CHAPTER 17-2
LEGAL NEWSPAPERS AND PUBLICATION OF NOTICE
17-2-1 Notices to be published in legal newspaper--Affidavit of publication--Online notice.
17-2-2 17-2-2. Repealed by SL 1985, ch 165, § 1.
17-2-2.1 Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format.
17-2-2.2 Price and circulation requirements.
17-2-2.3 Content requirements.
17-2-2.4 Office of publication requirement.
17-2-2.5 Ownership and circulation statements.
17-2-2.6 Involuntary suspension of publication--Existing legal newspapers.
17-2-3 Status as legal newspaper unaffected by consolidation.
17-2-4 17-2-4. Repealed by omission from SL 1968, ch 271.
17-2-5 17-2-5 to 17-2-9. Repealed by SL 1985, ch 15, § 3.
17-2-10 Publication in adjoining county if no legal newspaper published in county.
17-2-11 Publication in county or nearest adjoining county if no legal newspaper published in municipality or district.
17-2-12 Publication in existing legal newspapers if not enough legal newspapers published in county.
17-2-13 Substitute publication where legal newspaper refuses publication--Affidavit of refusal.
17-2-14 17-2-14. Repealed by SL 1985, ch 15, § 3.
17-2-15 17-2-15. Repealed by SL 1974, ch 55, § 50.
17-2-16 Designation of newspaper in which execution notice published.
17-2-17 Day on which weekly publication made--Interval between publications.
17-2-18 Weekly publication constituting publication for stated number of days.
17-2-18.1 Time allowed for publication of proceedings and reports of political subdivisions.
17-2-18.2 Type size required for legal publication.
17-2-19 Legal publication fees not otherwise prescribed--Maximum--Adjustment.
17-2-20 Fees chargeable for second and subsequent publications.
17-2-21 17-2-21. Repealed by SL 1989, ch 183, § 6.
17-2-22 Notices validated despite hearing or action in same week as final publication--Rights barred by no action.
17-2-22.1 Affidavit of printer or publisher admissible in evidence--Prima facie evidence.
17-2-23 Publication affidavits validated despite discrepancy in name of newspaper.
17-2-24 Publication affidavits validated despite failure to describe status as legal newspaper.
17-2-25 Publication affidavits validated despite failure to recite statutory authority for execution.
17-2-26 Vested rights protected against validating provisions.
17-2-27 Publication affidavits validated without additional affidavit as to fees.
17-2-28 Notice, minutes, bids, and other published information--Publication cost--Online notice.
17-2-1. Notices to be published in legal newspaper--Affidavit of publication--Online notice.
All legal and other official notices must be published in a legal newspaper as described in this chapter. When any legal notice is required by law to be published in any newspaper, the newspaper publishing the notice shall place the notice on a statewide website, established and maintained as a repository for such notices by an organization representing a majority of South Dakota newspapers.
The newspaper shall include a prominent link to the statewide website on the newspaper's website homepage or post all public notices to the newspaper's website in a manner that is accessible and free to the public, if the newspaper maintains a website. The affidavit of publication must state that the newspaper is a legal newspaper. The affidavit is prima facie evidence of that fact. Each affidavit of publication must state in plain terms the fees charged.
Source: SL 1887, ch 51, § 3; CL 1887, § 1431; SL 1893, ch 114, § 2; RPolC 1903, §§ 1848, 1851; RC 1919, §§ 7070, 7073; SDC 1939, § 65.0507; SL 1949, ch 445, § 5; SL 2022, ch 55, § 1.
17-2-2.1. Requirements for legal newspaper--Language--Size--Duration and frequency of publication--Electronic format.
No publication is a legal newspaper for publishing legal and other official notices unless, for at least one year prior to publication of such notices, the publication is printed in the English language and contains at least four pages per issue, with at least one hundred twenty square inches of printed matter per page; and if the publication is a daily, is distributed in either a printed or electronic format, or both, at least five days each week, or if not a daily, is distributed in either a printed or electronic format, or both, at least once each week for at least fifty weeks each year. In any week in which there is a legal holiday, no more than four issues of a daily newspaper are necessary.
Source: SL 1985, ch 165, § 2; SL 2022, ch 55, § 2.
17-2-2.2. Price and circulation requirements.
A legal newspaper shall, for at least one year prior to publication of legal and official notices, be intended for distribution and circulation to the general public, without regard to business, trade, or profession, and must either:
(1) Maintain a definite price of not less than fifty percent of its published price, be paid for by no less than fifty percent of those to whom it is distributed, and have a minimum paid circulation of at least two hundred; or
(2) Maintain a minimum of two hundred paid online subscribers and distribute an associated print edition at least once a week for at least fifty weeks per year with a circulation of at least five hundred copies, regardless of whether the print edition is made available to the public for a paid subscription or for free.
Source: SL 1985, ch 165, § 3; SL 2024, ch 69, § 1.
17-2-2.3. Content requirements.
A legal newspaper shall contain reports of local happenings of recent occurrences of a varied nature, such as political, social, moral, and religious subjects and miscellaneous reading matter. For at least one year prior to publication of legal and official notices, a newspaper must devote at least twenty-five percent of its total column space in at least one-half of its issues in any calendar year to nonpaid news content. No more than eighty percent of the space devoted to nonpaid news content may duplicate any other publication, unless the duplicated material is from recognized general news services.
Source: SL 1985, ch 165, § 4; SL 2024, ch 69, § 2.
17-2-2.4. Office of publication requirement.
A legal newspaper shall, for at least one year prior to publication of legal and official notices, maintain a known office of publication in the community where its mailing permit of original entry is issued or where its principal office is located as stated on the annual report filed with the secretary of state, for the purpose of publishing a newspaper. No newspaper may have more than one place where it is published at the same time.
For the purposes of this section the term "publish" means the process by which news may be gathered, advertising solicited, and general newspaper business conducted for at least eight normal business hours per week.
Source: SL 1985, ch 165, § 5; SL 2022, ch 55, § 3; SL 2024, ch 69, § 3.
17-2-2.5. Ownership and circulation statements.
In order to maintain legal newspaper status, the newspaper must submit to the secretary of state before January first of each year a sworn statement of ownership and total print and online circulation for the previous calendar year, on forms prescribed by the secretary of state.
Between September first and December thirty-first of each year, a legal newspaper must publish either:
(1) A United States Postal Service periodicals-class statement of ownership and circulation; or
(2) The most recent sworn statement by a recognized independent circulation auditing agency verifying the total print and online circulation.
For the purposes of subdivision (2), a newspaper designated as an official legal newspaper by a public agency for the purpose of publication of legal and official notices must complete the independent audit annually. For a newspaper that has not been designated as an official legal newspaper by any public agency, an independent audit shall have been completed within two years prior to being designated as an official legal newspaper by any public agency.
Source: SL 1985, ch 165, § 6; SL 2024, ch 69, § 4.
17-2-2.6. Involuntary suspension of publication--Existing legal newspapers.
The publication requirements listed in §§ 17-2-2.1 to 17-2-2.5, inclusive, are not deemed to be interrupted by any involuntary suspension of publication resulting from loss, destruction, failure, or unavailability of operating facilities, equipment, or personnel from any cause, and any newspaper so affected is not disqualified as a legal newspaper if publication is resumed within one week after it again becomes possible. This section and §§ 17-2-2.1 to 17-2-2.5, inclusive, do not disqualify as a legal newspaper any publication which, prior to January 1, 1985, was a legal newspaper, so long as it continues to meet the requirements under which it previously qualified. A newspaper may use activity occurring prior to July 1, 2024, to satisfy the requirements of chapter 17-2.
Source: SL 2024, ch 69, § 5.
17-2-3. Status as legal newspaper unaffected by consolidation.
The consolidation or union of any two or more newspapers, any or all of which were before such consolidation legal newspapers as defined in § 17-2-2.1, does not affect the legality of the newspaper formed by the consolidation. The consolidated newspaper shall be deemed to have complied with the requirements prescribed for a legal newspaper and to be a legal newspaper as defined in § 17-2-2.1.
Source: SL 1895, ch 131; RPolC 1903, § 1850; RC 1919, § 7069; SL 1919, ch 250; SL 1937, ch 185; SDC 1939, § 65.0508; SL 1939, ch 298; SL 1943, ch 318; SL 1968, ch 271; SL 1987, ch 29, § 8.
17-2-10. Publication in adjoining county if no legal newspaper published in county.
Whenever publication of any kind of order or notice is required in a newspaper in a county and there is no legal newspaper published in such county at the time publication begins, and there is no specific provision as to how such publication shall in that event be made, it shall be sufficient if the publication is made in a newspaper published in an adjoining county.
Source: SL 1893, ch 114, § 3; RPolC 1903, § 1852; RC 1919, § 7071; SDC 1939, § 65.0509.
17-2-11. Publication in county or nearest adjoining county if no legal newspaper published in municipality or district.
Whenever publication of any kind of order or notice is required in a newspaper in any municipality, or other district in a county and there is no legal newspaper published in such municipality, or district and there is no specific provision as to how such publication shall in that event be made, it shall be sufficient if the publication is made in any newspaper published in the county where the municipality, or district is situated, and if none is published in the county, then in any newspaper of the adjoining county, any part of the boundary line of which is nearest said municipality, or district, and if more than one county is equidistant by boundary, then in any of said counties.
Source: SL 1893, ch 114, § 3; RPolC 1903, § 1852; RC 1919, § 7071; SDC 1939, § 65.0509; SL 1992, ch 60, § 2.
17-2-12. Publication in existing legal newspapers if not enough legal newspapers published in county.
Where publication is required in more than one newspaper in any municipality, county, or other district, and the required number of legal newspapers are not being published in such municipality, county, or other district at the time publication begins, publication in such newspaper or newspapers, as are actually being published in such municipality, county, or other district at the time publication begins, shall be sufficient.
Source: SDC 1939, § 65.0509; SL 1992, ch 60, § 2.
17-2-13. Substitute publication where legal newspaper refuses publication--Affidavit of refusal.
Whenever publication is required in any legal newspaper and the editor of such newspaper shall refuse to make the publication for any reason other than nonpayment of his fee for the same, it shall then be sufficient legal notice by publication to publish such notice in any other legal newspaper which would be qualified for publication of such notice under §§ 17-2-10 to 17-2-12, inclusive, in the event the newspaper refusing to publish such notice did not exist, or to give such notice in any legal manner available if no newspaper is then qualified to publish the same. The affidavit of any disinterested person that he presented such notice to the editor or foreman of such newspaper with request for publication and that publication was refused and stating the reason why such publication was refused if any was given, shall be attached to the proof of giving the notice as finally given and shall be prima facie evidence of its contents and the rights of any such person thereafter relying on the same in good faith, shall not be prejudiced by any claim that such publication was not in fact refused.
Source: SDC 1939, § 65.0509.
17-2-16. Designation of newspaper in which execution notice published.
In all cases of publications of notices in connection with sales upon an execution, the plaintiff may designate the newspaper, published within the county, in which such notice shall be published.
Source: SL 1887, ch 51, § 1; CL 1887, § 1430; SL 1891, ch 66; RPolC 1903, § 1847; RC 1919, § 7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, § 65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500.
17-2-17. Day on which weekly publication made--Interval between publications.
Whenever in any act or statute providing for the publishing of notices, the phrase "successive weeks," "weeks successively," "consecutive weeks," or "weeks consecutively" is used, the term weeks shall be construed to mean calendar weeks, and the publication upon any day in such weeks shall be sufficient publication for that week, except that at least five days shall intervene between such publications, and all publications heretofore or hereafter made in accordance with the provisions of this section or § 17-2-18 shall be deemed legal and valid.
Source: SL 1889, ch 38; RCivC 1903, § 2445; RC 1919, § 8; SDC 1939, § 65.0506; SL 1943, ch 317.
17-2-18. Weekly publication constituting publication for stated number of days.
Unless the context otherwise plainly requires, whenever publication is directed by a statute or rule of court for a stated number of days or for not less than a stated number of days before or after the event to be noticed, it shall mean the publication once where the stated number of days is ten or less and at least once a week for two consecutive weeks where the stated number of days is eleven or more and only the first publication must be made prior to the stated period of time.
Source: SDC 1939, § 65.0506; SL 1943, ch 317; SL 1972, ch 129, § 5.
17-2-18.1. Time allowed for publication of proceedings and reports of political subdivisions.
It shall be the duty of publishers of official newspapers to cause publication of minutes of proceedings and reports required to be published by counties, municipal corporations and school districts to be made within ten days after receipt thereof. A publication made subsequent to such time shall not be deemed invalid but the publisher may thereby forfeit his right to payment therefor.
Source: SL 1972, ch 129, § 4.
17-2-18.2. Type size required for legal publication.
Legal publications in official newspapers with a circulation of less than nine thousand shall be printed in not less than eight point type, and in official newspapers with a circulation of more than nine thousand in not more than six point type. A publication in violation of this section shall not invalidate any publication otherwise made in compliance with law but the newspaper printing the same may be denied payment therefor.
Source: SL 1972, ch 129, § 3; SL 1974, ch 159; SL 1977, ch 181.
17-2-19. Legal publication fees not otherwise prescribed--Maximum--Adjustment.
If any legal publication is required or allowed by law, and no other fee is prescribed for that publication, the maximum fee that may be charged for the publication is:
(1) If the legal newspaper has a paid circulation of less than nine thousand, 35.5 cents per line for eight-point type, and 31.4 cents per line for nine-point type, for a column width of eleven picas. If column widths vary, the rate per line is adjusted based on the percentage of space used. Tabular matter with one justification is charged at one and one-half times the rates set in this subdivision, and tabular matter with two justifications or more at twice the rates; and
(2) If the legal newspaper has a paid circulation of nine thousand or more:
Newspaper circulation | Rate per column inch, six-point type |
9,000 – 19,999 | $6.23 |
20,000 – 29,999 | $6.54 |
30,000 – 39,999 | $6.87 |
40,000 and over | $7.36 |
Beginning July 1, 2025, and again on each July first thereafter, the maximum rates described in this section are to increase by either two percent or the index factor described in § 10-13-38, whichever is less. The commissioner of human resources and administration or its designee shall publish the adjusted rates for the following year in the South Dakota Register by December fifteenth each year, which are effective on July first of the following year.
Source: PolC 1877, ch 39, § 22; SL 1887, ch 51, § 1; CL 1887, § 1430; SL 1891, ch 66; RPolC 1903, § 1847; RC 1919, § 7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, § 65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500; SL 1968, ch 272; SL 1972, ch 128, § 1; SL 1973, ch 139; SL 1976, ch 151, § 1; SL 1982, ch 173, §§ 1, 2; SL 1989, ch 183, §§ 1-3; SL 2004, ch 142, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2024, ch 70, § 1.
17-2-20. Fees chargeable for second and subsequent publications.
The rates stated by § 17-2-19 shall apply for the first insertion of a legal notice. Subsequent insertion shall be paid for at eighty percent of the stated charges.
Source: SL 1887, ch 51, § 1; CL 1887, § 1430; SL 1891, ch 66; RPolC 1903, § 1847; RC 1919, § 7072; SL 1929, ch 203; SL 1937, ch 183; SDC 1939, § 65.0512; SL 1939, ch 299; SL 1945, ch 357; SL 1957, ch 500.
17-2-22. Notices validated despite hearing or action in same week as final publication--Rights barred by no action.
All publications of notices which were made in the form, for the number of publications and length of time required by the law then applicable thereto, with the final publication on a day prior to hearing or other action pursuant to such notice and all orders and decrees entered, or other action taken, or permitted to be taken, based upon any such notice, prior to January 1, 1992, are hereby legalized and validated notwithstanding the fact that hearing was held, or other action had, or permitted to be had, in the same calendar week as the final publication of such notice.
If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source: SL 1963, ch 468; SL 1992, ch 307, § 5.
17-2-22.1. Affidavit of printer or publisher admissible in evidence--Prima facie evidence.
The affidavit of any printer, foreman of any printer, publisher of any newspaper, published in this state, or employee of such publisher having personal knowledge of the facts stated in said affidavit, of the publication of any notice, order, or advertisement which by any law of this state is required or authorized to be published in such newspaper, is entitled to be read in evidence in all courts, and in all proceedings before any officer, board, or body, and is prima facie evidence of such publication and of the facts stated therein.
Source: CCivP 1877, § 490; CL 1887, § 5304; RCCivP 1903, § 530; RC 1919, § 2721; SL 1937, ch 184; SDC 1939 & Supp 1960, § 36.1102; SDCL, § 19-4-5; SL 1979, ch 154, § 18.
17-2-23. Publication affidavits validated despite discrepancy in name of newspaper.
Whenever it shall appear from the affidavit of publication of a notice or of other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds that the name of the newspaper in which such publication was had does not strictly conform to the name of newspaper contained in any order for the publication thereof or is not identical with the name of such newspaper, and where there is no reasonable ground for doubt as to the newspaper referred to in said affidavit and said order being one and the same newspaper, such affidavit of publication of said notice is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though said inconsistency or discrepancy hereinbefore referred to did not exist.
Source: SL 1949, ch 445, § 3; SDC Supp 1960, § 65.0305-1 (3).
17-2-24. Publication affidavits validated despite failure to describe status as legal newspaper.
Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that the newspaper in which such publication was had was a legal newspaper at the time such publication was made is hereby legalized and validated and said affidavits of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such newspaper was a legal newspaper at the time said publication was had.
Source: SL 1949, ch 445, § 1; SDC Supp 1960, § 65.0305-1 (1).
17-2-25. Publication affidavits validated despite failure to recite statutory authority for execution.
Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that it was executed by a person authorized by statute to make such affidavit of publication but from which it shall appear that the person making such affidavit knew the facts relative to such publication at the time such affidavit was made and affirmatively states that it was so made is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such affidavit was executed by a person authorized by statute to make such affidavit of publication.
Source: SL 1949, ch 445, § 2; SDC Supp 1960, § 65.0305-1 (2).
17-2-26. Vested rights protected against validating provisions.
If any person has any vested right in any property by reason of any affidavit of publication which is or would be legally insufficient for any of the reasons set forth in §§ 17-2-23 to 17-2-25, inclusive, or any one or more of such sections, if no action or proceeding to enforce such right was begun on or before July 1, 1950, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state unless, on or before July 1, 1950, there was recorded in the office of the register of deeds of the county in which the real estate affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source: SL 1949, ch 445, § 4; SDC Supp 1960, § 65.0305-1 (4).
17-2-27. Publication affidavits validated without additional affidavit as to fees.
Any affidavit of the publication of a notice which has been filed or recorded before July 1, 1939, in any action or proceeding, or in the office of any register of deeds without having annexed thereto the additional affidavit contemplated by section 7074 of the Revised Code of 1919, is hereby legalized and validated, and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though said additional affidavit had been duly annexed thereto.
Source: SL 1919, ch 1; SDC 1939, § 65.0305.
17-2-28. Notice, minutes, bids, and other published information--Publication cost--Online notice.
If the publication of any notice, minutes, bids, document, or other information is required by law by the state or any municipality, county, or school district, the public notice must bear inscriptions that list the approximate cost of the newspaper publication and that the notice may be viewed free of charge on a statewide public notice website maintained pursuant to § 17-2-1. The inscriptions must be printed at the top or bottom of the public notice and in the same type size as the body of the public notice.
Source: SL 2009, ch 106, § 1; SL 2022, ch 55, § 4.
