4 chapters · 43 sections in this title.
SDCL § 17-2-1 Notices to be published in legal newspaper--Affidavit of publication--Online notice
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All legal and other official notices must be published in a legal newspaper as described in this chapter. When any legal notice is required by law to be published in any newspaper, the newspaper publishing the notice shall place the notice on a statewide website, established and …
Publication in county or nearest adjoining county if no legal newspaper published in municipality or district
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Whenever publication of any kind of order or notice is required in a newspaper in any municipality, or other district in a county and there is no legal newspaper published in such municipality, or district and there is no specific provision as to how such publication shall in tha…
SDCL § 17-2-12 Publication in existing legal newspapers if not enough legal newspapers published in county
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Where publication is required in more than one newspaper in any municipality, county, or other district, and the required number of legal newspapers are not being published in such municipality, county, or other district at the time publication begins, publication in such newspap…
SDCL § 17-2-13 Substitute publication where legal newspaper refuses publication--Affidavit of refusal
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Whenever publication is required in any legal newspaper and the editor of such newspaper shall refuse to make the publication for any reason other than nonpayment of his fee for the same, it shall then be sufficient legal notice by publication to publish such notice in any other …
SDCL § 17-2-14 Repealed by SL 1985, ch 15 , § 3
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17-2-15
SDCL § 17-2-15 Repealed by SL 1974, ch 55 , § 50
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17-2-16 Designation of newspaper in which execution notice published. 17-2-17 Day on which weekly publication made--Interval between publications. 17-2-18 Weekly publication constituting publication for stated number of days. 17-2-18.1 Time allowed for publication of proceedings …
SDCL § 17-2-16 Designation of newspaper in which execution notice published
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In all cases of publications of notices in connection with sales upon an execution, the plaintiff may designate the newspaper, published within the county, in which such notice shall be published. Source: SL 1887, ch 51 , § 1; CL 1887, § 1430; SL 1891, ch 66 ; RPolC 1903, § 1847;…
SDCL § 17-2-17 Day on which weekly publication made--Interval between publications
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Whenever in any act or statute providing for the publishing of notices, the phrase "successive weeks," "weeks successively," "consecutive weeks," or "weeks consecutively" is used, the term weeks shall be construed to mean calendar weeks, and the publication upon any day in such w…
SDCL § 17-2-18 Weekly publication constituting publication for stated number of days
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Unless the context otherwise plainly requires, whenever publication is directed by a statute or rule of court for a stated number of days or for not less than a stated number of days before or after the event to be noticed, it shall mean the publication once where the stated numb…
SDCL § 17-2-18.1 Time allowed for publication of proceedings and reports of political subdivisions
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It shall be the duty of publishers of official newspapers to cause publication of minutes of proceedings and reports required to be published by counties, municipal corporations and school districts to be made within ten days after receipt thereof. A publication made subsequent t…
SDCL § 17-2-18.2 Type size required for legal publication
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Legal publications in official newspapers with a circulation of less than nine thousand shall be printed in not less than eight point type, and in official newspapers with a circulation of more than nine thousand in not more than six point type. A publication in violation of this…
Legal publication fees not otherwise prescribed--Maximum--Adjustment
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If any legal publication is required or allowed by law, and no other fee is prescribed for that publication, the maximum fee that may be charged for the publication is: (1) If the legal newspaper has a paid circulation of less than nine thousand, 35.5 cents per line for eight-poi…
SDCL § 17-2-2 Repealed by SL 1985, ch 165 , § 1
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17-2-2.1 Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format. 17-2-2.2 Price and circulation requirements. 17-2-2.3 Content requirements. 17-2-2.4 Office of publication requirement. 17-2-2.5 Ownership and circulation statemen…
SDCL § 17-2-2.1 Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format
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No publication is a legal newspaper for publishing legal and other official notices unless, for at least one year prior to publication of such notices, the publication is printed in the English language and contains at least four pages per issue, with at least one hundred twenty …
SDCL § 17-2-2.2 Price and circulation requirements
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A legal newspaper shall, for at least one year prior to publication of legal and official notices, be intended for distribution and circulation to the general public, without regard to business, trade, or profession, and must either: (1) Maintain a definite price of not less than…
SDCL § 17-2-2.3 Content requirements
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A legal newspaper shall contain reports of local happenings of recent occurrences of a varied nature, such as political, social, moral, and religious subjects and miscellaneous reading matter. For at least one year prior to publication of legal and official notices, a newspaper m…
SDCL § 17-2-2.4 Office of publication requirement
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A legal newspaper shall, for at least one year prior to publication of legal and official notices, maintain a known office of publication in the community where its mailing permit of original entry is issued or where its principal office is located as stated on the annual report …
SDCL § 17-2-2.5 Ownership and circulation statements
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In order to maintain legal newspaper status, the newspaper must submit to the secretary of state before January first of each year a sworn statement of ownership and total print and online circulation for the previous calendar year, on forms prescribed by the secretary of state. …
SDCL § 17-2-2.6 Involuntary suspension of publication--Existing legal newspapers
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The publication requirements listed in §§ 17-2-2.1 to 17-2-2.5 , inclusive, are not deemed to be interrupted by any involuntary suspension of publication resulting from loss, destruction, failure, or unavailability of operating facilities, equipment, or personnel from any cause, …
Fees chargeable for second and subsequent publications
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The rates stated by § 17-2-19 shall apply for the first insertion of a legal notice. Subsequent insertion shall be paid for at eighty percent of the stated charges. Source: SL 1887, ch 51 , § 1; CL 1887, § 1430; SL 1891, ch 66 ; RPolC 1903, § 1847; RC 1919, § 7072; SL 1929, ch 20…
SDCL § 17-2-21 Repealed by SL 1989, ch 183 , § 6
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17-2-22 Notices validated despite hearing or action in same week as final publication--Rights barred by no action. 17-2-22.1 Affidavit of printer or publisher admissible in evidence--Prima facie evidence. 17-2-23 Publication affidavits validated despite discrepancy in name of new…
SDCL § 17-2-22 Notices validated despite hearing or action in same week as final publication--Rights barred by no action
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All publications of notices which were made in the form, for the number of publications and length of time required by the law then applicable thereto, with the final publication on a day prior to hearing or other action pursuant to such notice and all orders and decrees entered,…
SDCL § 17-2-22.1 Affidavit of printer or publisher admissible in evidence--Prima facie evidence
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The affidavit of any printer, foreman of any printer, publisher of any newspaper, published in this state, or employee of such publisher having personal knowledge of the facts stated in said affidavit, of the publication of any notice, order, or advertisement which by any law of …
SDCL § 17-2-23 Publication affidavits validated despite discrepancy in name of newspaper
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Whenever it shall appear from the affidavit of publication of a notice or of other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds that the name of the newspaper in which such p…
SDCL § 17-2-24 Publication affidavits validated despite failure to describe status as legal newspaper
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Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that the newspaper in which such p…
SDCL § 17-2-25 Publication affidavits validated despite failure to recite statutory authority for execution
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Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that it was executed by a person a…
SDCL § 17-2-26 Vested rights protected against validating provisions
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If any person has any vested right in any property by reason of any affidavit of publication which is or would be legally insufficient for any of the reasons set forth in §§ 17-2-23 to 17-2-25 , inclusive, or any one or more of such sections, if no action or proceeding to enforce…
SDCL § 17-2-27 Publication affidavits validated without additional affidavit as to fees
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Any affidavit of the publication of a notice which has been filed or recorded before July 1, 1939, in any action or proceeding, or in the office of any register of deeds without having annexed thereto the additional affidavit contemplated by section 7074 of the Revised Code of 19…
SDCL § 17-2-28 Notice, minutes, bids, and other published information--Publication cost--Online notice
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If the publication of any notice, minutes, bids, document, or other information is required by law by the state or any municipality, county, or school district, the public notice must bear inscriptions that list the approximate cost of the newspaper publication and that the notic…
SDCL § 17-2-3 Status as legal newspaper unaffected by consolidation
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The consolidation or union of any two or more newspapers, any or all of which were before such consolidation legal newspapers as defined in § 17-2-2.1 , does not affect the legality of the newspaper formed by the consolidation. The consolidated newspaper shall be deemed to have c…
SDCL § 17-2-4 Repealed by omission from SL 1968, ch 271
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17-2-5 17-2-5 to 17-2-9. Repealed by SL 1985, ch 15 , § 3. 17-2-10 Publication in adjoining county if no legal newspaper published in county. 17-2-11 Publication in county or nearest adjoining county if no legal newspaper published in municipality or district. 17-2-12 Publication…