Title 44 — LIENS
16 chapters · 214 sections in this title.
SDCL § 44-4-1 Liens subject to release by undertaking
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When any mechanics', miners', laborers', or materialmen's lien on real or personal property or on the proceeds of public improvement contracts, lien for the service of sires, seed lien, crop production lien, or vaccination of livestock lien under the provisions of chapters 5-22 ,…
SDCL § 44-4-2 Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents
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The owner of the property to be released by undertaking, or a person substantially affected thereby or having a substantial interest in the lien to be released, shall cause to be filed with the officer having control or custody of the record of the lien, his affidavit, or the aff…
SDCL § 44-4-3 Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties
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The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the ef…
SDCL § 44-4-4 Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence
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The officer before whom the proceedings are held may charge a fee in accordance with subdivision 7-9-15(3) upon the filing of the affidavit and undertaking and notice, and the documents shall be filed or recorded in the same manner as the notice of lien. Certified copies of the d…
SDCL § 44-4-5 Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return
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The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien, on the lien claimant or the lien claimant's …
SDCL § 44-4-6 Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify
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At the time and place specified in the notice for the hearing, the lien claimant or his agent or attorney may except to the sufficiency of the surety, and thereupon the sureties may justify before the officer named in the original notice. If the sureties, or others substituted, f…
SDCL § 44-4-7 Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry
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If no exception is taken to the sufficiency of the sureties, or if the sureties justify as provided in § 44-4-6 , and if the officer having control of the record of the lien approves the undertaking the lien shall be discharged of record by an entry on the margin of the record th…
SDCL § 44-4-8 Release and exoneration of sureties on undertaking for release of property from lien
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Sureties on the bond shall be released and exonerated unless action is commenced on the claim on which said lien was based within one year from the date said lien was discharged. Source: SL 1966, ch 124 , § 4.