21-36-23. Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds.
Any real estate recovered under the provisions of this chapter shall be surrendered by the receiver, or administrator to the commissioner of school and public lands and shall be leased and managed by him subject to the rights of recovery as provided by this chapter, and after the expiration of such right of recovery may be sold in the manner provided by law for the sale of other school and public lands; provided, that when such real estate is of an appraised value of less than one thousand dollars as determined by the Board of Appraisal provided for by §5-9-3, and in the opinion of the commissioner it will be to the best interest of the state that the same be sold and converted into money, he may cause the same to be sold upon the notice and in the manner provided in §§5-9-36 to 5-9-38, inclusive, for the sale of improvements on public lands and the proceeds therefrom placed by the commissioner in the said special fund provided for in §21-36-22 in case of sale of escheated personal property pending the expiration of the right of recovery as provided in §21-36-24.
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
Chapter 36 - Actions For Escheat Of Property
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 21-36-15 - Circuit court not to settle estate unless state has intervened.
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 21-36-24 - 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 21-36-27 - 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.