The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1(2), with the secretary of state.
S.D. Codified Laws § 44-9-15
Lien ceases without filing of required lien statement--Place of filing of statement
Applied in 11 court decisions — leading case Sepco, Inc. v. Valley State Bank (In Re Sepco, Inc.) (1984)
Most recently applied in Carstensen Contracting, Inc. v. Mid-Dakota Rural Water System, Inc. (November 2002)
Source: SL 1913, ch 263, § 7; SL 1917, ch 295, § 2; RC 1919, § 1649; SDC 1939, § 39.0708; SL 1961, ch 200.
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.