CHAPTER 254

(HB 1119)

Certain lien provisions revised.


         ENTITLED, An Act to  revise certain provisions concerning mechanics' or materialmen's liens.

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

     Section  1.  That § 44-9-26 be amended to read as follows:



     44-9-26.   Upon written demand of by the owner, his the owner's agent, or contractor, served on any person holding a lien, requiring him the person to commence suit to enforce such the lien, such suit shall be commenced the person shall commence suit within thirty days after such service , or the lien shall be is forfeited. The register of deeds shall cancel the lien of record, if the owner, the owner's agent, or contractor files no sooner than the fortieth day following service of the written demand:

             (1)    An affidavit stating that the person holding the lien has not commenced suit to enforce the lien within thirty days after the service of the written demand;

             (2)    A copy of the written demand that was served on the person holding the lien; and

             (3)    Proof of service on the person holding the lien.

     Signed February 28, 2007
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