South Dakota Codified Laws — Title 10 (Taxation)
SDCL § 10-56-12
Sale of property seized--Time for sale--Notice of sale--Notice to encumbrancers
The sheriff shall, without delay, fix a time and place for sale of the property seized, which may not be less than ten nor more than thirty days after the seizure. The place may be at any public place in the county or where the property is located if the property cannot be conveniently moved. Notice of the sale shall be given by posting the notice in three public places in the county, at least ten days before the date of the sale. The notice shall state the time and place of the sale, the name of the person against whom the distress warrant was issued, a description of the property, and the amount of the tax claim. The notice shall identify the particular taxes for which the sale is to be made and shall refer to the warrant under which the sale is to be held. Copies of the notice shall also be mailed to all encumbrancers of record at their addresses shown in the encumbrances. If no address appears in the encumbrances, mailing the notice is not required. The failure to mail notice does not invalidate the sale, but the encumbrancer has recourse against the sheriff for any damage the encumbrancer may show.
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In this chapter (26 sections)
- 10-56-1 · Taxes to which procedures apply
- 10-56-2 · Issuance of distress warrant by county treasurer on request
- 10-56-3 · Form of distress warrant
- 10-56-4 · Execution of distress warrant by sheriff
- 10-56-5 · Seizure of property--Exempt property
- 10-56-6 · Duty of sheriff to collect taxes--Failure to proceed deemed…
- 10-56-7 · Proceedings against sheriff for nonfeasance of office
- 10-56-8 · Determination of liens--Procurement of assessment blank
- 10-56-9 · Seizure of property--Unencumbered property seized first
- 10-56-10 · Service of distress warrant--Notice of levy
- 10-56-11 · Sale of property which cannot be moved--Filing of notice of…
- 10-56-12 · Sale of property seized--Time for sale--Notice of…
- 10-56-13 · Payment of tax before sale--Release of property to owner
- 10-56-14 · Sheriff's receipt for taxes--Issuance and filing--Issuance…
- 10-56-15 · Sale of property at public auction to highest…
- 10-56-16 · Adjournment of sale if no bidders
- 10-56-17 · Property not sold for want of bidders--Return
- 10-56-18 · Returns of sheriff on distress warrants--Contents of returns
- 10-56-19 · Amount collected turned over to county treasurer
- 10-56-20 · Balance due on tax after sheriff's collections--Remedies for…
- 10-56-21 · Surplus after sheriff's collections--Payment to owner or…
- 10-56-22 · Sheriff's Fees--Costs--Collection of taxes
- 10-56-23 · Fees, costs and mileage of sheriff--Certified list--Payment…
- 10-56-24 · Distress warrant for motor vehicle license plates or…
- 10-56-25 · Execution of distress warrant for licenses or tags
- 10-56-26 · Disposition of seized plates or tags