10-22-12. Failure of sheriff to execute distress warrant as nonfeasance in office.
The sheriff shall, upon receipt of any distress warrant from the treasurer showing delinquent mobile home taxes or taxes on a building on a leased site, immediately proceed with due diligence to collect all taxes shown by each distress warrant to be delinquent in accordance with the provisions of §§10-22-14 to 10-22-27, inclusive. The failure of the sheriff to proceed constitutes nonfeasance in office and subjects the sheriff to removal from office in the manner provided in §10-22-13.
Source: SL 1939, ch 285, §1; SDC Supp 1960, §57.1016-1; SL 1992, ch 80, §182; SL 2018, ch 63, §42.
Structure South Dakota Codified Laws
Chapter 22 - Collection Of Delinquent Property Taxes
Section 10-22-7 - Warrant to treasurer for amount deducted from claim against county.
Section 10-22-9 - Form of treasurer's distress warrant.
Section 10-22-11 - Exemption from seizure limited to property absolutely exempt.
Section 10-22-12 - Failure of sheriff to execute distress warrant as nonfeasance in office.
Section 10-22-14 - Sheriff to check records for encumbrances against property.
Section 10-22-15 - Seizure of unencumbered before encumbered property--Priority of tax lien.
Section 10-22-17 - Seizure without moving property--Notice filed with register of deeds.
Section 10-22-18 - Notice of sale of property--Contents--Posting and mailing.
Section 10-22-19 - Release of property seized on payment of taxes to sheriff.
Section 10-22-22 - Adjournment of sale--Notice.
Section 10-22-23 - Return of property if not sold--Taxes remain unpaid.
Section 10-22-24 - Sheriff's return on distress warrant--Contents.
Section 10-22-25 - Payment to treasurer of amount collected by sheriff--Receipt.
Section 10-22-26 - Uncollected balance remains collectible--Subsequent remedies.
Section 10-22-28 - Sheriff's Fees--Costs--Collection of taxes.
Section 10-22-33 - Distress warrants required for all taxes not declared uncollectible.
Section 10-22-54 - Action in another state or federal court.
Section 10-22-55 - Ancillary remedies and proceedings.
Section 10-22-56 - Allegations in treasurer's complaint--Tax lists as evidence--Exemptions limited.
Section 10-22-57 - Defenses--Reassessment--Judgment for correct amount due.
Section 10-22-59 - Reciprocal enforcement of tax liability with other states--Proof of authority.
Section 10-22-60 - Taxes, penalties, and interest subject to reciprocal enforcement.
Section 10-22-61 - Attorney general authorized to bring action in other states.