State of South Dakota
|
SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
681B0300 |
SENATE BILL
NO.
145
|
Introduced by: Senator Aker and Representatives Crisp and Duniphan |
FOR AN ACT ENTITLED, An Act
to revise the procedure for serving lienholders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-25-5 be amended to read as follows:
10-25-5.
Personal
Any person defined in
§
§
10-25-3 and 10-25-4 shall be served by personal
service of the notice in the manner provided by law for the service of summons
shall be made
upon the persons mentioned in
§
§
10-25-3 and 10-25-4 as reside within the state. However, if
any of the persons are nonresidents of the state,
or
the notice may be served
upon the
nonresidents
by publishing the notice once a week for at least two successive weeks in
some
a
newspaper printed in the county where the real property is situated, and if no newspaper is
printed in the county, in the nearest legal newspaper printed in the state. In addition to the
service by publication
,
the holder of the certificate shall
cause to be sent to the persons so
send
to any person
served a true copy of
such
the
notice through the United States mails, properly
addressed, to the last known address of each
of the persons
person
. The notice to the mortgagee
or
his
the mortgagees's
assignee shall be directed to
such
the
mortgagee or assignee to
his
the
address
as the same appears
appearing
in the mortgage of record, or in the assignment thereof.
The notice to a lienholder or to any other interested person as may appear from the records in
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-25-5 be amended to read as follows:
10-25-5.
the office of the register of deeds, the county treasurer
,
or the clerk of courts shall be sent to the
last known address of each person. The notice shall be sent by registered or certified mail
, return
receipt requested,
with all proper postage prepaid.
Personal service of such notice, as above
specified, may be made upon persons outside of the state, in which case service by publication
and mailing may be dispensed with.