The owner or the husband or wife may select the homestead, and cause it to be marked off, platted, and recorded as provided in this code. If not so marked off, platted, and recorded, the officer having an execution against the property of such a defendant may cause the homestead to be marked off, platted, and recorded, and may add the expense thence arising to the amount embraced in his execution.
S.D. Codified Laws § 43-31-6
Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution
Applied in 1 court decision — leading case Osloond v. Farrier (2003)
Most recently applied in Osloond v. Farrier (March 2003)
Source: SL 1874-5, ch 37, § 10; PolC 1877, ch 38, § 10; CL 1887, § 2458; RPolC 1903, § 3226; RC 1919, § 461; SDC 1939, § 51.1711.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.