CHAPTER 233
(HB 1198)
Records of weed and pest control board may recorded
when related to real property.
ENTITLED, An Act to
include records of the county weed and pest board with certain records
maintained by the register of deeds related to real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
43-28-4
be amended to read as follows:
43-28-4.
In addition to all other instruments affecting the title to real property which are now
eligible for record in the office of a register of deeds in this state, the following mentioned original
instruments, together with copies of such other original instruments, records, proceedings, entries,
orders, decrees, and appointments as are hereinafter mentioned, or portions thereof or excerpts
therefrom, if such copies are duly certified to by the person or officer having the legal custody
thereof as being true copies thereof, or of portions thereof or excerpts therefrom, are eligible for
record in the office of the register of deeds of the county wherein the real property affected is
situated, and shall be indexed against such property, and such record, or a copy thereof duly
certified to by the register of deeds, or included as a part of a duly prepared and certified abstract
of title to real property affected, shall be received and accepted as prima facie evidence of the facts
or matters therein contained or set forth:
(1)
Affidavits of publication of notices of sale, affidavits of sale, and every other instrument
executed or used in connection with the making of a sale and conveyance of real
property by any board, department, officer, or officers of the State of South Dakota, or
of any county, township, school district, or municipality of the State of South Dakota;
(2)
Affidavits explaining the presence in the deed, mortgage, or other records of any county
of any interloping deed, mortgage, or other instrument purporting to have been executed
by a person or persons who are not shown of records as having owned any right or title
to, interest or estate in or lien upon the real property described in such interloping
instrument at the time the same purports to have been executed;
(3)
Affidavits explanatory of recitals contained in deeds, mortgages, or other instruments
to the effect that the real property described in such instruments is subject to certain
mortgages or other liens, when such recitals leave in doubt the amount of the
indebtedness or the extent to which the real property in question is affected thereby;
(4)
Copies of orders and appointments made by any officer, department, or board of the
State of South Dakota, pursuant to law, appointing any appointive officer, agent, or
employee of the State of South Dakota, or of any department thereof, and defining the
powers and authority of such officer, agent, or employee;
(5)
Copies of the original minutes and records of meetings held and official action taken by
any board of county commissioners, school board, board of education, township board,
county weed and pest board,
or governing body of any municipality, within the State of
South Dakota, or by the members, officers, or directors of any federal bureau, board,
department, or corporation created by, or by authority of, an act of Congress;
(6)
Copies of orders and appointments made by any federal bureau, board, department, or
officer, pursuant to law, appointing receivers for corporations which have been created
or organized by, or by authority of, an act of Congress, and copies of any order or other
instrument of record defining the powers and authority of any such receiver;
(7)
Copies of letters testamentary, of administration, and of conservatorship, and of orders
appointing receivers and trustees, issued by any court, foreign or domestic, when used
to show the authority of an executor, administrator, conservator, receiver, or trustee to
execute a satisfaction or assignment of, or to foreclose, a mortgage or other lien against
real property; and the officer who certifies to any such copy as being a true copy of the
original instrument on file and in his custody may include in his certificate a statement
that the original instrument is, or at any given time was, in full force and effect and
unrevoked, which statement shall be accepted as prima facie evidence of the facts so
recited;
(8)
Certified copies of any petition, order, notice, or other document on file in the office of
the clerk of any bankruptcy court or any United States district court offered for record
by any person.
Signed February 22, 2005