21-41-15. Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.
Any counterclaim filed pursuant to §21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actions, and the value of the land aside from the value of the improvements thereon, and the separate value of the improvements, must be specifically found by the verdict of the jury, the report of the referee, or the findings of the court.
Source: CCivP 1877, §§642, 643; CL 1887, §§5456, 5457; RCCivP 1903, §§682, 683; RC 1919, §§2858, 2859; Supreme Court Rules 583, 584, 1939; SDC 1939 & Supp 1960, §§37.1517, 37.1518.
Structure South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-4 - Joinder of parties plaintiff.
Section 21-41-5 - Joinder of known claimants as defendants.
Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.
Section 21-41-7 - Filing of complaint and summons--Form for summons.
Section 21-41-8 - Service of summons on named defendants.
Section 21-41-11 - Contents of complaint.
Section 21-41-13 - Disclaimer by defendant to avoid costs.
Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.
Section 21-41-17 - Enforcement against property of claim against deceased defendant.
Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.
Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.
Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.
Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.