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Administrative Rules
Rule 20:36:06 FEE SCHEDULES

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.




Rule 20:36:06:01 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.

 




Rule 20:36:06:01.01 Use of valuation fee limited on continuations.

          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.




Rule 20:36:06:01.02 Real property valuation fees.

          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.

 




Rule 20:36:06:01.03 Use of unit prices.

          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.




Rule 20:36:06:02 Exceeding schedule prohibited.

          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.




Rule 20:36:06:03 Itemizing of abstract charges pertaining to the maximum fee schedule.

          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.

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