South Dakota Codified Laws
Chapter 34 - Accessions To Personal Property
Section 43-34-3 - Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.

43-34-3. Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.
For the purposes of §43-34-2, that part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable and has been united without the knowledge of its owner, who may in the latter case require it to be separated and returned to him although some injury should result to the thing to which it has been united.

Source: CivC 1877, §591; CL 1887, §3214; RCivC 1903, §907; RC 1919, §509; SDC 1939, §51.1201.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 34 - Accessions To Personal Property

Section 43-34-1 - Ownership of things--Extent--Products and accessions.

Section 43-34-2 - Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner.

Section 43-34-3 - Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.

Section 43-34-4 - Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor.

Section 43-34-5 - Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.

Section 43-34-6 - Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.

Section 43-34-7 - Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.

Section 43-34-8 - Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity.

Section 43-34-9 - Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.

Section 43-34-10 - Wrongful employment of materials of another--Liability for damage.

Section 43-34-11 - Taking possession of thing to render service about it--Rights and duties of person rendering service.