The homestead, including a homestead listed for sale, of every family, resident in this state, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under § 43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead.
S.D. Codified Laws § 43-31-1
Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens
Applied in 18 court decisions — leading case Osloond v. Farrier (2003)
Most recently applied in Reints v. Pennington County (August 2015)
Source: SL 1862, ch 37, § 1; SL 1874-5, ch 37, § 1; PolC 1877, ch 38, § 1; CL 1887, § 2449; SL 1890, ch 86, § 1; RPolC 1903, § 3215; RC 1919, § 449; SDC 1939, § 51.1701; SL 1972…
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.