South Dakota

21-45-1. Property subject to partition or sale--Persons entitled to bring action.

21-45-2. Consent by conservator to partition without action.

21-45-3. Persons to whom summons directed--General direction to unknown persons.

21-45-4. Grantees and lien holders need not be joined unless claim recorded.

21-45-5. Service of summons--Description included when served by publication.

21-45-6. Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.

21-45-7. Lis pendens notice required--Constructive notice.

21-45-8. Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances.

21-45-9. Notice to lien holders to appear before referee--Service of notice--Report of referee.

21-45-10. Validation of prior appearances by personal representatives.

21-45-11. Contents of answer.

21-45-12. Trial and determination of rights of parties in property--Rights of unknown persons.

21-45-13. Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs.

21-45-14. Interest allowed on disbursements directed by court.

21-45-15. Order directing partition of property--Referees appointed.

21-45-16. Partition by original cotenancies--Further partition or cotenancy.

21-45-17. Partition according to respective rights of parties--Surveys and landmarks.

21-45-18. Road or street set aside before partition or sale.

21-45-19. Unequal division with compensatory payments between parties.

21-45-20. Report of referees on partition made.

21-45-21. Expenses and fees apportioned among parties.

21-45-22. Court action on referees' report--Appointment of new referees.

21-45-23. Judgment of partition--Persons bound by judgment.

21-45-24. Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.

21-45-25. Tenants for years not affected by judgment.

21-45-26. Judgment survives death of party.

21-45-27. Lien on undivided interest chargeable to share allocated--Partition costs preferred.

21-45-28. Sale ordered when partition not practical--Appointment of referees.

21-45-29. Estate for life or years set off in part of property not sold.

21-45-30. Sale at public auction to highest bidder--Publication of notice of sale.

21-45-31. Order for sale at site of property--Reservation of power to receive higher bid at hearing.

21-45-32. Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.

21-45-33. Referees and conservators disqualified from purchasing at sale.

21-45-34. Purchase by cotenant or lien holder.

21-45-35. Payment to guardian of proceeds of sale.

21-45-36. Undertaking required of conservator receiving proceeds of sale.

21-45-37. Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt.

21-45-38. Separate securities taken in names of parties by referees.

21-45-39. Distribution by referees of proceeds of sale--Payment into court.

21-45-40. Clerk of courts to take and hold security and investment of proceeds.

21-45-41. Report of sale filed with clerk of courts--Contents.

21-45-42. Exceptions to return of sale--Order fixing time and place for hearing.

21-45-43. Higher and better bid filed before confirmation of sale.

21-45-44. Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder.

21-45-45. Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.

21-45-46. Sale valid from time of confirmation--Recording of certified copy of order.

21-45-47. Validation of prior proceedings in which sales confirmed--Rights barred by no action.

21-45-48. Recording of conveyance--Persons barred by recorded conveyance.

21-45-49. Disposition of proceeds directed by order confirming sale.

21-45-50. Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.

21-45-51. Application of proceeds of sale of encumbered property.

21-45-52. Lien holder required to resort to other secured property.

21-45-53. Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.

21-45-54. Compensation for future estate--Payment or investment of compensatory share.

21-45-55. Investment of proceeds of sale for unknown or nonresident owner.

21-45-56. Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.