7-9-7. Names, addresses, and descriptions required in recorded instruments--Certificate of value.

No register of deeds may accept for record in the office of the register of deeds:

(1)    Any deed, affidavit terminating joint tenancy or life estate interests, or oil, gas, or other mineral lease, or affidavit for succession to real property pursuant to § 29A-3-1203 that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee, and a legal description of the property conveyed or leased;

(2)    Any mortgage that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property, and the amount of the mortgage and when it is due;

(3)    Any assignment of mortgage or oil, gas, or other mineral lease that does not include the names of the assignor and the assignee, the post office address of the assignee, and a legal description of the property;

(4)    Any deed or contract for deed dated after July 1, 1988 or affidavit for succession to real property pursuant to § 29A-3-1203, used in the purchase, exchange, transfer, or assignment of interest in real property that is not accompanied by a certificate of value containing the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale; or

(5)    A transfer on death deed, pursuant to §§ 29A-6-401 to 29A-6-435, inclusive, is exempt from completing and submitting the certificate of value as set forth in subdivision (4) of this section.

Source: SL 1911, ch 257, § 6; RC 1919, § 5916; SDC 1939, § 12.0708; SL 1943, ch 25; SL 1972, ch 41; SL 1983, ch 43; SL 1987, ch 69; SL 1988, ch 68; SL 1991, ch 61, § 1; SL 2006, ch 32, § 1; SL 2014, ch 133, § 36; SL 2022, ch 89, § 2.

7-9-7.1. Report of information in recorded instruments.

The register of deeds shall make the information collected pursuant to § 7-9-7 available to the director of equalization and the secretary of revenue in the same manner as is required by § 7-9-10.

Source: SL 1991, ch 61, § 3.

7-9-7.2. Certificate of value--Form.

The form of the certificate of value required by §§ 7-9-7 and 10-13-40 shall be established by the secretary of revenue by rule promulgated pursuant to chapter 1-26.

Source: SL 1991, ch 61, § 2; SL 1999, ch 50, § 2.

7-9-7.3. State exempt from filing certificate of value.

In lieu of filing the certificate of value required by § 7-9-7 when filing deeds or easements conveying highway right-of-way, the State of South Dakota shall file with the director of equalization a statement of the purchase price paid and the date the state received possession of the right-of-way. The state shall also file with the director of equalization a copy of the plat of the right-of-way being conveyed. The State of South Dakota is exempt from the requirement of § 7-9-7 to file a certificate of value with the register of deeds when filing a deed or easement conveying highway right-of-way.

Source: SL 1991, ch 61, § 4.

7-9-7.4. Original signatures required for recording generally--Financing statements--Exhibits--Limited electronic signatures permitted.

Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses, or other officer taking an acknowledgment. Any financing statement filed and recorded pursuant to chapter 57A-9 is not required to contain the signature of the debtor or the secured party or an acknowledgment.

No original signature is required for any document to be recorded or filed in the register of deeds' records if the document:

(1)    Is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law;

(2)    Contains electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and is recorded electronically pursuant to chapter 7-9A; or

(3)    Is a printed copy of an electronic record containing electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and a certificate acknowledging the authenticity of the copy pursuant to § 18-1-11.5.

Source: SL 2014, ch 47, § 13; SL 2024, ch 71, § 1.