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S.D. Codified Laws § 32-36-2

Definition of terms

Applied in 2 court decisions — leading case Premier Bank, N.A. v. Mahoney (1994)

Most recently applied in Scotlynn Transport, LLC v. Plains Towing & Recovery, LLC (April 2024)

Source: SL 1972, ch 197, § 2; SL 1985, ch 268, § 1; SL 1987, ch 245, § 1; SL 1988, ch 270, § 1; SL 1998, ch 195, § 3; SL 2025, ch 132, § 1.

Terms used in this chapter mean:

(1) "Abandoned motor vehicle," any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant;

(2) "Impounded vehicle," any motor vehicle removed or caused to be removed from a public highway pursuant to § 32-30-19;

(3) "Junk motor vehicle," any motor vehicle that has been placed on the property of a recognized junk dealer for the purposes of salvage;

(4) "Motor vehicle," automobile, boat as defined by § 32-3A-2, house trailer, moped as defined by § 32-3-1, motor truck, motorcycle, off-road vehicle as defined by § 32-20-1, snowmobile as defined by § 32-20A-1, trailer as defined by § 32-3-1, and all vehicles propelled by power other than muscular power, but not a:

(a) Engine;

(b) Farm wagon;

(c) Road roller;

(d) Traction engine; or

(e) Vehicle that runs only on rails or tracks;

(5) "Removal agency," any public body, or private or nonprofit organization, authorized to remove and salvage abandoned and junk motor vehicles and other scrap metals. A removal agency may be authorized by chapter 32-30 to remove vehicles, may be hired or appointed by a public body, or may be in the business of removing or salvaging vehicles; and

(6) "Scrap metals," waste or refuse metals that have been in actual use and have been abandoned and are fit only to be remanufactured or recycled.

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