28-14-1      County claim for reimbursement from person relieved--Enforcement against property.
28-14-2      Relief of nonresident--Reimbursement by county of residence.
28-14-2.1      Relief to resident of less than sixty days--Reimbursement by prior county of residence.
28-14-2.2      Relief to person becoming resident for medical services--Reimbursement by prior county of residence.
28-14-3      Support and relief for which lien may be established--Burial expenses.
28-14-4      Medical treatment not subject to lien provisions.
28-14-5      County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund.
28-14-6      Application of lien to property of spouse--Joint tenancy--Continuation of lien.
28-14-7      Recording of poor relief payments by county auditor--Contents of record--Place of filing.
28-14-8      Certified copies of record filed in other counties--Lien on property therein.
28-14-9      Record as notice of lien--Joint tenancy, homestead, and after-acquired property covered.
28-14-10      Application to county commissioners for correction of record of lien--Action by commissioners.
28-14-11      Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead.
28-14-12      Advertising and sale of personal property acquired by lien foreclosure.
28-14-13      Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received.
28-14-14      Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register.
28-14-15      Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments.
28-14-16      Filing with county auditor of application for satisfaction, compromise of lien, or correction of record.
28-14-17      Action and resolution by county commissioners on application--Execution of instruments.
28-14-18      Recording of satisfactions and releases--No fee--Marginal notation by register of deeds.
28-14-19      Termination of lien upon closing of estate.
28-14-20      Termination of certain liens as matter of law.

28-14-1. County claim for reimbursement from person relieved--Enforcement against property.

When any county shall furnish relief to any person under the provisions of chapter 28-13, such county shall have a claim against the person so relieved for the value of such relief, which may be enforced against any property, not exempt from execution, which such person may have or later acquire.

Source: SDC 1939, § 50.0107; SL 1941, ch 211, § 5.

28-14-2. Relief of nonresident--Reimbursement by county of residence.

If a county furnishes relief under the provisions of chapter 28-13 to any person who is a nonresident of the county and the county is unable to collect the amount of relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person is a resident as determined by chapter 28-13 for the value of the provided assistance. The county which furnishes relief shall give notice to the county auditor of the resident county of the claim for reimbursement. The resident county shall make the reimbursement out of the poor relief funds for that county.

Source: SDC 1939, § 50.0107 as added by SL 1941, ch 211, § 5; SL 1976, ch 173, § 22; SL 1984, ch 205, § 1.

28-14-2.1. Relief to resident of less than sixty days--Reimbursement by prior county of residence.

If a county furnishes relief under the provisions of chapter 28-13 to any person who has been a resident of the county as determined by chapter 28-13 for less than sixty days prior to the making of an application for nonemergency hospitalization assistance as provided by § 28-13-34.1 or his being hospitalized in an emergency situation, and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was a resident sixty days prior to application for hospitalization assistance or the emergency hospitalization. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.

Source: SL 1984, ch 205, § 2; SL 1989, ch 30, § 55.

28-14-2.2. Relief to person becoming resident for medical services--Reimbursement by prior county of residence.

If a county furnishes relief under the provisions of chapter 28-13 to any person with a preexisting medical condition who becomes a resident of the county as determined by chapter 28-13 solely to utilize the medical facilities of the county and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was last a resident. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.

Source: SL 1984, ch 205, § 3.

28-14-3. Support and relief for which lien may be established--Burial expenses.

For the purpose of §§ 28-14-5 to 28-14-18, inclusive, a poor person shall mean any person who receives support, care, and maintenance as a poor person, or any person who is a patient of the South Dakota Human Services Center and any and all other cases wherein any county within this state shall become obligated to, and does pay for any care, support, and maintenance. It shall also include all moneys expended by any county for burial expenses.

Source: SDC 1939, § 39.1701; SL 1939, ch 148; SL 1963, ch 380, § 13.

28-14-4. Medical treatment not subject to lien provisions.

The provisions of §§ 28-14-5 to 28-14-18, inclusive, shall not be construed to apply to any person receiving medical care and hospitalization or any other treatment under the tuberculosis control and eradication program operated by the State Department of Health.

Source: SDC 1939, § 39.1701; SL 1939, ch 148; SL 1963, ch 380, § 13.

28-14-5. County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund.

If any county pays for the care, support, or burial expenses of any poor person as defined in § 28-14-3, the county has a lien upon all the property, both real and personal, including joint tenancy and homestead interests belonging to the poor person, or to be thereafter acquired by the poor person, or in which the poor person has any interest. The lien shall be for all sums of money expended by the county. A lien for expenses paid by a county and reimbursed under the catastrophic county poor relief fund established in chapter 28-13A, shall be for the full amount of the medical expenses paid by the county before reimbursement was made from the catastrophic fund. A lien shall become effective immediately upon payment by any county, to or for the benefit of such poor person, and filing with the register of deeds office for recording and indexing. Each additional payment made by the county for such poor person shall be added to the amount of the lien. If a county receives a reimbursement from the catastrophic county poor relief fund and the county subsequently collects all or part of the claims from either the individual or a third-party source, the county shall repay a percentage of the collection to the catastrophic county poor relief fund. The percentage of the collection repaid shall equal the percentage of the claim that the catastrophic county poor relief fund reimbursement represents.

Source: SDC 1939, § 39.1702; SL 1953, ch 209, § 1; SL 1963, ch 237; SL 1993, ch 211.

28-14-6. Application of lien to property of spouse--Joint tenancy--Continuation of lien.

If any poor person receiving benefits from the county be a married person, the lien therein established shall also be a lien upon all the property, real and personal, including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such poor person as the case may be, if the Christian names of both spouses are shown in connection with the lien. Such lien shall not sever a joint tenancy or affect the right of survivorship except that the lien shall be enforceable to the extent that the county aid recipient had an interest prior to his death.

Such lien shall continue until the liability for such amount is satisfied except that such lien may be adjusted and compromised as to specific property as now provided by statute.

Source: SDC 1939, § 39.1702; SL 1953, ch 209, § 1; SL 1963, ch 237.

28-14-7. Recording of poor relief payments by county auditor--Contents of record--Place of filing.

It shall be the duty of the county auditor, immediately after issuing of county warrants or payment of cash, as the case may be, for the benefit of any poor person, to record the name of such poor person for whose benefit such warrants or cash were issued, the amount thereof, the purpose for which such warrants or cash were issued, together with the name of the fund from which such warrants or cash were drawn, all properly indexed, and to subsequently record in a like manner each additional payment made by the county for such poor person. Such record shall be filed in the office of the register of deeds of the county in which such poor person resides, and in the county of his legal residence or last residence, if he is an inmate of any state institution or deceased.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.

28-14-8. Certified copies of record filed in other counties--Lien on property therein.

Certified copies of the record as to such aid to any poor person may be filed with the register of deeds of any county in the state, and shall thereupon be recorded and indexed as are similar records of such county and shall thereupon constitute notice of a lien upon any property of said poor or deceased person in said county.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.

28-14-9. Record as notice of lien--Joint tenancy, homestead, and after-acquired property covered.

Such record shall be actual notice to all persons of a lien upon all property, real and personal, including joint tenancy and homestead interests belonging to such poor person, or to be thereafter acquired by the poor person or to the husband or wife of such poor person as the case may be, to the extent and amount obligated and paid by any county for the benefit of such poor person.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.

28-14-10. Application to county commissioners for correction of record of lien--Action by commissioners.

In the event the record of a lien shall have been made under the provisions of this chapter whereby the name of the person or persons for whose benefit any payment shall have been made, or the name of any person or persons against whose property a lien may appear to have been created, shall be shown or stated by mistake or incorrectly or in such manner as not to be easily identified as the owner or owners of property, or the amount of such lien be incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board shall have authority to grant the relief sought and to direct the correction of the record accordingly.

Source: SDC 1939, § 39.1708 as enacted by SL 1941, ch 164, § 3.

28-14-11. Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead.

Any lien established by virtue of these statutes may be foreclosed by action in the name of the county to satisfy the amount of the lien, together with interest, cost, and expenses of foreclosure. Such foreclosure shall not be commenced until one year after the last payment to or for the benefit of the poor person during the lifetime of the poor person or until after the death of the poor person.

Such lien shall not be enforced against the homestead of the poor person during his or her lifetime or while occupied as a homestead by the surviving spouse or minor children, except upon alienation.

Source: SDC 1939, § 39.1704; SL 1953, ch 209, § 3.

28-14-12. Advertising and sale of personal property acquired by lien foreclosure.

All property acquired by the county under this chapter shall in the case of personal property be offered for sale by the board of county commissioners of each county by advertising for bids upon two weeks' notice, published in a legal newspaper within the county, and if such board of county commissioners deem it for the best interests of the county, they shall sell the same to the highest bidder for cash.

Source: SDC 1939, § 39.1705.

28-14-13. Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received.

In all cases of real property acquired under these statutes, the board of county commissioners is authorized to rent or sell the same in the same manner as provided for other real property acquired by the county through foreclosure of school fund mortgages, and all moneys received thereby shall be credited to the respective funds from which the money was drawn to establish the lien.

Source: SDC 1939, § 39.1705.

28-14-14. Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register.

When full amount for which a lien against the property of any person shall have been established by virtue of the provisions of this chapter, as certified by the county auditor, shall be paid to the county treasurer of the county which shall have made such payment or payments, such lien shall be satisfied. Upon the receipt for such payment being presented to and filed with such county auditor that officer shall issue a statement, signed, and sealed, to the effect that such lien is satisfied. The statement so issued may be filed for record and recorded in the office of the register of deeds of each county in which a record of such lien has been made, without charge or fee therefor. The register of deeds shall also note the fact of such satisfaction of lien upon the margin of any record of such lien in that office.

Source: SDC 1939, § 39.1706 as enacted by SL 1941, ch 164, § 1.

28-14-15. Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments.

The board of county commissioners shall have authority to enter the appearance of the county in any proceeding affecting the property on which the state claims a lien or charge pursuant to §§ 28-14-5 and 28-14-6, to prosecute or defend in any such proceedings to institute probate proceedings as a creditor of deceased persons, and either in the course of or in the absence of and apart from any action or proceeding enter into any stipulation, compromise, settlements, or other agreements or arrangements in respect to such lien or charge affecting such property as may seem wise, and to execute and deliver any such stipulation, modification, quitclaims, releases, partial releases, discharges, extensions, agreements, satisfactions, partial satisfactions, or subordination or other contract or stipulation or agreement which the interest of the parties or the circumstances of the case may make advisable.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.

28-14-16. Filing with county auditor of application for satisfaction, compromise of lien, or correction of record.

In the event any person having any interest in any property against which a lien has been established as provided by this chapter desires to avail himself of the benefits of § 28-14-10 or of §§ 28-14-14 to 28-14-18, inclusive, he may file with the county auditor in the county in which such lien originated a written application therefor, signed and sworn to by the applicant in which shall be set forth the facts upon which such application is based.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.

28-14-17. Action and resolution by county commissioners on application--Execution of instruments.

Any such application shall be presented to the board of county commissioners of said county at its next regular meeting. If it appears to the satisfaction of the board that it will be to the best interest of the county and the circumstances of the case are such that the same is advisable, the board may, by proper resolution duly adopted authorize such stipulation, modification, quitclaim, release, partial release, discharge, extension, agreement, satisfaction, partial satisfaction, or subordination or other contract or agreement which will effect the purpose desired. Upon such resolution becoming effective and the payment of any sum specified, the chairman of the board of county commissioners and the county auditor shall be authorized to execute any such instrument on behalf of the county.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.

28-14-18. Recording of satisfactions and releases--No fee--Marginal notation by register of deeds.

All satisfactions, partial satisfactions, releases, and partial releases so executed shall be filed for record in the office of the register of deeds of the respective county or counties in which is located the real property so released from such lien. Such filing and recording of such partial satisfaction, satisfactions, releases, or partial releases shall be done without any fee being charged or paid therefor. The register of deeds shall also note the fact of such satisfactions, partial satisfaction, or release or partial release upon the margin of any record of such lien in that office.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.

28-14-19. Termination of lien upon closing of estate.

Any lien or encumbrance against property created by this chapter shall terminate and be discharged upon the closing and termination of the estate of any person against whom any such lien or encumbrance is claimed.

Source: SL 1987, ch 206, § 1.

28-14-20. Termination of certain liens as matter of law.

Any lien or encumbrance created under this chapter prior to July 1, 1970, is hereby terminated as a matter of law.

Source: SL 1987, ch 206, § 2; SL 2001, ch 156, § 1.