South Dakota Codified Laws
Chapter 21 - Brand Inspection And Theft Prevention
Section 40-21-15 - Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.

40-21-15. Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.
If the seller of an animal sold pursuant to §40-21-12 fails to establish ownership within sixty days, the board shall order the person who acts as selling agent to pay the net sale proceeds with account of sale of such livestock over to the board. The account of sale shall be prepared by the selling agency in duplicate showing the brand on the animal, the name and address of the shipper, the point of origin, and date of consignment.

Source: SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §90.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 40 - Animals and Livestock

Chapter 21 - Brand Inspection And Theft Prevention

Section 40-21-3.1 - Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.

Section 40-21-5 - Designation of open market for livestock--Promulgation of rules--Open market agreement.

Section 40-21-6 - Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.

Section 40-21-7 - Inspection fee for livestock--Receipt--Charge on entire consignment.

Section 40-21-8 - Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.

Section 40-21-9 - Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.

Section 40-21-10 - Proof of ownership required for livestock not bearing seller's brand.

Section 40-21-11 - Proof of ownership required for livestock bearing more than one brand.

Section 40-21-12 - Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.

Section 40-21-12.1 - Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.

Section 40-21-14 - Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.

Section 40-21-15 - Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.

Section 40-21-16 - Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.

Section 40-21-17 - Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.

Section 40-21-19 - Delegation of board powers to livestock inspection agency.

Section 40-21-20 - Enforcement of rules.

Section 40-21-21 - Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony.

Section 40-21-22.1 - Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.

Section 40-21-23 - Venue of offenses.

Section 40-21-24 - Reward authorized--Funding.

Section 40-21-25 - Rendering establishments exempt from provisions governing transport of hides and carcasses.