20:36:01:01. Terms defined. Terms used in this article mean:
(1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific piece of land, issued under a certificate certifying to the matters contained in such compilation;
(2) "Abstracter," a person, firm, or corporation holding a certificate of registration from the Abstracters' Board of Examiners of the state of South Dakota;
(3) "Abstracting," the abstracting and reporting upon public or other records under the provisions of SDCL 36-13;
(4) "Board," the Abstracters' Board of Examiners of the state of South Dakota;
(5) "Plant," the books, records, and indexes required by SDCL 36-13-10 and this article;
(6) "Seal," the seal of the Abstracters' Board of Examiners or the seal of an abstracter as the context may indicate;
(7) "Search," the process of examining all relevant records to document the legal owner of the property, including any liens and other claims on the real property, and any type of summary of facts of record affecting the title to a specific piece of land that does not purport to constitute an opinion as to the state of the title. The term does not include a title insurance commitment or policy or information or opinions given;
(8) "Executive Secretary," the executive secretary of the board;
(9) "Secretary-treasurer," the secretary-treasurer of the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:01:02. Chain of title. For the purposes of this article, chain of title means documents of conveyance given in a continuous succession of title and:
(1) With respect to unplatted lands, the smaller of:
(a) Each quarter section of land; or
(b) If a patent was issued for a portion of quarter section of land, then that portion for which that patent was issued; or
(2) With respect to platted lands, a lot as shown on the last subdivision plat recorded against the property. However, if all documents transferring ownership and given in a continuous succession of title ownership from the present owner back in time to the recording of the subdivision plat combine more than one lot, then those multiple lots included in the documents of conveyance shall be considered one chain.
(3) As used in this section, "lot" means the smallest intact areas into which land has been subdivided by a subdivision plat map, whether denoted a lot, parcel, tract, undivided block, or other similar designation.
Source: 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
CHAPTER 20:36:02
ADMINISTRATION
Section
20:36:02:01 Organization of board.
20:36:02:02 Office of the board -- Address mail -- Notices and communications to the board.
20:36:02:03 Seal, books, records, and documents of the board -- Where kept -- Inspection of -- Certified copies -- How obtained.
20:36:02:04 Filing of papers.
20:36:02:05 Meetings of the board -- Regular -- Special -- How called -- Unanimous consent meetings -- Quorum defined and required.
20:36:02:06 Special meetings of the board.
20:36:02:07 Repealed.
20:36:02:08 Quorum requirements.
20:36:02:09 Conduct of meeting.
20:36:02:10 Repealed.
20:36:02:11 Appeals.
20:36:02:01. Organization of board. The organization of the board shall be in accordance with the provisions of SDCL 36-13-1. When the president of the board is absent from the state or disqualified or incapable of acting in any manner, the member of the board senior in time of service, other than the secretary-treasurer shall be president pro tem and as such perform the duties of the president until such president is eligible and able to act.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-1.
20:36:02:02. Office of the board -- Address mail -- Notices and communications to the board. The office of the board shall be at the place established by the board. Notice of the same, and its address, shall be given in writing to the members of the board and publicly announced by them at the annual meeting of the South Dakota land title association, and published in its report of such meeting. Mail, notices, and communications to the board shall be addressed to the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:02:03. Seal, books, records, and documents of the board -- Where kept -- Inspection of -- Certified copies -- How obtained. The seal of the board shall be kept by the executive secretary. All books, records, and documents of the board, including correspondence, shall be kept by the executive secretary.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-4, 36-13-6.
20:36:02:04. Filing of papers. The executive secretary shall file all books, records, documents, and papers as are required by law or these rules to be filed, or which are of such importance to the operation of the board as to require filing, or which are requested by any member of the board to be filed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-4, 36-13-6.
20:36:02:05. Meetings of the board -- Regular -- Special -- How called -- Unanimous consent meetings -- Quorum defined and required. The board shall hold one regular annual meeting at the same time and place as the annual meeting of the South Dakota land title association at which the president and secretary-treasurer and a majority of the members of the board shall be present. The board meeting shall continue during the annual meeting of the South Dakota land title association at which the officers and members of the board who are present shall elect their own officers, act upon general affairs of the board, participate in the meetings of the South Dakota land title association, and be available for conferences with its members and committees and with applicants or other persons having business with the board within reasonable limits of the time available.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-4, 36-13-6.
20:36:02:06. Special meetings of the board. Special meetings of the board may be held in accordance with SDCL chapter 1-25.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-4, 36-13-6.
20:36:02:07. Unanimous consent meetings of the board. Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
20:36:02:08. Quorum requirements. A quorum shall consist of a majority of the members of the board, and no official action except to adjourn sine die can be taken at any meeting unless a quorum is present at the time such action is taken.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:02:09. Conduct of meeting. The president, or in the president's absence the president pro tem, shall preside at all meetings, and the executive secretary shall keep the minutes. If the executive secretary is absent, the members present shall designate one to act as secretary of the meeting, and the designated member shall keep the minutes and sign the minutes with the presiding officer and file them with the executive secretary. Minutes shall be approved with corrections if any are required, by motion at a subsequent meeting of the board. If any member present requests the vote of the members on any decision of the board, it shall be taken by yeas and nays and the vote of each member recorded in the minutes.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:02:10. Orders and decisions of the board. Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
20:36:02:11. Appeals. An appeal may be taken from any order or decision of the board which is subject to appeal, in the form and manner provided by SDCL 36-13-31.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-31.
Cross-Reference: Appeals from administrative agencies, SDCL 1-26-30 to 1-26-37.
CHAPTER 20:36:03
REGISTRATION PROCEDURE
Section
20:36:03:01 Eligibility.
20:36:03:02 Eligibility to qualify partnership, corporation, and other firm.
20:36:03:03 Examinations of applicant -- Time, place, and fee.
20:36:03:04 Examinations -- Method of conducting.
20:36:03:05 Examination subjects.
20:36:03:06 Written and oral examinations.
20:36:03:07 Examination questions kept secret.
20:36:03:08 Grading of examination.
20:36:03:09 Examination grades sent to each applicant.
20:36:03:10 Examination -- Effect of passing or failing.
20:36:03:11 Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity.
20:36:03:12 Fee for certificate of registration and renewal.
20:36:03:01. Eligibility. An applicant for registration as an abstracter must be a resident of this state, or an active duty member of the armed forces of the United States, or the spouse of an active duty member of the armed forces of the United States who is the subject of a military transfer to this state, and a person of good moral character and careful, temperate habits.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:03:02. Eligibility to qualify partnership, corporation, and other firm. If the applicant for registration seeks registration for the purpose of qualifying a partnership, corporation, or other permitted firm to engage in abstracting, the applicant must have the qualifications provided in § 20:36:03:01, and show by notarized signature either in the application for registration or by separate document to be filed with the board that the applicant or some other legally registered abstracter will have personal contact with or responsible supervision of the operations of the partnership, corporation, or firm at all times. No partnership, corporation, or firm that is not registered prior to the effective date of these rules shall be qualified for registration unless its eligibility is established as provided by this section. No partnership subject to SDCL 37-11-1, the fictitious names statute, shall be qualified until the partnership has met the requirements of that section.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-8, 36-13-11.
20:36:03:03. Examinations of applicant -- Time, place, and fee. The board shall conduct a regular examination each year, either before or immediately following the annual convention of the South Dakota Land Title Association. Other written examinations shall be offered to approved applicants at the time and place approved by the board. A fee of $50 per section shall be charged to each applicant each time the examination is written. A fee of $25 per section shall be charged to each applicant on any section that is re-taken by an applicant following an initial examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(1)(3).
Law Implemented: SDCL 36-13-11, 36-13-12.
20:36:03:04. Examinations -- Method of conducting. A member of the board or a designated representative shall be present at all examinations.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:05. Examination subjects. Applicants shall be examined upon all of the subjects mentioned in SDCL 36-13-12 plus such similar requirements of education and experience as may be reasonably necessary to carry on the work of abstracting in an accurate, efficient, and reliable manner, and which similar requirements may be established by the board in its prepared examination questions or the oral examinations which may be given.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:03:06. Written and oral examinations. Written examinations shall be questions and answers upon the subjects specified in SDCL 36-13-12 and upon title insurance and will be separated into 5 sections. A time limit of one hour will be given for each section. The board, when preparing the examination, shall see that each section of the examination, if written by an experienced abstracter, will take no more than 30 minutes to write. Oral examinations shall be questions based on requirements of education and experience which are similar to the requirements of education and experience necessary for the written examination. All members of the board present at the examination shall be entitled to ask oral examination questions, but any member present may waive his right to do so at any time during the examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:03:07. Examination questions kept secret. Questions, which shall be prepared by the board, shall be held secret at all times by all members of the board except when the questions are distributed to the applicants at the examinations and shall not be publicly released except by official action of the board. The board shall vary its questions from time to time in such manner as the board deems advisable to conduct examinations in the most effective and impartial manner.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:08. Grading of examination. The examination papers of applicants shall be graded on a percentage scale, with a percentage of 80 being required to pass. If an applicant fails any section the board may establish the applicant's credits on the sections passed and permit the applicant to be examined only on the sections the applicant failed, at any regular or special examination held within one year of the date of the initial examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:09. Examination grades sent to each applicant. The board shall complete its grading of the examination papers of all applicants within three weeks of the date of examination and send notice by certified mail, return receipt requested, to each applicant at any post office address specified in writing to the board for such purpose by the applicant. The notice of the board as to the result of the examination shall specify to each applicant the applicant's grade in each section which the applicant wrote for the examination, and the percentage attained by the applicant on the oral examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-12.
Law Implemented: SDCL 36-13-12.
20:36:03:10. Examination -- Effect of passing or failing. The fact that an applicant has passed successfully any examination for which he was eligible shall not entitle him to a certificate of registration to engage in abstracting as an independent operator under his own or a firm name and seal unless he, or his firm has an approved abstract plant as required by the laws of South Dakota and this article. If the applicant is to become an employee of, or partner with, any person or member of any corporation or firm having such approved plant, at that time the registration may be granted. If the person passing such examination shall at any time within one year after receiving notice that he has successfully passed the examination, acquired either by completing construction, purchase, or other legal method of acquisition an approved abstract plant as required by the laws of South Dakota, he shall then be issued his certificate of registration upon establishing such acquisition to the satisfaction of the board; provided, also, that the board may by resolution duly adopted and entered in its minutes extend the period for completing acquisition of such abstract plant or securing the approval of the board thereof, for an additional year and issue the certificate without further examination of the applicant. The failure of an applicant at any examination shall in no manner affect his rights to any future examinations held by the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-12.
Law Implemented: SDCL 36-13-12.
20:36:03:11. Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity. Whenever a registered individual, partnership, firm, or corporation shall sell or otherwise transfer its interest to another party, including sale or transfer of stock in a corporation which retains its identity, the board must be notified at least 30 days prior to the date of sale or transfer. The provisions of SDCL 36-13 and chapters 20:36:03 and 20:36:04 herein for the issuance of a new certificate of registration will be followed.
Although no exception is made as to notification of the board prior to the transfer, the sale or transfer of interests in a certificate of registration between husband and wife or parent and child or children will be excepted from qualifying for a new certificate of registration as long as there is a legally registered abstracter who has qualified by examination under the provisions of SDCL 36-13-12 and this chapter who will have personal contact with or responsible supervision of the operations of such firm, partnership, or corporation at all times.
Source: 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:03:12. Fee for certificate of registration and renewal. The annual fee for a biennial certificate of registration for an applicant shall be paid by June 30th and is as follows: in counties with a population of 10,000 or less, the fee is $350; in counties with a population of 10,001 to 15,000, the fee is $490; and in counties with a population over 15,000, the fee is $700. The board shall issue a certificate to an applicant upon payment of the required fee, if the applicant meets the other requirements in SDCL chapter 36-13 and chapters 20:36:03 and 20:36:04.
A title plant licensee shall apply for renewal at least 30 days before expiration by submitting a completed application for renewal and the appropriate annual fee. The annual fee is the same as the fee required of an applicant for initial registration.
Source: 3 SDR 49, effective January 17, 1977; 7 SDR 72, effective February 1, 1981; 11 SDR 168, effective June 20, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 40 SDR 197, effective May 28, 2014.
General Authority: SDCL 36-13-6, 36-13-21.
Law Implemented: SDCL 36-13-21.
CHAPTER 20:36:04
BOOKS, RECORDS, AND INDEXES
Section
20:36:04:01 General requirements for books, records, and indexes.
20:36:04:01.01 Penalty for failure to comply with § 20:36:04:01.
20:36:04:02 Maintenance of plant -- Requirements.
20:36:04:03 Inspection of plants.
20:36:04:04 Examination of new and purchased plants.
20:36:04:04.01 Scope of examination.
20:36:04:04.02 Use of other registered plants in county of examination.
20:36:04:04.03 Grading of plant examination.
20:36:04:04.04 Fee for plant examination.
20:36:04:05 Examination for upkeep and maintenance of existing plants.
20:36:04:06 Examinations upon request -- When made -- Fees and expense.
20:36:04:07 Certificate of qualification of plant.
20:36:04:01. General requirements for books, records, and indexes. Before any person is entitled to a certificate of registration to engage in abstracting under the laws of this state, the person shall have an approved abstract plant containing the following:
(1) A complete index showing every instrument recorded in the register of deeds office in the county in which the person proposes to operate, properly listed against the specific property which it affects; a separate miscellaneous index showing all recorded instruments which do not affect specific property; a general index showing all county aid, state, and federal tax liens as recorded in the Register of Deeds Office in the county in which the person proposes to operate; and all unsatisfied judgments as filed with the South Dakota Unified Judicial System in the county in which the person proposes to operate. Each index may be compiled on cards, in bound books, in electronic form, or a loose leaf form, but must be made from an actual check of each page of each book of recorded instruments in said office, and in no case will a copy or film of the numerical index in the office of the Register of Deeds be accepted;
(2) If a numerical index is used showing only the book and page of each instrument, the index must be supplemented by a take-off of each instrument properly arranged in the abstract plant so it can be located from the person's numerical index. Such take-off shall be sufficiently complete to show all essential parts of each instrument, such names, dates, descriptions, acknowledgments, filings, and any special or unusual recitals, covenants, warranties, exceptions, or reservations. Such take-off may be made on cards on loose leaf form or in bound books or film or any other archivable form as approved by the board;
(3) If the form of index is a card, a loose leaf sheet, an electronic form, or the page of a bound book showing all instruments affecting a particular piece of farm land, or town lot or block, then such index must be in such form as to show all names, dates, acknowledgments, seals, and filings, and indicating any special or unusual recitals in each instrument.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:01.01. Penalty for failure to comply with § 20:36:04:01. Failing to comply with § 20:36:04:01 shall result in the suspension or denial of a certificate of registration until such time as compliance is demonstrated.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:02. Maintenance of plant -- Requirements. All abstract books,
records, and indexes required to be kept by law as one of the qualifications
for engaging in abstracting under the laws of South Dakota shall be revised,
checked, and supplemented from time to time so as always to be full, complete,
and correct within six months of any change.
Source:
SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34
SDR 73, effective September 17, 2007.
General
Authority: SDCL 36-13-6.
Law
Implemented: SDCL 36-13-10.
20:36:04:03. Inspection of plants. All abstract plants required by law for the purpose of qualification to engage in abstracting in South Dakota shall at all times be open for inspection and examination by the board, or any member thereof in connection with their official duties.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-10.
20:36:04:04. Examination of new and purchased plants. Before any person begins assembly of an abstract plant for the purpose of qualifying for a certificate of registration the person shall contact the board. The board shall advise the person as to procedure and shall observe the methods used during the construction of the plant. Whenever any person has completed assembly of an abstract plant or intends to purchase an already registered plant the person shall notify the board in writing that the plant is ready for examination and state the place at which the plant may be examined. The executive secretary shall immediately communicate the writing's contents to all members of the board and the board shall fix a date for examination of the plant, within 60 days of notification, with notice to the applicant of the examination. The examination may be conducted by one or more members of the board as may be ordered by the board and such member or members shall then make their examinations and report within 60 days after date of the order. During the 60-day period different examinations may be made at different times by the member or members of the board, and the applicant shall cooperate fully in showing the condition of the plant and explaining anything required of the applicant in connection with the examination. The applicant shall afford the member or members full opportunity to examine the plant privately and without the applicant's presence if any of the members so desire. After the member or members of the board have completed their examination of the plant they shall make a joint report or individual reports in writing to the board together with their recommendations, and the reports shall be filed with and become an official record of the board. The board shall make its official decisions as to the sufficiency of the plant, and file the decision in the office of the board and a copy of the report and the decision shall then be sent by certified mail, return receipt requested, to the address where the plant was located at the time of examination. If the decision of the board requires certain corrections or additions, or both, to the plant are necessary, the decision shall specify the necessary changes and may fix additional time for the applicant to become compliant and notify the board. Upon notification, the board shall then examine the plant and make its decision as provided under this section.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:04.01. Scope of examination. The plant examination
shall be divided into the following areas:
(1) The preparation of not
less than 5 complete chains of title consisting of the book and page of the
recorded instrument, type of instrument, parties to the instruments, and dates.
The chains are to include any instruments filed of record which do not describe
the specific property but which would affect title to the property;
(2) The running of not less
than 20 chains of title limited to a notation as to the book and page of
recorded instruments which describe the property;
(3) A list of 20 recorded
instruments not affecting specific property shall be compiled by the board from
the office of the register of deeds. The board shall check the list in the
plant to see that they are properly indexed;
(4) The board shall examine
not less than 20 instruments. If they are abbreviated takeoffs from recorded
instruments, they will be checked against the original recorded instruments to
see that they contain all essential parts of the instruments. If they are films
or copies of the original recorded instruments, they will be checked to see
that all essential parts of the instruments are clearly legible; and
(5) The board shall compile
a list of 20 unsatisfied mechanics' or materialmen's liens which have been
filed or renewed in the past 6 years in the office of the register of deeds and
unsatisfied judgments which have been filed or renewed on the South Dakota
Unified Judicial System; the board shall check the list in the plant to see
that they are properly indexed. If there are fewer than 10 unsatisfied
mechanics' or materialmen's liens in the office of the register of deeds, all
of them shall be checked in the plant.
Plants may be examined on any other
areas considered advisable by the board.
Source:
3 SDR 49, effective January 17, 1976; 6 SDR 11, effective August 14, 1979; 12
SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17,
2007.
General
Authority: SDCL 36-13-6, 36-13-6.1(7).
Law
Implemented: SDCL 36-13-10.
20:36:04:04.02. Use of other registered plants in county of examination. If there is another registered abstracter in the county of examination, the board may go to that abstracter and use his records to check the chains of title that have been given to the plant being examined. The board may also request from another registered abstracter in the county a list of five descriptions where there are known discrepancies in the register of deeds indexes.
Source: 3 SDR 49, effective January 17, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-10.
20:36:04:04.03. Grading of plant examination. Plants shall be graded on a scale of percentage, with 80 percent being required for approval. If the plant fails in any of the areas set forth in § 20:36:04:04.01, the board may establish the plant's sufficiency in the areas in which it passed and permit it to be reexamined only in the areas in which it failed.
When grading areas in subdivisions 20:36:04:04.01(1) and (2), the board shall use the following criteria: If there are any discrepancies between the indexes in the plant and those in the office of the register of deeds or another registered plant in the county, the board shall check the recorded instruments in question to see whether the error or discrepancy is in the office of the register of deeds or in the plant. If an error is found in the chain from the plant being examined, it will result in a reduction in the credit given for that chain. If a chain from the plant being examined shows an instrument properly posted which is not shown on the chain from the office of the register of deeds, additional credit will be given to the plant which will be used to offset a reduction in the credit given for that chain.
Source: 3 SDR 49, effective January 17, 1976; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:04.04. Fee for plant examination. An examination fee of $500 shall be charged for each examination of new and purchased plants for the purpose of qualifying for a certificate of registration. The fee shall be payable to the board when application is made for a certificate of registration.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(2).
Law Implemented: SDCL 36-13-10.
20:36:04:05. Examination for upkeep and maintenance of existing plants. The board may, upon its own election, not more often than once each year, or at any time whenever a sworn complaint is deemed by the board to be sufficient for the purpose filed with it, examine or reexamine any existing abstract plant for the purpose of ascertaining whether it is being kept current and maintained in accordance with the laws and rules of this state. In such cases the board shall fix a time and place for such examination and the method of examination and notify the person, firm, or corporation in charge of the examination. At least 10 days' notice shall be given to such person and if the examination is being made pursuant to a sworn complaint a copy of the complaint shall be furnished to the applicant with the notice. Thereafter the board shall make its examination to whatever extent it deems advisable and the persons in charge of the plant shall cooperate with the board. The decision of the board shall be made and served upon the persons in charge of the plant in accordance with the provisions of SDCL 36-13-10.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:06. Examinations upon request -- When made -- Fees and expense. Any person, firm, or corporation in charge of an abstract plant that has previously been approved for operation by the board may file with the board a written request for a reexamination of the plant, stating the reasons for requesting the examination and the board shall grant the request upon condition that the applicant pay the per diem and expense of the members of the board required to make the examination.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:07. Certificate of qualification of plant. Whenever the board has examined or reexamined any abstract plant after the effective date of these rules and has approved the plant, it shall issue and deliver to the person in charge of the plant by registered mail to the business address of the plant, person, firm, or corporation as registered with the board a certificate in appropriate form for public display, signed by the president, if all concur, or a majority of the members of the board, and attested by the secretary-treasurer under the seal of the board, whether or not the secretary-treasurer agrees with the decision. The certificate shall state the date on which the plant was found to be complete, the date of the examination, the date of issue of the certificate, and any other matters as the board deems advisable to establish the legal qualification of the plant.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
CHAPTER 20:36:05
CHARGES AND HEARINGS
Section
20:36:05:01 Charges -- Scope and methods of making.
20:36:05:02 Board hears charges by resolution.
20:36:05:03 Complaint procedure.
20:36:05:04 Charges -- Subject matter -- Specifications -- Filing -- Service -- Time.
20:36:05:05 Complaint filed with board.
20:36:05:05.01 Informal proceedings.
20:36:05:05.02 Assurance of voluntary compliance.
20:36:05:05.03 Formal proceedings.
20:36:05:06 Serving complaint on accused.
20:36:05:06.01 Disqualification.
20:36:05:07 Hearings shall be public.
20:36:05:08 Hearing procedure.
20:36:05:09 Subpoena procedure.
20:36:05:10 Hearings may be extended.
20:36:05:11 Hearings -- Decision.
20:36:05:12 Petition for review.
20:36:05:01. Charges -- Scope and methods of making. Upon all matters involving the right of a person, firm, or corporation to engage in or to continue in abstracting under the laws of South Dakota either as an owner, operator, agent, or employee, the board may make charges in its discretion upon its own resolution or may consider charges upon sworn complaint of any person or persons as herein provided.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-10.
20:36:05:02. Board hears charges by resolution. The board may, whenever a majority of its members at any regular or special meeting of the board shall adopt a resolution for the purpose, specify and hear charges on any of such matters referred to in § 20:36:05:01 or otherwise permitted by law.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-10.
20:36:05:03. Complaint procedure. Any person, firm, or corporation or one or more of such jointly may make a complaint under oath against any person, firm, or corporation or one or more of them jointly if they are engaged in the same plant operation upon any of the matters hereinbefore referred to in this section or otherwise permitted by law.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:04. Charges -- Subject matter -- Specifications -- Filing -- Service -- Time. The charges may embrace any one or more violations of law or of this article or any other law or rule or regulation of South Dakota applicable in the circumstances. The resolution, if charges are made by the board of its own selection, or the complaint if made otherwise, shall specify each violation relied upon, separately and with sufficient definiteness and certainty to enable a person of ordinary understanding to know the nature of the charge and to show the jurisdiction of the board to hear the same.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:05. Complaint filed with board. The original resolution or complaint shall be filed with the executive secretary and remain a permanent record of the board, and a note of its filing shall be made in the journal or minutes of the board. The executive secretary shall immediately submit the resolution or complaint to the board unless the charges shall, after consideration of the board, be dismissed as trivial or not within the jurisdiction of the board without a hearing. The charges shall be heard and determined by the board within 90 days after their filing with the executive secretary. The board shall fix a time and place within the county in which the person, firm, or corporation charged will be engaged in the business of abstracting, and the time and location where the hearing on the charge shall be conducted.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6, 36-13-10.
20:36:05:05.01. Informal proceedings. Unless the parties agree to proceed directly to a formal hearing, the board shall conduct informal proceedings on complaints of a serious nature constituting grounds for disciplinary action. The board shall consult with any parties affected in an effort to resolve the matter satisfactorily and shall notify in writing the person making the complaint, the applicant for or holder of a certificate of registration complained against, and any other affected parties of the results of the informal proceedings. Such informal proceedings shall not preclude the board from instituting formal proceedings.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:05.02. Assurance of voluntary compliance. The board may accept an assurance of voluntary compliance with respect to any alleged violation of this article or SDCL chapter 36-13 from any person or firm complained against. Any such assurance shall be in writing and shall be subject to the approval of the board. The assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of the investigation and any amount necessary to restore to any person any money or property which may have been acquired by the alleged violator by means of any violation. Assurance of voluntary compliance shall not be considered an admission to a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance shall be prima facie evidence of a violation of this article.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:05.03. Formal proceedings. If it appears to the board that formal proceedings in respect to a complaint should be instituted, the board shall serve by mail a formal complaint issued in the name of the board and a notice of hearing upon the applicant for or holder of a certificate of registration complained against, the person making the complaint, and any other affected parties.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:06. Serving complaint on accused. A copy of the order of the board fixing the time and place of hearing together with a copy of the resolution or complaint shall be legally served upon the accused at least 30 days before the date fixed for hearing. If such service cannot be effected within 30 days before the date fixed for hearing, the time for hearing and determination may be extended by order of the board from time to time in order that such services can be legally effected 30 days before the time fixed for same.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:06.01. Disqualification. If the complaint referred to in § 20:36:05:03 was filed by a board member, that board member shall be disqualified from sitting at the hearing as a board member and from participating in the decision rendered by the board.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:07. Hearings shall be public. The hearings shall be public and any of the board present shall have authority to preserve order and decorum under the contempt process. A majority of the board shall be present at all hearings. If the president and secretary-treasurer are present the president shall preside and the secretary-treasurer shall act in his usual capacity. If either is absent the board members present shall act in such manner as they shall specify at the opening of the hearing.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:08. Hearing procedure. A stenographic record of the oral testimony shall be kept, but as to any documentary evidence offered, the party offering same shall submit three copies for introduction. If the inspection or examination of a plant is involved the board shall specify in the record or incorporate in its decision its finding with reference thereto. The accused shall have a right to appear personally and by counsel, to cross examine all witnesses, and to produce evidence and witnesses in his own behalf. The board may hear arguments orally or by briefs or both as the members present may order.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:09. Subpoena procedure. Subpoena shall be issued under the name and seal of the board upon application of any party or any member of the board at any time prior to the hearing or during the hearing under the provisions of SDCL 36-13-2, but requests for subpoena during the hearing shall not be granted if in uncontrolled discretion of the board the effect of same would be to delay the hearing unduly.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:10. Hearings may be extended. Continuances of the hearing and extension of the time for making and service of the decision of the board may be granted for good cause shown upon application of any party or may be made by order of the board entered in the record whenever the reason and necessity therefor shall appear.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6, 36-13-10.
Cross-Reference: Right of appeal when agency fails to act in contested case, SDCL 1-26-30.1.
20:36:05:11. Hearings -- Decision. After hearing the evidence and arriving at a decision, the board may, depending upon the circumstances, dismiss the complaint, revoke the certificate of registration, suspend the certificate of registration, or issue a letter of reprimand to be placed in the files of the holder of the certificate of registration complained against. A letter of reprimand shall state the actions against which a complaint was filed with the names, dates, places, and list of witnesses involved in the complaint.
The board may announce its decision orally at the conclusion of the hearing, provided a majority of the members of the board agree to do so at the time. The decision of the board, whether announced orally at the conclusion of the hearing or formulated later, shall be reduced to writing in accordance with the provisions of SDCL 1-26-25.
This section shall not preclude the board from allowing a settlement of the complaint, and the board may also allow an assurance of voluntary compliance as prescribed by § 20:36:05:05.02.
Source: SL 1975, ch 16, § 1; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:05:12. Petition for review. Within 10 days after receipt of the board's decision, any party to the hearing may file with the board a petition for review of its decision. The board, at its discretion, may deny the petition, order a rehearing, or direct any other proceedings it deems appropriate. Upon rehearing, the board may affirm, reverse, or modify its earlier decision. Notice of the board's decision on the petition to review shall be served by mail upon the petitioner and other affected parties.
Source: 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 1-26-18.
CHAPTER 20:36:06
FEE SCHEDULES
Section
20:36:06:01 Maximum fee schedule.
20:36:06:01.01 Use of valuation fee limited on continuations.
20:36:06:01.02 Real property valuation fees.
20:36:06:01.03 Use of unit prices.
20:36:06:02 Exceeding schedule prohibited.
20:36:06:03 Itemizing of abstract charges pertaining to the maximum fee schedule.
20:36:06:01. Maximum fee schedule. The maximum fee
schedule for doing abstract work is as follows:
(1) Each entry on an
abstract or continuation: $10;
(2) For a complete
certification covering the records of county offices: $50;
(3) Each name searched
(husband and wife to be considered two names): $5;
(4) Abstracted court
proceedings, single-spaced: $20 for 8 1/2 x 14-inch page; $18 for 8 1/2 x
11-inch page; $10 for 8 1/2 x 7-inch page. Double-spaced: one-half of the
charges set by this subdivision. Additional copies of abstracted court
proceedings provided in the same order: one-half of the charges set by this
subdivision. Photocopies of court proceedings, used in lieu of abstracted
proceedings: $2 per page. No certificate charge may be made for court
proceedings;
(5) Recertifying work of
your own company: one-half price;
(6) Recertifying work of
another company: full price;
(7) Plats: $30;
(8) City special assessment
certificate: $25;
(9) Real property
valuation: a valuation fee figured according to § 20:36:06:01.02 may be
added to the regular rate schedule provided for in subdivisions (1) to (8),
inclusive, of this section. The fee shall be based on the taxable percentage of
full and true value for the most recent year as established by the county
assessor;
(10) Exhibits of recorded
instruments, typed in office: same charges as for abstracted court proceedings;
exhibits of recorded instruments, photocopies of record: $2 per instrument. No
certificate charge may be made for exhibits; and
(11) An extra charge at the
rate of $40 an hour may be made in addition to the other fees in this section
when it is necessary to make special searches of records or where descriptions
are by metes and bounds or otherwise complicated.
Source:
SL 1975, ch 16, § 1; 1 SDR 48, effective December 29, 1974; 6 SDR 11,
effective August 14, 1979; 10 SDR 19, effective September 4, 1983; 11 SDR 105,
effective February 10, 1985; 11 SDR 168, effective June 20, 1985; 12 SDR 151,
12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007.
General
Authority: SDCL 36-13-6, 36-13-6.1(5), 36-13-25.
Law
Implemented: SDCL 36-13-25.
20:36:06:01.01. Use of valuation fee limited on continuations. In conveying, mortgaging, refinancing, or otherwise transferring or encumbering an interest in real property where the abstract is to be continued two or more times as a part of the same transaction, the real property valuation fee may only be applied on the first continuation.
Source: 1 SDR 48, effective December 29, 1974; 6 SDR 11, effective August 14, 1979; 11 SDR 168, effective June 20, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-25.
20:36:06:01.02. Real property valuation fees. The real
property valuation fee shall be figured as follows:
(1) The first $5,000: $25;
(2) From $5,001 to $50,000:
$25 plus $3 for each thousand over $5,000;
(3) From $50,001 to
$100,000: $160 plus $2 for each thousand over $50,000;
(4) From $100,001 to
$500,000: $260 plus $1.75 for each thousand over $100,000;
(5) From $500,001 to
$1,000,000: $1,135 plus $1.50 for each thousand over $500,000;
(6) Over $1,000,000: $1,885
plus $.85 for each thousand over $1,000,000.
Source:
1 SDR 48, effective December 29, 1974; 6 SDR 11, effective August 14, 1979; 11
SDR 105, effective February 10, 1985; 11 SDR 168, effective June 20, 1985; 12
SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17,
2007.
General
Authority: SDCL 36-13-6, 36-13-6.1(5), 36-13-25.
Law
Implemented: SDCL 36-13-25.
20:36:06:01.03. Use of unit prices. Contracts for abstracting based upon the fee schedule and estimates of work involved, using a per unit price that has been negotiated may be entered into with any governmental agency that requires such unit pricing for planning budgetary, or regulatory reasons.
Source: 1 SDR 48, effective December 29, 1974; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-25.
20:36:06:02. Exceeding schedule prohibited. No abstracter shall exceed the price schedule established by the South Dakota abstract board of examiners. Any licensed abstracter violating § 20:36:06:01 will be given 30 days notice for the board to hold a hearing to determine if such license should be suspended or revoked as well as to impose other penalties as provided by law.
Source: SL 1975, ch 16, § 1; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-25.
20:36:06:03. Itemizing of abstract charges pertaining to the maximum fee schedule. Any licensed abstracter doing business under SDCL 36-13-25 must, if requested to do so, itemize the bill to show what was charged for the abstract work. If the abstract work pertains to a multiple set of abstracts and the fee charge is the same for all abstracts in the set, the abstracter need only itemize once with the statement that it applies to each of the abstracts in the set.
Source: SL 1975, ch 16, § 1; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-25.
CHAPTER 20:36:07
TITLE INSURANCE TITLE SEARCHES
Section
20:36:07:01 Title search required for countersignature.
20:36:07:01.01 Report of findings.
20:36:07:02 Title search requirements.
20:36:07:03 Copies of searches to be kept.
20:36:07:01. Title search required for countersignature. An abstracter shall search the records contained in the abstracter's plant and in the courthouse which relate to the property being insured before he countersigns a policy of or commitment for title insurance pursuant to SDCL 58-25-16.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-25, 36-13-26.1.
20:36:07:01.01. Report of findings. Upon completion of the
search as required in § 20:36:07:01, the abstracter may report its
findings on a Search Report or Certificate as determined and published by the
Abstracters' Board of Examiners.
Source:
34 SDR 73, effective September 17, 2007.
General
Authority: SDCL 36-13-6.
Law
Implemented: SDCL 36-13-26.1.
20:36:07:02. Title search requirements. The title search required for a commitment for or policy of title insurance shall be made under the direction of an abstracter licensed in the county in which the property is located, who shall countersign the title insurance policy pursuant to SDCL 58-25-16.
The results of the search shall be forwarded to the agent or company that is to issue the policy in the same order of business as is normally conducted by the abstracter. Delays in the search or reporting shall be cause for complaint and disciplinary proceedings by the abstracter's board of examiners.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6, 36-13-25.
Law Implemented: SDCL 36-13-13, 36-13-25, 36-13-26.1, 58-25-16.
20:36:07:03. Copies of searches to be kept. Copies of all searches provided to a title insurance agent or company under this chapter shall be kept in the files of the abstracter.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
CHAPTER 20:36:08
COUNTERSIGNATURE FEES
Section
20:36:08:01 Countersignature fee schedule.
20:36:08:02 Countersignature fee for simultaneous issue.
20:36:08:01. Countersignature fee schedule. The maximum
fee that a licensed abstracter may charge to countersign a title insurance
policy issued through an underwriting company is fifty percent of the gross
premium based on the all inclusive rate filed in the county where the policy is
being generated plus a $75 per chain of title charge for each additional chain
of title searched as follows:
SCHEDULE
|
Insurance to and including |
Owner Rate |
Mortgage Rate |
Simultaneous Issue Mortgage Rate |
||
|
$19,000.00 |
$195.50 |
$156.40 |
$39.10 |
||
|
$20,000.00 |
$201.25 |
$161.00 |
$40.25 |
||
|
$21,000.00 |
$207.00 |
$165.60 |
$41.40 |
||
|
$22,000.00 |
$212.75 |
$170.20 |
$42.55 |
||
|
$23,000.00 |
$218.50 |
$174.80 |
$43.70 |
||
|
$24,000.00 |
$224.25 |
$179.40 |
$44.85 |
||
|
$25,000.00 |
$230.00 |
$184.00 |
$46.00 |
||
|
$26,000.00 |
$235.75 |
$188.60 |
$47.15 |
||
|
$27,000.00 |
$241.50 |
$193.20 |
$48.80 |
||
|
$28,000.00 |
$247.25 |
$197.80 |
$49.45 |
||
|
$29,000.00 |
$253.00 |
$202.40 |
$50.60 |
||
|
$30,000.00 |
$258.75 |
$207.00 |
$51.75 |
||
|
$31,000.00 |
$264.50 |
$211.60 |
$52.90 |
||
|
$32,000.00 |
$270.25 |
$216.20 |
$54.05 |
||
|
$33,000.00 |
$276.00 |
$220.80 |
$55.20 |
||
|
$34,000.00 |
$281.75 |
$225.40 |
$56.35 |
||
|
$35,000.00 |
$287.50 |
$230.00 |
$57.50 |
||
|
$36,000.00 |
$293.25 |
$234.60 |
$58.65 |
||
|
$37,000.00 |
$299.00 |
$239.20 |
$59.80 |
||
|
$38,000.00 |
$304.75 |
$243.80 |
$60.95 |
||
|
$39,000.00 |
$310.50 |
$248.40 |
$62.10 |
||
|
$40,000.00 |
$316.25 |
$253.00 |
$63.25 |
||
|
$41,000.00 |
$322.00 |
$257.60 |
$64.40 |
||
|
$42,000.00 |
$327.75 |
$262.20 |
$65.55 |
||
|
$43,000.00 |
$333.50 |
$266.80 |
$66.70 |
||
|
$44,000.00 |
$339.25 |
$271.40 |
$67.85 |
||
|
$45,000.00 |
$345.00 |
$276.00 |
$69.00 |
||
|
$46,000.00 |
$350.75 |
$280.60 |
$70.15 |
||
|
$47,000.00 |
$356.50 |
$285.20 |
$71.80 |
||
|
$48,000.00 |
$362.25 |
$289.80 |
$72.45 |
||
|
$49,000.00 |
$368.00 |
$294.40 |
$73.60 |
||
|
$50,000.00 |
$373.75 |
$299.00 |
$74.75 |
||
|
$51,000.00 |
$378.35 |
$302.68 |
$75.67 |
||
|
$52,000.00 |
$379.50 |
$306.36 |
$76.59 |
||
|
$53,000.00 |
$387.55 |
$310.04 |
$77.51 |
||
|
$54,000.00 |
$392.15 |
$313.72 |
$78.43 |
||
|
$55,000.00 |
$396.75 |
$317.40 |
$79.35 |
||
|
$56,000.00 |
$401.35 |
$321.08 |
$80.27 |
||
|
$57,000.00 |
$405.95 |
$324.76 |
$81.19 |
||
|
$58,000.00 |
$410.55 |
$328.44 |
$82.11 |
||
|
$59,000.00 |
$415.15 |
$332.12 |
$83.03 |
||
|
$60,000.00 |
$419.75 |
$335.80 |
$83.95 |
||
|
$61,000.00 |
$424.35 |
$339.48 |
$84.87 |
||
|
$62,000.00 |
$428.95 |
$343.16 |
$85.79 |
||
|
$63,000.00 |
$433.55 |
$346.84 |
$86.71 |
||
|
$64,000.00 |
$438.15 |
$350.52 |
$87.63 |
||
|
$65,000.00 |
$442.75 |
$354.20 |
$88.55 |
||
|
$66,000.00 |
$447.35 |
$357.88 |
$90.62 |
||
|
$67,000.00 |
$451.95 |
$361.56 |
$90.89 |
||
|
$68,000.00 |
$456.55 |
$365.24 |
$91.31 |
||
|
$69,000.00 |
$461.15 |
$368.92 |
$92.23 |
||
|
$70,000.00 |
$465.75 |
$372.60 |
$93.15 |
||
|
$71,000.00 |
$470.35 |
$376.28 |
$94.07 |
||
|
$72,000.00 |
$474.95 |
$379.95 |
$94.99 |
||
|
$73,000.00 |
$479.55 |
$383.64 |
$95.91 |
||
|
$74,000.00 |
$484.15 |
$387.32 |
$96.83 |
||
|
$75,000.00 |
$488.75 |
$391.00 |
$97.75 |
||
|
$76,000.00 |
$493.35 |
$394.68 |
$98.67 |
||
|
$77,000.00 |
$497.95 |
$398.36 |
$99.59 |
||
|
$78,000.00 |
$502.55 |
$402.04 |
$100.51 |
||
|
$79,000.00 |
$507.15 |
$405.72 |
$101.43 |
||
|
$80,000.00 |
$511.75 |
$409.40 |
$102.35 |
||
|
$81,000.00 |
$516.35 |
$413.08 |
$103.27 |
||
|
$82,000.00 |
$520.95 |
$416.76 |
$104.19 |
||
|
$83,000.00 |
$525.55 |
$420.44 |
$105.11 |
||
|
$84,000.00 |
$530.15 |
$424.12 |
$106.03 |
||
|
$85,000.00 |
$534.75 |
$427.80 |
$106.95 |
||
|
$86,000.00 |
$539.35 |
$431.48 |
$107.87 |
||
|
$87,000.00 |
$543.95 |
$435.16 |
$108.79 |
||
|
$88,000.00 |
$548.55 |
$438.84 |
$109.71 |
||
|
$89,000.00 |
$553.15 |
$442.52 |
$110.63 |
||
|
$90,000.00 |
$557.75 |
$446.20 |
$111.55 |
||
|
$91,000.00 |
$562.35 |
$449.88 |
$112.47 |
||
|
$92,000.00 |
$566.95 |
$453.56 |
$113.39 |
||
|
$93,000.00 |
$561.55 |
$457.24 |
$114.31 |
||
|
$94,000.00 |
$576.15 |
$460.92 |
$115.23 |
||
|
$95,000.00 |
$580.75 |
$464.60 |
$116.15 |
||
|
$96,000.00 |
$585.35 |
$468.28 |
$117.07 |
||
|
$97,000.00 |
$589.95 |
$471.96 |
$117.99 |
||
|
$98,000.00 |
$594.55 |
$475.64 |
$118.91 |
||
|
$99,000.00 |
$599.15 |
$479.32 |
$119.83 |
||
|
$100,000.00 |
$603.75 |
$483.00 |
$120.75 |
||
|
$110,000.00 |
$644.00 |
$515.20 |
$128.80 |
||
|
$120,000.00 |
$684.25 |
$547.40 |
$136.85 |
||
|
$130,000.00 |
$724.50 |
$579.60 |
$144.90 |
||
|
$140,000.00 |
$764.75 |
$611.80 |
$152.95 |
||
|
$150,000.00 |
$805.00 |
$644.00 |
$161.00 |
||
|
$200,000.00 |
$920.00 |
$736.00 |
$184.00 |
||
|
$300,000.00 |
$1,150.00 |
$920.00 |
$230.00 |
||
|
$400,000.00 |
$1,380.00 |
$1,104.00 |
$276.00 |
||
|
$500,000.00 |
$1,610.00 |
$1,288.00 |
$322.00 |
||
|
|
|
|
|
||
|
For each additional $1000 up to and including $5,000,000.00 add |
2.01 |
1.61 |
0.40 |
||
|
up to and including $10,000,000.00 add |
1.72 |
1.38 |
0.34 |
||
|
up to and including $20,000,000.00 add |
1.38 |
1.10 |
0.28 |
||
|
over $20,000,000.00 add |
1.15 |
0.92 |
0.23 |
||
Nothing in this rule is to be
construed to limit or restrict any contractual relationship between an
underwriting agent and the title insurance underwriting company the agent
represents.
Source:
11 SDR 168, effective June 20, 1985; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 34 SDR 73, effective September 17, 2007.
General
Authority: SDCL 36-13-25.
Law
Implemented: SDCL 58-25-16.
20:36:08:02 Countersignature fee for simultaneous issue. The maximum fee an abstracter may charge when countersigning an owner-purchaser title insurance policy and a mortgage title insurance policy concerning the identical property that are to be simultaneously issued is the applicable maximum fee for the countersignature of an owner-purchaser title insurance policy as stated in § 20:36:08:01 plus $5.
Source: 11 SDR 168, effective June 20, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-25.
Law Implemented: SDCL 58-25-16.
