The lien may be enforced by action in the circuit court of the county in which the improved premises or some part thereof are situated, or of the county to which such county is attached for judicial purposes, or, if claimed under subdivision 44-9-1(2), of any county through or into which said railway or other line extends, which action shall be begun and conducted in the same manner as actions for the foreclosure of mortgages upon real estate, except as herein otherwise provided.
S.D. Codified Laws § 44-9-23
Enforcement of lien--Venue of action--Commencement and conduct of proceedings
Applied in 2 court decisions — leading case Perpetual National Life Insurance Co. v. Brown (1970)
Most recently applied in Suvada v. Muller (December 2022)
Source: SL 1913, ch 263, § 9; RC 1919, § 1651; SDC 1939, § 39.0712.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.