21-24-1      Power of courts to provide declaratory relief--Form and effect of declarations.
21-24-2      Person including business associations and public agencies.
21-24-3      Construction and determination of validity of written instruments, legislative acts, and franchises.
21-24-4      Contract construed before or after breach.
21-24-5      Determination of rights under trust or decedent's estate.
21-24-6      Declaratory relief powers not limited by specific enumeration.
21-24-7      Parties to be joined in action for declaratory relief.
21-24-8      Municipality joined in proceeding involving ordinance or franchise--Attorney general joined when constitutional question involved.
21-24-9      Trial of issues of fact.
21-24-10      Judgment refused where controversy would not be terminated.
21-24-11      Award of costs.
21-24-12      Further relief after declaratory judgment--Application and order to show cause.
21-24-13      Review of declaratory orders and judgments.
21-24-14      Chapter declared remedial--Liberal construction.
21-24-15      Severability of provisions.
21-24-16      Citation of chapter.

21-24-1. Power of courts to provide declaratory relief--Form and effect of declarations.

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree.

Source: SL 1925, ch 214, § 1; SDC 1939 & Supp 1960, § 37.0101.

21-24-2. Person including business associations and public agencies.

The word, person, wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal, public or other corporation of any character whatsoever.

Source: SL 1925, ch 214, § 13; SDC 1939 & Supp 1960, § 37.0113.

21-24-3. Construction and determination of validity of written instruments, legislative acts, and franchises.

Any person interested under a deed, will, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

Source: SL 1925, ch 214, § 2; SDC 1939 & Supp 1960, § 37.0102.

21-24-4. Contract construed before or after breach.

A contract may be construed either before or after there has been a breach thereof.

Source: SL 1925, ch 214, § 3; SDC 1939 & Supp 1960, § 37.0103.

21-24-5. Determination of rights under trust or decedent's estate.

Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1)    To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2)    To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;

(3)    To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

Source: SDC 1939 & Supp 1960, § 37.0104; SL 1993, ch 213, § 100.

21-24-6. Declaratory relief powers not limited by specific enumeration.

The enumeration in §§ 21-24-3 to 21-24-5, inclusive, does not limit or restrict the exercise of the general powers conferred in § 21-24-1, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

Source: SL 1925, ch 214, § 5; SDC 1939 & Supp 1960, § 37.0105.

21-24-7. Parties to be joined in action for declaratory relief.

When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

Source: SL 1925, ch 214, § 11; SDC 1939 & Supp 1960, § 37.0111.

21-24-8. Municipality joined in proceeding involving ordinance or franchise--Attorney general joined when constitutional question involved.

In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.

Source: SL 1925, ch 214, § 11; SDC 1939 & Supp 1960, § 37.0111.

21-24-9. Trial of issues of fact.

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Source: SL 1925, ch 214, § 9; SDC 1939 & Supp 1960, § 37.0109.

21-24-10. Judgment refused where controversy would not be terminated.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Source: SL 1925, ch 214, § 6; SDC 1939 & Supp 1960, § 37.0106.

21-24-11. Award of costs.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

Source: SL 1925, ch 214, § 10; SDC 1939 & Supp 1960, § 37.0110.

21-24-12. Further relief after declaratory judgment--Application and order to show cause.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.

Source: SL 1925, ch 214, § 8; SDC 1939 & Supp 1960, § 37.0108.

21-24-13. Review of declaratory orders and judgments.

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

Source: SL 1925, ch 214, § 7; SDC 1939 & Supp 1960, § 37.0107.

21-24-14. Chapter declared remedial--Liberal construction.

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.

Source: SL 1925, ch 214, § 12; SDC 1939 & Supp 1960, § 37.0112.

21-24-15. Severability of provisions.

The several sections and provisions of this chapter except §§ 21-24-1 and 21-24-3 are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

Source: SL 1925, ch 214, § 14; SDC 1939 & Supp 1960, § 37.0114.

21-24-16. Citation of chapter.

This chapter may be cited as the Uniform Declaratory Judgments Act.

Source: SL 1925, ch 214, § 16; SDC 1939 & Supp 1960, § 37.0115.