South Dakota § 38-17-15 Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.

South Dakota Statutes

§ 38-17-15 — Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.

South Dakota·Title 38 AGRICULTURE AND HORTICULTURE·Ch. 38-17 CROP LIENS

Any person entitled to a lien under § 38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown. After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state. The office of the register of deeds shall file and enter the account in the manner required by law in t

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Any person entitled to a lien under § 38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown. After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state. The office of the register of deeds shall file and enter the account in the manner required by law in the personal property index. The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing. Any person entitled to a lien under § 38-17-14 shall perfect the lien as provided in chapter 57A-9 . Any financing statement filed to perfect the lien must contain or have attached to it the following information: (1) The name and address of the owner or operator claiming the lien; (2) The name and address of the person for whom a service specified in § 38-17-14 was performed; (3) The amount due for the service of threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, pulverizing, or other processing; (4) The amount of grain, seed, hay, silage, or other agricultural product covered by the lien; (5) The place where the grain, seed, hay, silage, or other agricultural product is located; and (6) The date on which the service was performed. After making oath to the correctness of the statement, the person shall file the statement electronically with the secretary of state. The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing. To perfect the lien, the financing statement must be filed within thirty days of the date the threshing or other processing was finished. At the time the lien is filed, the lienholder shall provide a copy to the person for whom the work was done.

South Dakota § 38-17-15 (Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1889, ch 88, §§ 3, 4; RCCivP 1903, §§ 739, 740; RC 1919, §§ 1685, 1686; SL 1921, ch 281, § 3; SL 1931, ch 175, § 3; SL 1933, ch 130; SDC 1939, § 39.1302; SL 2018, ch 241, § 14.