South Dakota Codified Laws
Chapter 09 - Sale Of School And Public Lands
Section 5-9-31 - Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.

5-9-31. Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.
Before the holder of a tax deed as above provided shall be entitled to a special contract of sale, notice shall be served upon the owner of record of the original contract of sale, and upon the person in possession of the land covered by said contract. Such notice shall be signed by the holder of the tax deed, his agent, or attorney, stating the date of the tax deed, the description of the land, the name of the holder of the contract, the date and number of the same, and setting forth the fact that he will make application for a special contract at the expiration of sixty days from the service of the notice. Personal service of such notice in the manner provided by law for the service of summons shall be made upon the holder of the contract if he resides within the state. If he is a nonresident such notice may be served by publication once each week for three consecutive weeks in some newspaper printed in the county where the land is situated.

Source: SL 1911, ch 224, §45; SL 1917, ch 340, §1; RC 1919, §5669; SDC 1939, §15.0311; SL 1955, ch 35.

Structure South Dakota Codified Laws

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 5-9-3 - Board of Appraisal--Selection of tracts for sale--Subdivision of lands of special value.

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 5-9-14 - Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.

Section 5-9-15 - Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.

Section 5-9-16 - Assignment or conveyance under installment contract--Approval required--Form--Filing fee.

Section 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.

Section 5-9-23 - Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession.

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 5-9-29 - Tax purchaser's rights under installment contract--Payment of delinquent installments.

Section 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.

Section 5-9-31 - Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.

Section 5-9-32 - Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee.

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.