South Dakota Codified Laws
Chapter 36 - Actions For Escheat Of Property
Section 21-36-22 - Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.

21-36-22. Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.
Personal property, other than money, shall be converted into cash by the receiver appointed by the court, or the administrator of the estate, under the direction of the court, and the proceeds thereof together with all moneys recovered, after first deducting the costs and expenses of the suit, shall be delivered to the commissioner of school and public lands to be by him placed in a special fund pending the expiration of the time in which the right of recovery under the provisions of §21-36-24 shall continue; provided, that for the purposes of this section all permanent fixtures on said real estate of an appraised value less than one thousand dollars, as determined by the Board of Appraisal provided for in §5-9-3, shall be deemed personal property.
Upon the expiration of the time in which such right of recovery shall exist all moneys so recovered and all accruals and additions thereto shall be placed to the credit of the school fund.

Source: SL 1909, ch 104, §8; RC 1919, §3056; SL 1929, ch 119, §1; SDC 1939, §37.4206; SL 1945, ch 164.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 36 - Actions For Escheat Of Property

Section 21-36-1 - Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.

Section 21-36-2 - Report by state's attorneys and circuit judges of possible escheats.

Section 21-36-3 - Investigation and bringing of action by attorney general.

Section 21-36-4 - Intervention in probate proceedings in lieu of bringing action.

Section 21-36-5 - Direction by Governor for institution of proceedings.

Section 21-36-6 - State's attorney to assist on request by attorney general.

Section 21-36-7 - Complaint filed to bring action--Parties defendant.

Section 21-36-8 - Allegations required in complaint for escheat.

Section 21-36-9 - Summons filed--Persons to whom directed--Contents.

Section 21-36-10 - Publication of summons and complaint--Personal service--Service by mail.

Section 21-36-11 - Answer to complaint--Reply.

Section 21-36-12 - Receiver appointed on application by state.

Section 21-36-13 - Concurrent remedies by action and participation in probate proceedings.

Section 21-36-14 - Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.

Section 21-36-15 - Circuit court not to settle estate unless state has intervened.

Section 21-36-16 - Claims to distributive shares determined in circuit court--Practice and procedure rules.

Section 21-36-17 - Judgment for state if no answer or motion served--Proof required.

Section 21-36-18 - Placement on trial calendar if issue joined.

Section 21-36-19 - Pleadings and testimony in prior proceedings admissible in evidence.

Section 21-36-20 - Hearing and judgment--Costs.

Section 21-36-21 - Recording of judgment where title to real property determined.

Section 21-36-22 - Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.

Section 21-36-23 - Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds.

Section 21-36-24 - Action by heirs to recover property escheated--Time for bringing action.

Section 21-36-25 - Summons and complaint of adverse claimant--Answer and trial.

Section 21-36-26 - Judgment for claimant to escheated property--Restoration of property--Interest not included in judgment.

Section 21-36-27 - Claims to escheated property barred by limitations--Persons under disability.

Section 21-36-28 - Appeal to Supreme Court.

Section 21-36-29 - Escheated property credited to school fund.