21-23-6. Notice to parties of hearing on application--Manner of service prescribed by court.
The court to which the application for leave to sell property is addressed shall direct such notice to be given as will reasonably notify and inform the interested parties that an application to sell the property is pending. Ordinarily, such notice should be by the service on the interested parties of an appropriate notice of hearing, but where the number of persons beneficially interested is great, or some or all of them cannot conveniently be reached for personal service the court may direct that notice be given by publication in a legal newspaper, or by mailing, either by registered or certified mail, or otherwise, copies of the notice to the interested persons, or by posting copies of the notice at or about the place where the property is situated, the intention of this provision being that the court in its discretion shall prescribe such notice as can be given economically with reasonable likelihood that it will come to the attention of the interested parties.
Source: Supreme Court Order No. 2 (5) adopted October 12, 1944; SDC Supp 1960, ยง33.26A05.
Structure South Dakota Codified Laws
Section 21-23-1 - Scope of chapter.
Section 21-23-2 - Application by court officer or trustee for sale of property.
Section 21-23-3 - Application for sale verified--Contents.
Section 21-23-4 - Perishable property ordered sold without hearing--Report of sale.
Section 21-23-5 - Time and place of hearing on application to sell property.
Section 21-23-7 - Order for appraisal of property.
Section 21-23-8 - Court order after hearing on application to sell.
Section 21-23-9 - Time and notice of sale--Order in which items offered--Upset price.
Section 21-23-10 - Bond required of applicant to sell property.
Section 21-23-11 - Cash sale at public auction--Terms and security when deferred payments permitted.
Section 21-23-12 - Report of sale to court for confirmation--Contents of report.
Section 21-23-13 - Report for confirmation of sale authorized by trust instrument.
Section 21-23-14 - Examination of report of sale--Order and notice for formal hearing.