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South Dakota
South Dakota Liens for Service to Horses
NOTE: South Dakota statutes make oblique reference to a breeder's
lien, but not to a veterinarian's or farrier's lien. The South
Dakota agister's lien is broad enough to cover boarding charges
for residential veterinary, farrier or breeding services.
I. Breeder's Lien
SOUTH DAKOTA CODIFIED LAWS
TITLE 44. LIENS
CHAPTER 44-4. RELEASE OF LIENS BY UNDERTAKING
44-4-1 Liens subject to release by undertaking.
When any mechanics', miners', laborers' or materialmen's lien
on real or personal property or on the proceeds of public
improvement contracts, lien for the service of sires, seed
lien, crop production lien or vaccination of livestock lien
under the provisions of chapters 5-22, 38-17, 40-27, 44-9
and 44-11, is filed against real or personal property located
in this state, the property affected may be released by an
undertaking in the manner provided in this chapter.
44-4-2 Affidavit by interested person or agent to release
property from lien by undertaking -- Filing with custodian
of lien record -- Contents.
The owner of the property to be released by undertaking,
or a person substantially affected thereby or having a substantial
interest in the lien to be released, shall cause to be filed
with the officer having control or custody of the record
of the lien, his affidavit, or the affidavit of his agent
or attorney, describing the property, lien and his interest
in said property and stating that the owner or interested
party desires a discharge of the lien from the records.
44-4-3 Undertaking to release property from lien -- Amount
-- Sureties -- Terms and conditions -- Justification of
sureties.
The person filing an affidavit pursuant to s 44-4-2 shall
cause to be filed with the officer an undertaking in an
amount of not less than twice the amount of the lien executed
by at least two sureties, resident freeholders of this state,
or a qualified corporate surety, to the effect that the
owner or interested party will, on demand, pay the amount
that may be recovered by the lien claimant, together with
interest and costs. Personal sureties shall justify their
responsibility by affidavit annexed to the undertaking,
stating a sum which each is worth in property in this state
over and above all debts and liabilities and property exempt
from execution, the aggregate of which shall be double the
amount specified in the undertaking.
44-4-4 Affidavit to release property from lien by undertaking
-- Filing fee -- Recording of documents -- Certified copies
as evidence.
The officer before whom the proceedings are held may charge
a fee in accordance with subdivision 7-9-15 (3) upon the
filing of the affidavit and undertaking and notice, and
the documents shall be filed or recorded in the same manner
as the notice of lien. Certified copies of the documents
shall be prima facie evidence, in the courts of this state,
of the matters therein contained.
44-4-5 Affidavit to release property from lien by undertaking
-- Copy of affidavit, undertaking, and notice of time and
place of hearing of application for release served on lien
claimant or agent -- Return.
A copy of the affidavit and undertaking, together with a
notice designating the time when and the office where the
application will be made for release of the lien shall be
served on the lien claimant or his agent or attorney either
personally in the manner provided for service of a summons
or by certified mail not less than ten days before the time
of the application. Return or affidavit of service or affidavit
of mailing with postal receipt attached shall be filed with
the officer having control and custody of the record of
the lien.
44-4-6 Hearing on application for release of property from
lien by undertaking -- Exception to sufficiency of surety
-- Justification of sureties -- Dismissal of application
upon failure of sureties to justify.
At the time and place specified in the notice for the hearing,
the lien claimant or his agent or attorney may except to
the sufficiency of the surety, and thereupon the sureties
may justify before the officer named in the original notice.
If the sureties, or others substituted, fail to justify
within ten days from the date named for the hearing, said
application shall be dismissed.
44-4-7 Approval of undertaking for release of property
from lien -- Discharge of lien -- Recording by marginal
entry.
If no exception is taken to the sufficiency of the sureties,
or if the sureties justify as provided in s 44-4-6, and
if the officer having control of the record of the lien
approves the undertaking the lien shall be discharged of
record by an entry on the margin of the record thereof as
follows: "discharged by undertaking." The officer
shall date and sign the discharge and thereafter the lien
shall be of no effect.
44-4-8 Release and exoneration of sureties on undertaking
for release of property from lien.
Sureties on the bond shall be released and exonerated unless
action is commenced on the claim on which said lien was
based within one year from the date said lien was discharged.
South Dakota Liens for the Care of Horses
II. Agister's Lien
SOUTH DAKOTA CODIFIED LAWS
TITLE 40. ANIMALS AND LIVESTOCK
CHAPTER 40-27. LIENS ON LIVESTOCK
40-27-1 Agister's lien for service and supplies -- Entitled
to retain possession.
Any person to whom any domesticated animal shall be entrusted
by the owner thereof or pursuant to his authority for the
purpose of feeding, herding, pasturing, or ranging shall
have a lien thereon for the amount that may be due for such
service and supplies except as otherwise provided in s 40-27-2.
Such lien shall entitle the person to retain possession
of such domesticated animals until the amount due is paid.
40-27-2 Authority from owner required for agister's lien.
Section 40-27-1 shall not be construed to give a lien upon
any animal if the same was not owned by the person entrusting
it for keep unless such animal was so entrusted pursuant
to authority from the owner. The provisions of such section
shall not apply to stolen animals.
40-27-3 Notice to mortgagee of agister's lien -- Contents
and service -- Priority over mortgage.
In the event animals subject to a lien under s 40-27-1 shall
be mortgaged, the person to whom entrusted may serve notice
in writing on the mortgagee to the effect that he is feeding,
herding, pasturing, or ranging said animals, or is about
to do so. Such notice shall describe the animals generally
and give the name and address of the person entrusting the
same and the date when the service commenced or a future
date when it is to commence, and the probable amount of
the charge for such service and supplies. The notice may
be served personally upon the mortgagee or by sending the
same by registered or certified mail to said mortgagee at
his post-office address as set out in the mortgage. Upon
service of such notice any charges for service or supplies
subsequently accruing pursuant to the notice shall be a
prior lien to said mortgage to the extent only of the value
of said service and supplies.
40-27-16 Foreclosure of liens on livestock.
Any lien arising under the provisions of this chapter may
be foreclosed under the provisions of chapter 21-53 or under
the provisions of chapter 21-54 subject to the right of
any person adversely interested to require a foreclosure
under chapter 21-53.
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