South Dakota Statutes

§ 43-31-4 — Limited area of homestead--Mineral lands.

South Dakota § 43-31-4
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-30BHOMESTEAD EXEMPTION

This text of South Dakota § 43-31-4 (Limited area of homestead--Mineral lands.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 43-31-4 (2026).

Text

If within a town plat the homestead must not exceed one acre in extent, and if not within a town plat, it must not embrace in the aggregate more than one hundred sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States, relating to mineral lands, then the area of the homestead, if within a town plat, shall not exceed one acre, and if without a town plat it must not exceed forty acres, if title thereto has been acquired as a placer claim, but if the title has been acquired under the laws of Congress as a lode mining claim, the area of such homestead shall not exceed five acres.

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Related

Gross v. Gross
491 N.W.2d 751 (South Dakota Supreme Court, 1992)
11 case citations
In Re Davis
2004 SD 70 (South Dakota Supreme Court, 2004)
8 case citations
In Re Hlavac
73 B.R. 612 (D. South Dakota, 1987)
1 case citations

Legislative History

SL 1874-5, ch 37, § 8; PolC 1877, ch 38, § 8; SL 1885, ch 65, § 2; CL 1887, § 2456; RPolC 1903, § 3224; SL 1909, ch 136; RC 1919, § 459; SDC 1939, § 51.1710.

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Bluebook (online)
South Dakota § 43-31-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-31-4.