43-4-52. Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.
For any private transfer fee obligation imposed prior to July 1, 2011, the receiver of the fee shall, prior to December 31, 2011, record in the office of the register of deeds in the county in which the real property subject to the private transfer fee is located, a separate document that meets all of the following requirements:
(1)The title of the document shall be Notice of Private Transfer Fee Obligation in at least fourteen point boldface type;
(2)The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer fee, or such other basis by which the transfer fee is to be calculated;
(3)If the real property is residential property, actual dollar-cost examples of the transfer fee for a home priced at one hundred thousand dollars, two hundred fifty thousand dollars, and five hundred thousand dollars;
(4)The date or circumstances under which the private transfer fee obligation expires, if any;
(5)The purpose for which the funds from the private transfer fee obligation will be used;
(6)The name of the person to which funds are to be paid and specific contact information regarding where the funds are to be sent;
(7)The acknowledged signature of the payee; and
(8)The legal description of the real property burdened by the private transfer fee obligation.
Source: SL 2011, ch 196, ยง7.
Structure South Dakota Codified Laws
Chapter 04 - Transfer Of Property
Section 43-4-1 - Transfer of property defined.
Section 43-4-3 - Property not subject to transfer.
Section 43-4-4 - Voluntary transfer of property defined.
Section 43-4-5 - Transfer without writing where not required by statute.
Section 43-4-6 - Transfer in writing a grant.
Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.
Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.
Section 43-4-9 - Constructive delivery of grant--Agreement of parties.
Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.
Section 43-4-11 - Escrow delivery of grant.
Section 43-4-12 - Redelivery of grant does not transfer title.
Section 43-4-13 - Grant interpreted as contract.
Section 43-4-14 - Construction of grant--Limitations--Operative words.
Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.
Section 43-4-16 - Grantee favored in interpretation of grant--Exception.
Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.
Section 43-4-20 - Definition of terms.
Section 43-4-21 - Imposition and amount of real estate transfer fee.
Section 43-4-22 - Exemptions from real estate transfer fee.
Section 43-4-23 - Exempt transfers to be marked.
Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.
Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.
Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.
Section 43-4-39 - Terminating written offer made prior to disclosure statement.
Section 43-4-40 - Liability for defect disclosed in statement.
Section 43-4-41 - Good faith disclosure required.
Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.
Section 43-4-43 - Application of disclosure statement requirements.
Section 43-4-44 - Property condition disclosure statement.
Section 43-4-46 - Transfer defined.
Section 43-4-47 - Private transfer fee defined.
Section 43-4-48 - Private transfer fee obligation defined.
Section 43-4-51 - Disclosure of private transfer fee obligations.
Section 43-4-53 - Amendment to notice of transfer fee.
Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.
Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.