NOTE: South Dakota statutes make oblique reference to a breeder's lien, but not to a veterinarian's or farrier's lien. The South Dakota agister's lien is broad enough to cover boarding charges for residential veterinary, farrier or breeding services.
SOUTH DAKOTA CODIFIED LAWS
TITLE 44. LIENS
CHAPTER 44-4. RELEASE OF LIENS BY UNDERTAKING
44-4-1 Liens subject to release by undertaking.
When any mechanics', miners', laborers' or materialmen's lien on real or personal property or on the proceeds of public improvement contracts, lien for the service of sires, seed lien, crop production lien or vaccination of livestock lien under the provisions of chapters 5-22, 38-17, 40-27, 44-9 and 44-11, is filed against real or personal property located in this state, the property affected may be released by an undertaking in the manner provided in this chapter.
44-4-2 Affidavit by interested person or agent to release property from lien by undertaking -- Filing with custodian of lien record -- Contents.
The owner of the property to be released by undertaking, or a person substantially affected thereby or having a substantial interest in the lien to be released, shall cause to be filed with the officer having control or custody of the record of the lien, his affidavit, or the affidavit of his agent or attorney, describing the property, lien and his interest in said property and stating that the owner or interested party desires a discharge of the lien from the records.
44-4-3 Undertaking to release property from lien -- Amount -- Sureties -- Terms and conditions -- Justification of sureties.
The person filing an affidavit pursuant to s 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.
44-4-4 Affidavit to release property from lien by undertaking -- Filing fee -- Recording of documents -- Certified copies as evidence.
The officer before whom the proceedings are held may charge a fee in accordance with subdivision 7-9-15 (3) upon the filing of the affidavit and undertaking and notice, and the documents shall be filed or recorded in the same manner as the notice of lien. Certified copies of the documents shall be prima facie evidence, in the courts of this state, of the matters therein contained.
44-4-5 Affidavit to release property from lien by undertaking -- Copy of affidavit, undertaking, and notice of time and place of hearing of application for release served on lien claimant or agent -- Return.
A copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien shall be served on the lien claimant or his agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien.
44-4-6 Hearing on application for release of property from lien by undertaking -- Exception to sufficiency of surety -- Justification of sureties -- Dismissal of application upon failure of sureties to justify.
At the time and place specified in the notice for the hearing, the lien claimant or his agent or attorney may except to the sufficiency of the surety, and thereupon the sureties may justify before the officer named in the original notice. If the sureties, or others substituted, fail to justify within ten days from the date named for the hearing, said application shall be dismissed.
|44-4-7 Approval of undertaking for release of property from lien -- Discharge of lien -- Recording by marginal entry.
If no exception is taken to the sufficiency of the sureties, or if the sureties justify as provided in s 44-4-6, and if the officer having control of the record of the lien approves the undertaking the lien shall be discharged of record by an entry on the margin of the record thereof as follows: "discharged by undertaking." The officer shall date and sign the discharge and thereafter the lien shall be of no effect.
44-4-8 Release and exoneration of sureties on undertaking for release of property from lien.
Sureties on the bond shall be released and exonerated unless action is
commenced on the claim on which said lien was based within one year from the date said
lien was discharged.
SOUTH DAKOTA CODIFIED LAWS
TITLE 40. ANIMALS AND LIVESTOCK
CHAPTER 40-27. LIENS ON LIVESTOCK
40-27-1 Agister's lien for service and supplies -- Entitled to retain possession.
Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise provided in s 40-27-2. Such lien shall entitle the person to retain possession of such domesticated animals until the amount due is paid.
40-27-2 Authority from owner required for agister's lien.
Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals.
40-27-3 Notice to mortgagee of agister's lien -- Contents and service -- Priority over mortgage.
In the event animals subject to a lien under s 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the animals generally and give the name and address of the person entrusting the same and the date when the service commenced or a future date when it is to commence, and the probable amount of the charge for such service and supplies. The notice may be served personally upon the mortgagee or by sending the same by registered or certified mail to said mortgagee at his post-office address as set out in the mortgage. Upon service of such notice any charges for service or supplies subsequently accruing pursuant to the notice shall be a prior lien to said mortgage to the extent only of the value of said service and supplies.
40-27-16 Foreclosure of liens on livestock.
Any lien arising under the provisions of this chapter may be foreclosed under the
provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right
of any person adversely interested to require a foreclosure under chapter 21-53.
Amended in 1999.
Reviewed by AAHS in August 2001.
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