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S.D. Codified Laws § 44-9-16

Lien statement by lien claimant--Verification--Contents

Applied in 12 court decisions — leading case Crescent Electric Supply Co. v. Nerison (1975)

Most recently applied in J. Clancy, Inc. v. Khan Comfort, LLC (February 2021)

Source: SL 1879, ch 41, § 5; CL 1887, § 2043; RPolC 1903, § 2577; SL 1909, ch 51, § 5; SL 1913, ch 263, § 7; SL 1915, ch 243, § 5; SL 1917, ch 295, § 2; RC 1919, §§ 1635, 1649; …

How often courts cite this section

19741980199020002010202120
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.

Such statement shall be made by or at the instance of the lien claimant, shall be verified by the oath of some person shown by such verification to have knowledge of the facts stated, and shall set forth:

(1) A notice of intention to claim and hold a lien, and the amount thereof;

(2) That such amount is due and owing to the claimant for labor performed, or for skill, services, material, or machinery furnished, and for what improvement the same was done or supplied;

(3) The names and post office addresses of the claimant, and of the person for or to whom performed or furnished;

(4) The dates when the first and last items of the claimant's contribution were made;

(5) A description of the property to be charged, identifying the same with reasonable certainty;

(6) The name and address of the owner thereof at the time of making such statement, according to the best information then had; and

(7) An itemized statement of the account upon which the lien is claimed.

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