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S.D. Codified Laws § 12-1-4

Resident defined--Intention

Applied in 7 court decisions — leading case Cummings v. Mickelson (1993)

Most recently applied in Lapin v. Zeetogroup (July 2025)

Source: SL 1973, ch 67, § 1; SL 1992, ch 60, § 2; SL 2003, ch 80, § 1; SL 2004, ch 105, § 1; SL 2023, ch 42, § 1; SL 2025, ch 57, § 1; SL 2025, ch 58, § 1, eff

How often courts cite this section

19781990200020102020202520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

For the purposes of this title, "resident" means an individual who maintains an actual fixed permanent dwelling, establishment, or any other abode where the individual lives and usually sleeps, for at least thirty consecutive days. An individual who is a resident of this state remains a resident during an absence from this state, if the individual intends to return to this state after a period of absence. An individual may only be a resident of one place.

If an individual who is a resident of a county of this state, goes into another county of this state or another state or territory for a temporary purpose, the individual remains a resident of the county.

An individual is a resident of the county or municipality of this state in which the individual actually lives, if the individual has no present intention of leaving.

An individual remains a resident of this state until the individual becomes a resident of another state or territory. If an individual moves from this state to another state or territory with the intention of becoming a resident of that state or territory for any purpose, the individual is no longer a resident of this state.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.