10-56-12. Sale of property seized--Time for sale--Notice of sale--Notice to encumbrancers.
The sheriff shall, without delay, fix a time and place for sale of the property seized, which may not be less than ten nor more than thirty days after the seizure. The place may be at any public place in the county or where the property is located if the property cannot be conveniently moved. Notice of the sale shall be given by posting the notice in three public places in the county, at least ten days before the date of the sale. The notice shall state the time and place of the sale, the name of the person against whom the distress warrant was issued, a description of the property, and the amount of the tax claim. The notice shall identify the particular taxes for which the sale is to be made and shall refer to the warrant under which the sale is to be held. Copies of the notice shall also be mailed to all encumbrancers of record at their addresses shown in the encumbrances. If no address appears in the encumbrances, mailing the notice is not required. The failure to mail notice does not invalidate the sale, but the encumbrancer has recourse against the sheriff for any damage the encumbrancer may show.
Source: SL 1982, ch 107, §12; SL 2008, ch 37, §121.
Structure South Dakota Codified Laws
Chapter 56 - Collection Of Delinquent Taxes
Section 10-56-1 - Taxes to which procedures apply.
Section 10-56-2 - Issuance of distress warrant by county treasurer on request.
Section 10-56-3 - Form of distress warrant.
Section 10-56-4 - Execution of distress warrant by sheriff.
Section 10-56-5 - Seizure of property--Exempt property.
Section 10-56-6 - Duty of sheriff to collect taxes--Failure to proceed deemed nonfeasance of office.
Section 10-56-7 - Proceedings against sheriff for nonfeasance of office.
Section 10-56-8 - Determination of liens--Procurement of assessment blank.
Section 10-56-9 - Seizure of property--Unencumbered property seized first.
Section 10-56-10 - Service of distress warrant--Notice of levy.
Section 10-56-11 - Sale of property which cannot be moved--Filing of notice of levy.
Section 10-56-12 - Sale of property seized--Time for sale--Notice of sale--Notice to encumbrancers.
Section 10-56-13 - Payment of tax before sale--Release of property to owner.
Section 10-56-14 - Sheriff's receipt for taxes--Issuance and filing--Issuance of regular receipt.
Section 10-56-15 - Sale of property at public auction to highest bidder--Transfer of title.
Section 10-56-16 - Adjournment of sale if no bidders.
Section 10-56-17 - Property not sold for want of bidders--Return.
Section 10-56-18 - Returns of sheriff on distress warrants--Contents of returns.
Section 10-56-19 - Amount collected turned over to county treasurer.
Section 10-56-20 - Balance due on tax after sheriff's collections--Remedies for collection.
Section 10-56-22 - Sheriff's Fees--Costs--Collection of taxes.
Section 10-56-23 - Fees, costs and mileage of sheriff--Certified list--Payment as claim.
Section 10-56-25 - Execution of distress warrant for licenses or tags.