Title 43, PROPERTY

Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the emblem registered, but it shall not affect the rights of any prior owner or proprietor of the emblem, who has established rights therein by p…

The registration shall be for the benefit of the registrant and his successors, assigns, and persons using the same under his permission or license, express or implied, and according to the laws governing the succession, assignment, and use of personal property generally. Source:…

Except as hereinafter provided, the property mentioned in this chapter is exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court. Source: CCivP 1877, § 322; CL 1887, § 5126; RCCivP 1903, § 344; RC 1919,…

No property, except the homestead and other exemptions made absolute, shall be exempt from levy, seizure, and sale by virtue of any final writ or process issued on a judgment for fines, penalties, or costs of criminal prosecutions. Source: CCivP 1877, § 334; CL 1887, § 5140; RCCi…

No property except the homestead and other exemptions made absolute, and personal property of any kind in addition thereto to the value of five hundred dollars, shall be exempt from levy, seizure, or sale, by virtue of any final writ or process issued on a judgment for forfeiture…

The sheriff or other officer having any process of levy or sale must make return, with his writ or warrant, of any inventory and appraisement of any such exempted or other personal property. Source: CCivP 1877, § 330; CL 1887, § 5134; RCCivP 1903, § 359; RC 1919, § 2666; SDC 1939…

In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically …

For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§ 21-18-51 to 21-18-53 , inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. § 301 et. seq. only, a debtor's claimed exemptions may include earn…

The Legislature of the State of South Dakota hereby declares that §§ 43-45-16 to 43-45-18 , inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, § 4. The Leg…

Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee's benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject to th…

For the purposes of §§ 43-45-16 to 43-45-18 , inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§ 1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in § 401, 403(a), 403(b)…

In the event that any court of South Dakota finds the exemption provided in § 43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, § 4. Source: SL 1997, ch 250 , § 4.

The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law: (1) All family pictures; (2) A pew or other sitting in any house of worship; (3) A lot or lots in any burial ground; (4) The family Bible and all…

A homestead: (1) As defined and limited in chapter 43-31 , is absolutely exempt; or (2) In the event the homestead is sold under the provisions of chapter 21-19 , or is sold by the owner voluntarily, the proceeds of the sale, not exceeding the sum of one hundred thousand dollars,…

In addition to the property provided for in §§ 43-45-2 and 43-45-3 , the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other person…

The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person,…

Except those made absolute, the exemptions provided by this chapter do not apply to the following persons: (1) To a nonresident; (2) To a debtor who is in the act of removing with his family from the state; (3) To a debtor who has absconded, taking with him his family; (4) To a d…

No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be ex…

No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses. Source: SL 1885, ch 55 , § 3; CL 1887, § 5139; RCCivP 1903, § 364; RC 1919, § 2671; SDC 1939, …

Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or owners, under the conditions set fort…

Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, against the survi…

In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in § 43-46-2 , the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at th…

The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned property by the d…

In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any su…