South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-18 - Court determination of appropriate exemption.

43-45-18. Court determination of appropriate exemption.
In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4.

Source: SL 1997, ch 250, §4.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 45 - Personal Property Exempt From Process

Section 43-45-1 - Scope of exemptions of personal property.

Section 43-45-2 - Property absolutely exempt.

Section 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.

Section 43-45-4 - Additional property exemptions--Selection and appraisal.

Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

Section 43-45-7 - Persons to whom exemptions do not apply.

Section 43-45-8 - Exemption not allowed for purchase money or construction costs.

Section 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.

Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.

Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.

Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.

Section 43-45-13 - Certain federal bankruptcy exemptions not available.

Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.

Section 43-45-15 - Legislative intent.

Section 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.

Section 43-45-17 - Employee benefit plan defined.

Section 43-45-18 - Court determination of appropriate exemption.