CHAPTER 253

(HB 1086)

Clarify provisions related to the release of liens by undertaking.

         ENTITLED, An Act to  revise certain provisions related to the release of a lien by undertaking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 44-4-5 be amended to read as follows:

     44-4-5.   A The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where

the application will be made for release of the lien shall be served , on the lien claimant or his the lien claimant's agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien.

     Signed March 5, 2007

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