Title 17 — NOTICE AND PUBLICATION

Notice is either actual or constructive. Source: CivC 1877, § 2106; CL 1887, § 4740; RCivC 1903, § 2449; RC 1919, § 12; SDC 1939, § 65.0501.

Actual notice consists in express information of a fact. Source: CivC 1877, § 2107; CL 1887, § 4741; RCivC 1903, § 2450; RC 1919, § 13; SDC 1939, § 65.0502.

Constructive notice is notice imputed by the law to a person not having actual notice. Source: CivC 1877, § 2108; CL 1887, § 4742; RCivC 1903, § 2451; RC 1919, § 14; SDC 1939, § 65.0503.

Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself. Source: CivC 1877, § 2109; CL 1887, § …

A notice which is false when given is not valid by the subsequent happening of the event. Source: CivC 1877, § 2110; CL 1887, § 4744; RCivC 1903, § 2453; RC 1919, § 16; SDC 1939, § 65.0505.

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 …

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…

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…

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 …

17-2-15

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 …

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;…

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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 …

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. …

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, …

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…

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…

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,…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

The county commissioners of each county shall provide a bulletin board which is adequate for the posting of legal notices. The bulletin board shall be located either at the entrance to the county courthouse or in one of the corridors of the courthouse commonly used by the public.…

Whenever by statute or rule, the posting of any notice or court order is required as a manner and method of giving notice, it shall be sufficient compliance, unless the context of such statute or rule otherwise plainly requires, to post a copy of such notice or order upon the bul…

All notices posted before July 1, 1967, are validated if they are made in conformity with § 17-3-2 except as provided in §

Any person deeming himself aggrieved by posting which was done prior to July 1, 1967, may bring an action to enforce his claimed rights on or before July 1, 1968. Nothing herein shall be construed to mean that the Legislature deems that such notice was insufficient but merely to …

If a notice posted pursuant to § 17-3-2 was posted on a bulletin board in or at a public building maintained in whole or in part by the county or utilized by the courts, and the building was commonly used by the public, then despite the absence of the designation of the bulletin …

If a person has a vested right in any property by reason of an omission referred to in § 17-3-6 , such right shall be forever barred, if no action or proceeding to enforce such right was commenced prior to July 1, 1979. No such action or proceeding may be maintained by a court of…

Wherever any law of this state requires the service, mailing, or transmittal of an order, notice, or other thing whatsoever, by registered mail, it shall be a sufficient compliance with such law if in lieu thereof such service, mailing, or transmittal is made and done by certifie…