21-19-21. Appointment of appraisers.
In such answer or such demand as the case may be the creditor must designate one appraiser. The claimant must within three days after such service file and serve upon the creditor a designation of one appraiser. The two appraisers so selected must select a third appraiser, and if they fail to agree thereon, such third appraiser must be selected by the court. If the appraiser designated by either party is unable to act the vacancy may be filled by the party who originally made such designation. If either party fails to make an appointment which he is entitled to make, the court may make such appointment. Appointment of any appraiser by the court must be on application by the debtor, claimant, or creditor, upon such notice as the court deems reasonable.
Source: CCivP 1877, §327; CL 1887, §5131; RCCivP 1903, §356; RC 1919, §2663; SDC 1939, §37.4906.
Structure South Dakota Codified Laws
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
Section 21-19-1 - Definition of terms.
Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.
Section 21-19-4 - Service on debtor of notice of levy.
Section 21-19-6 - Court order for substitute method of making service.
Section 21-19-7 - Retention of property levied after notice to debtor.
Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.
Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.
Section 21-19-10 - Contents of claim of exemptions--Schedule of property.
Section 21-19-11 - Verification of claim required.
Section 21-19-12 - Failure to claim additional exemptions as waiver.
Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.
Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.
Section 21-19-16 - Retention of property claimed as exempt until final determination.
Section 21-19-18 - Release of exempt property on failure of creditor to answer.
Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.
Section 21-19-21 - Appointment of appraisers.
Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.
Section 21-19-25 - Amendment of papers filed.
Section 21-19-30 - Stay of proceedings on appeal from order--Security required.