44-9-16. Lien statement by lien claimant--Verification--Contents.
Such statement shall be made by or at the instance of the lien claimant, shall be verified by the oath of some person shown by such verification to have knowledge of the facts stated, and shall set forth:
(1)A notice of intention to claim and hold a lien, and the amount thereof;
(2)That such amount is due and owing to the claimant for labor performed, or for skill, services, material, or machinery furnished, and for what improvement the same was done or supplied;
(3)The names and post office addresses of the claimant, and of the person for or to whom performed or furnished;
(4)The dates when the first and last items of the claimant's contribution were made;
(5)A description of the property to be charged, identifying the same with reasonable certainty;
(6)The name and address of the owner thereof at the time of making such statement, according to the best information then had; and
(7)An itemized statement of the account upon which the lien is claimed.
Source: SL 1879, ch 41, §5; CL 1887, §2043; RPolC 1903, §2577; SL 1909, ch 51, §5; SL 1913, ch 263, §7; SL 1915, ch 243, §5; SL 1917, ch 295, §2; RC 1919, §§1635, 1649; SL 1919, ch 261; SDC 1939, §39.0708.
Structure South Dakota Codified Laws
Chapter 09 - Mechanics' And Materialmen's Liens
Section 44-9-1 - Persons entitled to lien--Property affected--Extent of lien--Exceptions.
Section 44-9-4 - Improvement not authorized by owner of land--Notice of nonliability.
Section 44-9-5 - Homestead right--Lien does not affect exemption.
Section 44-9-6 - Contribution under contract with owner--Agreed price--Extent of lien.
Section 44-9-6.1 - Interest on amounts secured by liens.
Section 44-9-7 - Attachment and taking effect of lien--Preference over other encumbrances.
Section 44-9-12 - Amount due from contractor to creditor--Recovery from owner.
Section 44-9-13 - Misappropriation of funds by contractor, subcontractor, or supplier--Theft.
Section 44-9-16 - Lien statement by lien claimant--Verification--Contents.
Section 44-9-19 - Fees for the filing, indexing or assignment of liens.
Section 44-9-23 - Enforcement of lien--Venue of action--Commencement and conduct of proceedings.
Section 44-9-24 - Six-year limitation to enforce lien--Cancellation of expired lien.
Section 44-9-27 - Action to enforce lien--Commencement--Issuance of summons--Filing of complaint.
Section 44-9-32 - Pleadings in action to foreclose lien--Denial of averments of answer.
Section 44-9-33 - Foreclosure of liens--Applicability of laws governing civil procedure--Exception.
Section 44-9-37 - Compensation of receiver fixed by court.
Section 44-9-38 - General power of court to appoint receiver not abridged.
Section 44-9-46 - Sale of improvements to satisfy all liens--Severance and removal from land.