43-41B-23. Public sale of abandoned property.
(a) No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale or by means of an internet auction, depending on which method of sale the administrator determines affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator determines that the bid is insufficient. If the administrator determines that the probable cost of the sale will exceed the value of the property, the administrator need not offer the property for sale. Any sale held under this section shall be preceded by a publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
(c) The state treasurer shall sell all stocks, bonds, and other negotiable instruments within one hundred eighty days of confirmed receipt of such instruments, unless the property is on an open claim. The state treasurer is not liable for any loss or gain in the value that the instrument would have obtained had the instrument been held instead of being sold.
(d) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims by the owner or previous holder of the property and by all persons claiming through or under the owner or previous holder.
(e) The administrator shall execute all documents necessary to complete the transfer of ownership.
Source: SL 1992, ch 312, §22; SL 2017, ch 190, §1, eff. Mar. 10, 2017; SL 2018, ch 258, §1; SL 2019, ch 194, §4.
Structure South Dakota Codified Laws
Chapter 41B - Uniform Unclaimed Property Act
Section 43-41B-1 - Definitions and use of terms.
Section 43-41B-2 - Property presumed abandoned--General rule.
Section 43-41B-3 - General rules for taking custody of intangible unclaimed property.
Section 43-41B-4 - Travelers checks and money orders.
Section 43-41B-6 - Bank deposits and funds in financial organizations.
Section 43-41B-7 - Funds owing under life insurance.
Section 43-41B-8 - Deposits held by utilities.
Section 43-41B-9 - Refunds held by business associations.
Section 43-41B-10 - Stock and other intangible interests in business associations.
Section 43-41B-11 - Property of business associations held in course of dissolution.
Section 43-41B-13 - Property held by agents and fiduciaries.
Section 43-41B-14 - Property held by courts and public agencies.
Section 43-41B-15 - Gift certificates and credit memos.
Section 43-41B-18 - Report of abandoned property.
Section 43-41B-20 - Payment or delivery of abandoned property.
Section 43-41B-22 - Crediting of dividends, interest, or increments to owner's account .
Section 43-41B-23 - Public sale of abandoned property.
Section 43-41B-23.1 - Sale of securities, stocks, bonds, and other intangible ownership interests.
Section 43-41B-24 - Deposit of funds.
Section 43-41B-24.1 - Continuous appropriation of fund--Report--Approval of certain expenditures.
Section 43-41B-25 - Filing claim with administrator--Handling of claims by administrator.
Section 43-41B-26 - Claim of another state to recover property--Procedure.
Section 43-41B-27 - Action to establish claim.
Section 43-41B-28 - Election to take payment or delivery.
Section 43-41B-30 - Period of limitation.
Section 43-41B-31 - Requests for reports and examination of records.
Section 43-41B-32 - Retention of records.
Section 43-41B-33 - Enforcement.
Section 43-41B-35 - Interest on untimely payments.
Section 43-41B-36 - Agreements to locate reported property.
Section 43-41B-37 - Effect of new provisions--Clarification of application.
Section 43-41B-40 - Open-loop prepaid cards exempt.
Section 43-41B-41 - Rewards cards exempt.
Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.