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State of South Dakota
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SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
| 681B0300 |
SENATE JUDICIARY COMMITTEE
ENGROSSED
NO.
SB145
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2/2/98
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| 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 service of the notice shall be served upon the owner of record of the real property, upon the person in possession of the real property, and upon the person in whose name the real property is taxed in the manner provided by law for the service of summons
shall be
made upon the
. All other
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,
may be served in the manner
provided by law for the service of summons 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
tax
certificate shall
cause to be sent to the persons so
send to any
person
served
by publication
a true copy of
such
the
notice through the United States mails,
properly addressed, to the last known address of
each of the persons
the person
. The notice to
the mortgagee or
his
the mortgagee's
assignee shall be directed to
such
the
mortgagee or
BILL HISTORY
1/21/98 First read in Senate and referred to Judiciary. S.J. 141
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 257
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 service of the notice shall be served upon the owner of record of the real property, upon the person in possession of the real property, and upon the person in whose name the real property is taxed in the manner provided by law for the service of summons
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 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
the
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.
BILL HISTORY
1/21/98 First read in Senate and referred to Judiciary. S.J. 141
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 257
