South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-2 - Property absolutely exempt.

43-45-2. Property absolutely exempt.
The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law:
(1)All family pictures;
(2)A pew or other sitting in any house of worship;
(3)A lot or lots in any burial ground;
(4)The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;
(5)All wearing apparel and clothing of the debtor and his family;
(6)The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;
(7)All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;
(8)Any health aids professionally prescribed to the debtor or to a dependant of the debtor;
(9)Any court ordered domestic support award of alimony, maintenance, or support of the debtor which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month.

Source: CCivP 1877, §323; CL 1887, §5127; SL 1890, ch 86, §1; RCCivP 1903, §345; RC 1919, §2658; SDC 1939, §51.1802; SL 1993, ch 329; SL 2013, ch 224, §1; SL 2014, ch 211, §1.

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.