5-9-24. Procedure for forfeiture of installment contract--Service of notice.
To effect such forfeiture the commissioner of school and public lands shall serve upon the purchaser or his legal representatives or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after the service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service. Such notice shall be served personally in the manner provided for the service of summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts the return of the sheriff of the county where the real estate lies shall be prima facie evidence that he cannot be found in such county, then service shall be made by three weeks published notice in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all of the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state, proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.
Source: SL 1919, ch 306, §3; SL 1929, ch 221; SDC 1939, §15.0309.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 09 - Sale Of School And Public Lands
Section 5-9-1 - Selection of school and endowment lands to be sold--Amount sold each year.
Section 5-9-4 - Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.
Section 5-9-5 - Offer to purchase particular tract--Forfeiture or return of payment.
Section 5-9-6 - Publication of notice of land sale--Selection and appraisal to be concurrent.
Section 5-9-7 - Certification and publication of description and appraised price of land offered.
Section 5-9-8 - Commissioner to conduct sales.
Section 5-9-9 - Time and place of sale--Minimum price--Adjournment of sale--Record of sales.
Section 5-9-10 - Terms of installment sale--Interest--Prepayment option.
Section 5-9-11 - Notice to lessee of sale.
Section 5-9-12 - Successful bidder's deposit with commissioner.
Section 5-9-13 - Time of vesting of right or title after sale.
Section 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.
Section 5-9-24 - Procedure for forfeiture of installment contract--Service of notice.
Section 5-9-25 - Recording of notice of default--Prima facie evidence.
Section 5-9-26 - Reinstatement of contract on compliance by purchaser with conditions of notice.
Section 5-9-27 - Action at law to set aside installment contract in default.
Section 5-9-28 - Taxability of land sold--Notice to county auditor of disapproval of sale.
Section 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.
Section 5-9-33 - Issuance to bankrupt of patent to land set aside as homestead.
Section 5-9-34 - Sale for public purposes of tract not exceeding one hundred sixty acres.
Section 5-9-35 - Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.
Section 5-9-36 - Sale of improvements on school and public lands authorized.
Section 5-9-37 - Appraisal and minimum price of improvements offered for sale--Disapproval of sale.
Section 5-9-38 - Publication of notice of sale of improvements--Private sales of small value.
Section 5-9-39 - Conservation easement for certain state land conveyed to another party.